Family

[Lucid_Lunatic]

Alot of you guys know about my mom passing away and the problems I was having with her will. I deleted the posts just because I figured I didn't need them up if I started a legal battle. I've found out everything I can about the problem and if the mods want to ressurect my deleted threads now, that is fine with me.

Here's what has happened for those of you who don't know. My grandpa left me a few different pieces of property when he died. The deeds were in my name and my name only. The agreement I had with my mother is that she could use the land, live in the house, etc. and just pay the land taxes on it. The tax appraisals on the 3 different pieces of land was a bit over $500,000. In real money we are talking closer to $1 million.

I recieved a letter from a lawyer on the 4th of Feb. with a copy of her will and saying he was handling the estate. She had died last November 24th. In the will my mother left all money and property to a woman I have never heard of. She left $100,000 to the ASPCA for homeless dogs and left me $10.00. That's cool, there wasn't much love between my mother and I anyways. She can leave her money where ever she wants to. I always knew she thought less of me than a dog anyways. The problem I did have is that she was trying to leave MY property to someone else.

I have gotten copies of the deeds on the property that are filed now and between 2002 and 2003, my name was forged on deeds selling it all back to my mother. I figured, this should be easy enough to prove since anyone with a half a brain could see it wasn't my signature, and on top that, none of the deeds were notarized when signed. I have spent the last couple of weeks talking to lawyers and investigators. All telling me that the statue of limitations on fraud are 3 years and I can't do anything. I just don't beleive it, but that's what they keep telling me. They say I can hire private investigators and attorneys and try to make it a civil matter, but other than that, not much I can do.

[Carl762]

The attorneys and investigators you talked with are useless. I believe the correct statute of limitations is 3 years AFTER you have discovered a wrong. You just discovered this.

Yes, it's a civil matter. No, don't let this go without a good fight. Again, the officials you talked with are useless and could care less.

[Lucid_Lunatic]

Now, lets rewind a little bit. My moms sister is named Kathy. I have talked to Kathy for the last 20 years at least 2 or 3 times per month. She and my mom didn't get along either. She has told me all these years that she never hears from my mom and that they hadn't spoke since my grandpa died in 1987. Since last November, I haven't been able toget in contact with my aunt. After I got the will, I had been trying and trying to call her to let her know that mom was dead.

I found out through probate offices and calling people listed on the will that my aunt Kathy was there when my mom died. She had went to a Daughters of the Confederacy meeting on November 18th and had an anuerism and fell over unconscious. They flew her back to Hot Springs hospital and she lived til the 24th. My aunt was there the whole time. She paid to have my mom brought back to Alabama to be burried and never bothered to tell me.

I found out through different sources that the mystery woman in the will is acting on behalf for Kathy and the plan is to turn all the money and property over to her after it has went through probate. I called the lawyer handling the estate today, since in reality he is working for me since I am named in the will. His secretary told me he had been informed by the family not to speak to me. I told her I would just come out there to file my claims. I was told if I show up at the lawyers office I will be arrested for criminal trespassing. In other words, they are trying to screw me really hard. I have been told that to make a claim, I will have to go through his office. I don't know alot about legalities, but I would think that what this lawyer is doing is illegal. Maybe not.

I have thought about it long and hard. I have checked on all the property and it can not be probated to someone else until the will has been probated and finalized. I can't believe my aunt would do something like this to me, but hey it happens. The reality of the situation is, I can throw money at it, but in the end, I still won't get anything because of the statute of limitations.

I've been screwed by my own family and now it's my turn. I have some lawyer buddies here in Alabama, and while they can't practice in Arkansas because they are not liscensed there, I can legally represent myself with them telling me what to say and do. All I have to do is contest it, and the probate has to keep postponing the hearing while my legal representation does thier "investigative" work. Apparently, I can drag it out for the next few years, costing them money the whole time.

If I can't have what's mine, no one will. The property taxes were not paid last December and since I'm the only son, until the will is finalized, I am in control of the property. No one can pay the taxes on it except for me. I got off the phone a littlewhile ago with the assessors offices and all property is scheduled to be sold at public auction on May 4th for unpaid taxes. Guess who's not going to pay them?

I told this sham of a lawyers secretary exactly what I was doing and that I was contesting the will, not so much to try and get something but to drag it out until ALL the property is lost to the state for unpaid land taxes. My lawyers are drawing up the letters and they will be sent registered mail tomorrow.

[ratherdashing]

Wow. I'm speechless. That's an incredible story.

Hope everyone gets what they deserve here. It's really crappy that you have to resort to this, but I can't say I blame you.

