Jump to content


  • Content Count

  • Joined

  • Last visited

  • Days Won


knort4 last won the day on February 1 2018

knort4 had the most liked content!

About knort4

  • Rank
    Diamond Contributor

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. If your mother died in Colorado, you can order her death certificate just by virtue of being her child, by showing proof of relationship. If your birth certificate shows her name, you can apply to get her death certificate, which I assume will show the SSN. It is possible that your mother put all of her assets into a trust. Did she also have a will? What county in Colorado is this? Check the county courthouse records online by doing a search using your mother's name to see if her will is being probated in court. If she had a will and if you were named beneficiary, the executor should have mailed you a ,copy of it or you can go to the courthouse to look at it in person. Please do not give up. If your sister has NOT filed to open up probate at the county courthouse, YOU (or an attorney you hire) can open up an intestate probate (meaning a proceeding where there is no will). You or the attorney will be named as administrator (not executor), and the administrator will then receive a certified document called letters testamentary. The administrator will then have the legal authority to get the bank records, order copies of your mother's personal income tax returns, and can also get information from Merrill Lynch about her account there. You will probably find many clues about your mother's assets that will help you and your attorney investigate further. Was your mother employed at the time of her death or was she retired? If you know where she worked, you can ask the company if she purchased life insurance there while she was an employee and perhaps she paid for it with a monthly premium that was deducted from her paycheck. If you have a job, you should be able to afford the filing fees for this (or do you have a friend or relative who could help you pay this?). If you tell the attorney that there may be potential for significant assets here, they may work out an affordable payment plan with you or do it pro-bono with an expectation of receiving a fee later on if assets are recovered.
  2. What state is this in? Calfornia? Does your lease mention anything about notice given when rent increases? What type of lease do you have? A month-to-month lease that lasts for a year, or some other type of lease? If you have a lease for more than 30 days (e.g. 1-year lease), your rent cannot be increased during the term of the lease, unless the lease allows rent increases. If you have a periodic rental agreement (month-to-month), your landlord can increase your rent, but must give you proper advance notice in writing. (Civil Code Section 827 (b)) As of January 1, 2001, a landlord must give the tenant at least 30 days’ advance notice if the rent increase is 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect. A landlord must give 60 days’ advance notice if the rent increase is greater than 10 percent. (Civil Code Section 827b.) He does not have the power to evict you with no reason. Ask him to show you the power of attorney. If you have the landlady's phone number, ask a friend or a relative to call her anonymously (on your behalf, and the friend/relative if possible should not mention that they are calling on your behalf unless they want to) and that friend should ask the landlady if she will be collecting the rent payments or is it okay to give the payments to her husband. Can you afford to pay the rent increase or would you prefer to move somewhere else? Landlords are required to provide a 60-day advance notice to a resident if the landlord elects to terminate a tenancy. If the tenant has resided in the unit less than 1 year, the landlord is only required to give a 30-day notice. (Civil Code Section 1946.1)
  3. She's just a mean person making empty threats that she will not follow through on. Please disregard anything she says. How much in "life savings" do you allege that she took? How could she have gotten access to this money unless your mother gave her the bank card? Did your mother give your sister a signed power of attorney to give her permission to handle your mother's finances?
  4. What state is this in? Is there a signed agreement or contract between your mother and the man about her wages? Instead of just accepting the man's promise to "leave her the house and the cars", your mother should have confirmed this by asking to see the will (if in fact one was ever made). Does your mother have any idea of where the will is, who the attorney was who may have helped him draft it, the names of anyone who may have been asked to be witnesses to the will? Unfortunately, you have no legal standing to do anything now--the fiduciary holds all of the power.
  5. He starts by filing a report with the police where he lives in Texas and keep a copy of the police report for his own personal records. He contacts any credit reporting agency (such as Equifax or Experian or TransUnion) to put a freeze on his account. He also needs to let the Social Security agency know that someone else is using his SSN so they can investigate. Is your boyfriend working a regular daily job to earn his living expenses? It is going to take a few months or maybe even a year to straighten out, but if he does nothing, the identity thief will only make it worse by continuing to attempt to commit fraudulent activity.
