Saturday, June 29, 2019

Former Fiduciary Extortion

     When Ann D. died, she named me as Executor of her modest estate. Her attorney assigned me Fiduciary status. I came across this information when I was looking for something else.  As a fiduciary, I not only had to do all the legwork in distributing her estate, but had to keep a detailed account of each and every expenditure. This despite the fact that I had declined to  receive  payment as executor, but opted to keep this money in the distribution pool.
      The signed agreement with the law firm stipulated they were to be paid a percentage of the total estate, about $6,000, though really they did very little: I worked my fiduciary legs off, going back and forth to Ann's banks and such.
      Anyway, everything worked out and the account for the estate was closed, or so it would seem. At the time, I had left a portion of the funds bequeathed to me in Ann's account, which was now in my name since I had been appointed executor,  and I had  distributed to the other heirs, paid any and all bills and  claims against her property, including payment to the attorneys.
  Almost a year went by when I received a bill from the attorneys, amounting to just over $1,000. They claimed that their agreement was for them to be compensated on an hourly basis, and this extra billing was for their time since the estate was settled. I reminded them that the agreement was for a percentage, not an hourly basis, and everything had been closed months ago. Their response was that they would see me in Court, before Judge Ceresia (probably the father of the present judge so named.)
      Since I had (and still have) all the paperwork, I made copies and sent them along with a letter stating my case to Judge Ceresia.*** I know the case was dismissed.  I think Ceresia's office called me and told me so because I have no copy of his decision.  I did not have to pay, I did not have to go to Court, and I learned not to place your trust in law firms, even when they are apparently working for you and especially when the lead attorney's first name is Holden.
    The takeaway lesson resulted in my strong resistance to the VA's proposal of my being named permanent fiduciary for financial accounting. It took some doing, over several months, and additional input from a very helpful doctor, but we eventually prevailed in having the acting fiduciary status rescinded. The fewer the better, as far as attorneys, agencies and money-grubbers are concerned.
   Lesson Learned:  Trust no one. Save everything.
***Thinking about this. I remember what happened. I'd called the Courthouse, spoke to the person in charge, Attorney Brown, I think. He said to send all my supporting material sto him, since I  was disputing the bill, and wanted to be prepared for Court. I did so, but the packet got lost. I remember checking at the post office and the clerk remembered my sending the packet. It had left the Valley Falls office enroute to Troy. But it somehow got lost. So I re-copied all the pages and this time brought them to the court house in person and delivered them to the receiving party. Some time after that I was called and essentially told I could forget the matter.

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