[Lucid_Lunatic]

I can't express in words how I feel right now that my own blood kin would do this to me. I'm mad, sad, hurt and completely tore up. My mom hated me, but I still loved her. I talked to the funeral home in Ark. that handled everything to have her brought back here. They told me Kathy paid for everything and had made all arrangements. They also told me that they were informed by Kathy that my mother didn't have any children and she was the only living relative.

I talked to my lawyer and he said I will have no problem getting a judge to sign an order saying I can have my mom burried where ever I want, and I can sue Kathy for the costs since it's on record with the funeral home that she lied about my existence. Guess who's about to get sued for the cost of having my mothers body moved back home?

Right now, I am full of hate and spite towards her. How can she sleep at night knowing she has lied to me, hid my mother death from me and screwed me out of everything I pretty much had?

Right now, the only plan is to keep them involved in legal battles until I drain anything they have. I want to see them loose thier house, thier cars, everything. I want to see them homeless. And I know as greedy as she is, she will pay the legal fees to try and take what was mine because she thinks she can. In the end though, the only people who will benefit is going to be the lawyers and the state when they sell all the property. I won't have to spend much of anything on lawyers, because as I stated earlier, I have friends who will tell me what to say and do while I represent myself.

[JOLLY]

Wow. I'm speechless. That's an incredible story.

I hear ya man. That's freakin crazy.

[Zerberus]

Puh, I don´t know what to say other than that I would probably go ballistic and destroy everything in my path until I was either shot in self defense or had my 500k worth of property that I never legally signed away returned to me.... And when I´m done I would probably dig up graves and do things that would make the devil himself vomit. When I get on that kind of train, there is no stopping me...

Now, on a hopefully more helpful note:

If the deeds were not notarized, then they were never legal in the first place and any transaction that occured with them should theoretically be null and void... After all, the property was never legally hers to start with.

Also, IIRC the statute of limitations says 3 years AFTER DISCOVERY of the fact. Not 3 years after it happens. And situations like this are the exact reason for that.

But if nothing else, sue the heir into the ground until you get your land back if that´s at all possible.

I mean, we´re not talking about 50 bucks here, or even a 10k vintage guitar that was stolen... we´re talking about half a million plus in value, that amount can easily make or break someone´s existence, and I would not in any way stand for letting it break mine.


*edit after reading the posts that popped up in the meantime*

Ah, a sister in the story trying to grab everything for herself, that sounds familiar.... Give `em hell, Josh. Like you say, it´s either yours like it legally was the whole time, or it nobody´s

And when you´re done with losing the land, sue the illegal heir for the incurred damages. After all, it´s not your fault that the property´s ownership was being contested unrightfully, and they have the money to pay for the screwup. Take it out of mom´s pocket and thereby automatically theirs.

The lawyers threatening to lock you away for filing a claim is flat out illegal and can have every lawyer in the firm disbarred. Definitely look into that, and pull out the big guns...

[Luís]

We're talking land, Zerb. God knows there's none being made for anyone else.

Fight they while you can, Lucy.

Get some tv and radio in on this. People with blogs, write about this, people in social sites, get this in their front page (I'll digg every submission).

[Lucid_Lunatic]

Now, on a hopefully more helpful note:

If the deeds were not notarized, then they were never legal in the first place and any transaction that occured with them should theoretically be null and void... After all, the property was never legally hers to start with.

Also, IIRC the statute of limitations says 3 years AFTER DISCOVERY of the fact. Not 3 years after it happens. And situations like this are the exact reason for that.

But if nothing else, sue the heir into the ground until you get your land back if that´s at all possible.

I mean, we´re not talking about 50 bucks here, or even a 10k vintage guitar that was stolen... we´re talking about half a million plus in value, that amount can easily make or break someone´s existence, and I would not in any way stand for letting it break mine.

*edit* Ah, a sister in the story trying to grab everything for herself, that sounds familiar.... Give `em hell, Josh. Like you say, it´s either yours like it legally was the whole time, or it nobody´s

The lawyers here in Alabama say that stautes of limitations are from discovery. I have talked to city investigators, the chief of police in Hot Springs, the D.A.'s office for Garland Co, and finally the Attorney Generals office and they all keep telling me on a criminal fraud matter that it's 3 years from the date filed, not the date of discovery. That's just insane to me, but that's what they keep telling me no matter how high up I try to go with it.

I can try to sue the estate in a civil matter, but by law, the probate judge can only look at the recorded deeds now. He can't take into consideratiopn my original deeds because there is no crime that can be reported. It freakin' crazy.

