creditor to the estate

[rlucibello]

What is the name of your state? I live in Massachusetts, however the estate to which I am referring to is in Connecticut.

My parents were divorced in 1985 and as part of the divorce decree there was a 60/40% spilt to pay for my college education. When the time came for my father to pay, he refused and subsequently we sued for breach. The judge ordered him to pay and in addition, to use monies in an account to supplement the educational funding. My father was supposed to give the court a yearly accounting of the funds and upon my 25th birthday, whatever funds were left, he was to pay directly to me. The accounting was never done and my mother did not want to take him to court for contempt.

My father however died on 12/1/04. His will left me with one dollar (we were estranged, though I did see him before he died). I have no idea what those accounts had in them and if he wrongfully liquidated them, etc. I have spoken to the attorney that is handling his estate and he said for me to gather all documents and then he would go through the paperwork to see.

My question is how do I go about doing this? And, my concern is that there will be no way of knowing, if the accounts were liquidated, a "number" for me to settle with the estate. In addition, if I do have a claim how do I file one and can I do it on my own and what, if any is there a limit of time to do so.

Ironically, I graduated from law school recently (have not taken the bar yet) but I am not too familiar with this area of the law. Moreover, I am not familiar with Connecticut estate law as I am a resident of Massachusetts and attended law school in Massachusetts.

Thank you in advance for any and all assistance you can provide to me. Thanks again. R Lucibello

 

[Dandy Don]

So how old are you now? Was there an exact amount ordered or how much do you think you are due?

I think you may be a bit naive to even think that the accounts were even set up or that this money even exists. If the accounting was never done it is not likely he cared enough to do anything about this. Too bad your mother didn't want to take him to court over this--this is exactly what she should have done to protect your interests and force him to rightfully meet his obligation and pay up.

Do you have any idea as to the size of his estate now? Your mother, not you, should be the one filing a claim with the estate to pay this amount which is a valid debt and she should consult with a probate attorney to find out how to do it. You probably have a good chance of getting this money if there is enough left in the estate to pay it.

I hope you didn't let it slip by mentioning to the attorney that you have already graduated from law school!! If you did, then this attorney might be able to argue that you don't even need the money for college/educational purposes. Best if you keep that issue confidential, unless you are smart enough to use that money for graduate school if you get it. Or maybe you have student loans to pay off and that is why you might want the money.

That attorney is NOT working on your behalf--his obligation is to represent the estate and your father, so he is not going to be inclined to tell you anything about any such accounts, so stop communicating with him except through your own attorney (or your mother's attorney) if need be.

If the attorney who handled your mother's divorce is still around, maybe that attorney can help her take care of this--if not, then get another probate or divorce attorney to do it!

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[seniorjudge]

Counselor Lucibello, I hope I can help.

Q: I have spoken to the attorney that is handling his estate and he said for me to gather all documents and then he would go through the paperwork to see.
A: Stop talking to him. He doesn't want to pay you anything! If you must contact him, do it in writing only and keep copies of everything.

Q: My question is how do I go about doing this?
A: You may have to go back to the original case file where the divorce was. It's in the archives and may be hard to find.

Q: And, my concern is that there will be no way of knowing, if the accounts were liquidated, a "number" for me to settle with the estate.
A: Liquidated means a true amount; I'm not sure if you are using it in the same sense of that, though. If there was a liquidated amount found that he owed, then that means he owed $x.

Q: In addition, if I do have a claim how do I file one and can I do it on my own and what, if any is there a limit of time to do so.
A: There is a very short time to file claims; you best get on it. I don't know the Connecticut limit. In some states, it's as short as six months.

You will have to reconstruct this from the ground up.

 

[rlucibello]

Thank you, Senior Judge...This case is so different from the traditional trusts and estates hypos in law school...your advice is appreciated!
I received all the documents from my mother yesterday in the mail. I went through them all and found everything from the divorce decree itself to the orders involving these accounts and the judge's order for him to provide accounting.
This is my question, however. I had a feeling like you said that I am going to need to work from the ground up. So now that I have these documents I was planning on putting them together chronologically to represent the story behind my claim. However, do I put together a memorandum with marked Exhibits? and There really is no case law to reference...it seems an awkward process for me. Additionally, in the first formal correspondence with the attorney, shall I just request an accounting or do I come out and just put down a settlement number? (I have found the account numbers and amounts with the last known accounting in 1998)...THANKS!!!

 

[seniorjudge]

Q: However, do I put together a memorandum with marked Exhibits?
A: Yes, that would be helpful; do it in chronological order.

Q: Additionally, in the first formal correspondence with the attorney, shall I just request an accounting or do I come out and just put down a settlement number?
A: I have never done any work like this from that side of the bench. I would send a demand letter stating at least three times what you want. You can always go down but you cannot go up.

There may be trial lawyers on here who will tell you I am full of pig gristle; stay tuned.

I am a big believer in plain language.

If I were writing that letter to that lawyer, I would say:

"I want $X and here are the reasons why."

Then explain them clearly.

Post back with questions.

 

[seniorjudge]

Thank you, Senior Judge...This case is so different from the traditional trusts and estates hypos in law school...your advice is appreciated!

About the only thing law school does for you is make you sarcastic and teach you how to look up stuff.

And you are correct, the cases you learned in law school have nothing to do with real life!

 

[Dandy Don]

Please get your mother to make this claim on your behalf so that there is a better chance of it being approved (although I commend your intelligence in getting all of the documentation together). I fear that if the other side knows you have already graduated from law school if they find it out, the claim is going to be denied based on the fact that you don't need the money for college, whereas if your mother makes the claim as a valid debt that she is due from her divorce decree (you don't say whether this is considered part of back child support or not), she is more likely to win.

Another reason that your father's attorney is going to strenuously object to this claim is that you were specifically disinherited, but he doesn't know that this claim falls outside of that clause and thus your mother is in a stronger position to get it approved.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com

 

[seniorjudge]

I fear that if the other side knows you have already graduated from law school if they find it out, the claim is going to be denied based on the fact that you don't need the money for college

DD, are you familiar with discovery?

 

[Dandy Don]

Please explain exactly how that comes into play here.

 

[seniorjudge]

I fear that if the other side knows you have already graduated from law school if they find it out, the claim is going to be denied based on the fact that you don't need the money for college

DD, are you familiar with discovery?

If the claim is contested, these facts will come out in discovery.

 

[Alias_joe]

One thing puzzles me- You stated you got $1 and no more-
is that in accordance with state law?

Was there a trust?

What passed outside probate?

Push (as suggested above)

lot's of crooks out there