J
JMJ
Guest
South Carolina-My husband died three years ago and we had his eldest daughter from first marriage as the personal representative in a valid will. She stalled in filing the inventory until I took her to court and she filed it right before the court date (l year after his death!) which was after her last extention but prior to the court hearing. I demanded bond but the Judge asked if I would give them 30 days to work it out....so I did. They agreed to be forthcoming and give information so I dropped the bond issue. They then refused to give information and I kept asking my attorney why? He did nothing for one year, and then when we went back to court, the Judge was angry because it had gone on for one year and Judge thought everything was okay. I was back in court to compell information. Judge told me I could have info but it would cost me everything I had left in the estate. So I didn't get info and settled. This was the second year after my husbands death. I just had my attorney back in court day after my husband's third anniversary. I have two keys to our saftey deposit box and have asked my attorney why don't they have to report it on the estate tax return and where is the inventoryof it? Since one daughter was added to access it, and produced things that were in it, I knew they had emptied it. The Judge said the personal representative swore under oath there was not a safety deposit box and so he's not acting on it. I asked my attorney to subpoena the bank record but he said the Court was not interested in the saftey deposit box and for me to turn them into the IRS. The Judge ordered the estate to close by Oct. 6, and my attorney says since I settled last year, I could not ask for a hearing during the 30 days following the closing. How do I get the 2 keys into evidence to prove to the court the fact that my husband did have a saftey deposit box when my attorney refuses to act on it? Can I take the 2 keys to the Probate and insist that they accept them as evidence so that I at least have a record that they refused to act on the personal representatives purgery on the estate tax form? I know the Judge is saying "I have no evidence that there was a safety deposit box and a sworn statement that there wasn't one" and my attorney has refused to admit evidence to the court that there was one! How do I get the evidence in???? I'm running out of time.....