My dad has offered to morgage his place to help me if I want to try and sue them, but it's like even my attorneys told me, you can sue and sue and sue, but in the end, you'll just be throwing money away. I can't put my dad into debt like that, especially over something I have very little chance of winning. What I can do, is use my time and hate to f#ck with my aunt as hard as I can and just cost her money. At least in the end, she won't get anything either.

[elscorcho]

Wow, what a nightmare!

I know "easier-said-than-done" but if anyone can tough-out a situation as f-ed up as this, you can.... Keep up the fight!

[Zerberus]

I'm amazed at the way that law is structured.

It almost sounds as if there's no protection from crooked family members who steal something that was left in trust with them.

Too bad the paperwork wasn't filed from another location that has different laws that may apply.

If I´m reading it all properly, in `Bama he wouild have a case.... Something tells me (especially as twisted and deep as this rabbit hole has apparently gotten) that AK was possibly chosen for specifically this reason...

[bluesbend]

That's f*cking amazing.
There has to be some way for you to get justice in this. Keep your chim up man. I'll send all the poitive mojo I can.

[Carl762]

Also, IIRC the statute of limitations says 3 years AFTER DISCOVERY of the fact. Not 3 years after it happens. And situations like this are the exact reason for that

Precisely the point I attempted to make. I'll offer not one more bit, or hint of advise. I'm just a guy who works in the crappy system. The lawyers LL talked to are full of crap, lazy and have other motives.

Good Luck there LL. Real crappy situation, indeed.

[Redmist]

That law is nuts!

I can't encourage you to follow your plan of spite, man, even though it may seem to be all you can do now. Continued hate is not going to help you at all, dude - Life's too short.
There has to be something else possible here.

[Lucid_Lunatic]

Precisely the point I attempted to make. I'll offer not one more bit, or hint of advise. I'm just a guy who works in the crappy system. The lawyers LL talked to are full of crap, lazy and have other motives.

Good Luck there LL. Real crappy situation, indeed.

I think you misunderstoofd me. It's not the lawyers who are telling me that the statute of limitations in Ark. are 3 years from filed date. It's the police investigators, D.A.'s office and the AG's office.

Too bad he couldn't get the Alabama laws to apply since that's where the property is,(I think...right?) or since he made the agreement with his mom in Alabama.

Either way it's a crappy situation.

Part of the property is here, part in Arkansas. Everything is probated in Arkansas, so I can't have any of it heard here. If I could, I would have a SOLID case.

[Carl762]

Yup, I understand who you're talking with and what they're saying. This is a civil matter.

God, I feel so bad for you, getting screwed as such by family. Christ!!!!

You just have to get something out of this. I'm surprised the non-notarized thing didn't bring more raised eyebrows. I'm very surprised the Auditor/Recording office in that county or counties where the property deeds are recorded didn't reject these filings. They are very very strick here in Oregon and Washington.

The very laws were written to protect people in situations such as yours. The people you talked with are not your friend. They work for the system, not you. I bet you, if you cut your hair, down to businessman typical look, wore a shirt and tie, shiny shoes, and then presented yourself to the same folks you talked with, you would get a 100% different outcome. Just saying, not suggesting...

Do what you gots to do, LL. Give em hell, as you're a good man.

[Lucid_Lunatic]

Even the will itself reads like a drug induced pile of B.S. My mom was always claiming people were stealing from her and such. It's a long long story. Anyways, here's a word by word copy of her will I was sent. I have talked to the man mentioned in it and he told me he lived across the road from my mom. He told me he really never knew her other than when she would call the police on him for things she had dreamed up.

I Melanie Jacobs Housley of sound mind, in the event of my death wish Melanie Austin to be the only heir to my house, 4 acres in Cullman, 2 city blocks in Hot Springs, my car and all money in the bank. A donation of $100,000.00 (One Hundred Thousand Dollars) is to be made to the ASPCA for homeless and abused dogs and to my son James Joshua Moon the amount of $10.00 (Ten Dollars).

I wish for them to ban James J. Moon and Alan Brown from any claims on property, money or auto. Melanie Austin has the authority to ban these people from my property as Alan Brown stole a set of car keys from me and also a gun and jewelry. Any verbal or written claims from James J. Moon or Alan Brown are null and void.

I would like my dog Prissy to go to Bill and Jan Drews and my mink coat, large diamond rings and Rolex diamond watches to go to Gaylia Gilbert."

What a bunch of B.S.

[Luís]

Trust me, start moving. I won't get into details as it would take me some 18 years of them but I've seen an entire system turned against a family in your situation except the family was getting screwed and one member was pushing the strings behind everybody who could make anything happen.