  6. This is happening in the state of Washington, correct? Yes, you will want to consult an attorney on this to have someone to get your questions answered about the probate process and to have a second opinion/professional advice about anything that the personal representative tells you. This is a somewhat complex situation that can not be sorted out on a message board because we (and you) can not see the details of all the relevant documents involved. The personal representative is going to look at all assets involved, including the bank account to see if a co-account owner was listed on that (who is automatically entitled to get that money when your father died) or whether that money goes into his estate. His wife while living was entitled to at least half of your father's estate, and his children entitled to the other half. If you are implying that the certified letter you received indicates that you are an heir, then that is a positive development for you. Your father's estate will be probated first, and then his wife's estate will be probated at some future date (I assume her children will take care of this). Do you know yet whether his wife left a will? Do NOT sign the non-intervention waiver until you have discussed the pros and cons of this with your attorney.
  7. I'm so sorry that you have been treated so shabbily in this situation. It really hurts when a family member steals from you. Are you and your brother the only beneficiaries of the trust or are there other siblings? He should have had a bank account set up just for the trust only (that is NOT your mother's checking account) so that the monies received after her death should have been put in the trust account and then distributed according to whoever the trust beneficiaries are and also . The court is going to treat him very harshly for not following the instructions of the trust by not setting up a special needs trust. You need to have a consultation with a trust attorney so that he/she can help you decide what your next steps will be: whether to file a lawsuit against him for breach of fiduciary duty or whether your attorney can negotiate a compromise with him where brother could be asked to return most of the money and distribute it correctly or if he will not do that, then he will face legal charges. Only talk to a trust attorney who will give you a free initial consultation.
  8. What is the reason that the employer doesn't like the your nephew? Your young woman friend needs to decide if she needs to get a restraining order against the other lady.
  9. Please mention what state this is in. It seems like you would have no idea of what the balance of the trust should be if it was being stolen from you. Did you ever receive an annual accounting of the expenses of the trust or what the balance of the trust account was? Approximately when (what year) did he put the money (from the home sale, life insurance, IRA and stocks) into the checking account? Approximately when (what year) did you discover that this had been done? Did your mother have a last will and testament that was submitted to the probate court and did you receive anything from the probate proceedings? If you have a copy of the A. J. Rodriguez Trust, look at the language of the trust to see if the trustee was required to purchase a trustee's bond or does the language say that the requirement for a trustee's bond is exempted? The trust is technically closed, but the actions of the trustee may be considered a breach of fiduciary duty if he has not provided you with an accounting statement (for every year that the trust has been in existence) to show how the money was spent.
  10. Ask for the refund yourself by sending the apartment management a letter (certified mail with return receipt where the recipient who receives it has to sign to prove it was received) in which you quote all of the text of the reply you got from the Office of the Tenant Advocate. The text is pretty clearcut that they owe you a refund. Did you leave the apartment in reasonably pristine condition and do you have photos as evidence? I'll bet you anything they will now come up with an itemized list of actual or "supposed" repairs that were needed to clean the apartment to make it ready for someone else. If they do not respond with a certain period of time, begin your small claims suit. Would you be able and willing to take the time off to go back to DC or would that not be viable and you would need an attorney to represent you then?
  11. Did you ever see the will? Her destroying the will is certainly wrong. Do you know any friends or relatives of your father who may have been asked to be witnesses to his will? If so, then ask around to see if anyone else knows about the will. You need to talk to a probate attorney about what happens next but you and the other children will be lucky if you get anything from this estate. Too bad that your father did not let anyone else see the will or know where it was.
  12. What effects does this have on your husband? What state is this in? Can you and your husband afford to move to a hotel/motel room for a day or 2 days each time the fumes get to be too much? Are other residents complaining about this matter?
  13. The beneficiary designation overrides the will, so you all can go to the bank today and get your money. The will has no effect on this bank account. Does he have other assets? Is the will going to be probated? Is your mother going to get anything from this estate?
  14. She most likely was referring to the trust tax return.
  15. It's very important to mention what state this occurred in, so that state law can be checked. When you asked for statements was that a verbal request or a written request? What type of statements do you want: bank account documents or accounting statements? This lawyer's failure to file taxes and provide statements borders on breach of fiduciary duty. You need to retain the services of a new special needs trust attorney so that you can then fire the other one, and let the new attorney give you guidelines on how to do that. And you can also consider filing a complaint against the former attorney with the state bar association, but whether they will penalize her is debatable.
  • Create New...