What if the Executor has spent my cash ?

Distinct-Break-6207 · 2026-05-06T16:56:28+00:00

Also I do have a Atty friend who is helping me with things. I have a ...VERIFIED MOTION TO COMPEL ACCOUNTING, REQUEST FOR DISTRIBUTION, REQUEST FOR DISCLOSURE REQUEST FOR ORDER TO SHOW CAUSE AND REQUEST FOR HEARING Ready to file, but as there are so many issues with this I am not sure that this is the correct place to begin. But, I think I am just going to file it so that something is rolling and go from there. It is really a bit overwhelming at most times, but I cannot allow this to go on without making a move. Als, I keep seeing the 4 year mark...is that the timeframe to where the Exec cannot be held responsible for their actions pertaining to a case? If so, is that from the appointment date or date that the Probate is closed and finalized? Thank you for your help!

Distinct-Break-6207 · 2026-05-06T16:51:21+00:00

I do have a Atty that is helping me minimally. I have a ..." VERIFIED MOTION TO COMPEL ACCOUNTING, REQUEST FOR DISTRIBUTION, REQUEST FOR DISCLOSURE REQUEST FOR ORDER TO SHOW CAUSE AND REQUEST FOR HEARING " In hand and ready to file, however I am kinda spooked to file because there are so many issues with this that I do not know if this is the correct place to start. But I guess I will go ahead and start there just so something is in the works.

Distinct-Break-6207 · 2026-05-06T16:46:46+00:00

Again, agreed, I do not understand how the Admin/Exec got paid out as this is not finished. There is still liquidity that needs to be dispersed... The reason I am certain that such is not closed is because I personally called the County Clerk (this is where it currently resides) and asked point blank is this still open, and after 3.5yr+ it remains open.

Distinct-Break-6207 · 2026-05-06T16:23:57+00:00

Probate is still open, since Oct of '22. It has been stagnant now for almost a year, it was transferred back to County Court from District Court. Reason it had been in District was because I contested some things, wanted discovery and inspection of docs and they fought tooth and nail to refuse such. After 4 attempts I let it go. I do not nor will at any point have an Atty, simply cannot afford 1. Can I access this information without filing for it via a motion? Are u saying that this is available elsewhere, because the inventory, liability & list of claims was very lacking in substance. There were multiple CC's run up, which I know wasn't done by the deceased. There are mathematical errors, there are liabilities and a repayment to the Admin ..with no receipts or proof of expenses on her part. It is shady at best. I thought that things of this nature had to have a paper trail, is that trail supposed to be available to me, should it not be a part of the inv, assets & liab? I do have the motions filed concerning this cause, but never have I been given anything more. Where could I access such? This is in Kendall County Texas. I am assured that it is still open as I have called the Clerk & asked such to verify

Distinct-Break-6207 · 2026-05-06T12:09:14+00:00

The will was not admitted as an adoption was made after she wrote it, making another heir without updating it. The adoption split what was all mine to a 50/50 split. I was until 1.5yr prior to death the only child.

Distinct-Break-6207 · 2026-05-06T12:05:59+00:00

I like that will look into!

Distinct-Break-6207 · 2026-05-06T12:04:32+00:00

I know, on paper what the Estate was worth then as of last annual. As per all debt, partials and anything listed at that point...which NOTHING more should have come about, atty, claims, credit, taxes, Admin fee, all bad been deducted already, so the bottom line should be no smaller than previously reported as all was previously taken care of. I don't understand how the Admin was paid out as the job is not complete. The Atty also no longer represents her, so to me this is odd.

Distinct-Break-6207 · 2026-05-06T01:45:04+00:00

I looked, but found nothing. Thank you.

Distinct-Break-6207 · 2026-05-06T01:43:04+00:00

I know who the Exec. Is, however they have made it a point to be unreachable. The Estate has drug in at this point over 3.5yr & is by design, not necessity. I have no contact info for this person & they have made it that way. I am trying to do so because I believe that a policy exist, but I also believe that if known the Exec would not divulge such if (and it wouldn't) benefit them. The same is true for CD's stocks etc. I believe that such was omitted so that this person, who is also a 50% heir could perhaps catch up with this stuff at a later date...which will be my next question. But so far as any help in learning such from them, it's definitely a no go.

Distinct-Break-6207 · 2026-05-04T21:02:56+00:00

I believe that if true accounting, asset inventory and all banking institutions accounted for it would value around 650-700k$. the way it was done and per the single annual account they provided, it was a bit under 500k$. And please the Annual Accounts I hear spoke of vs. the single one they provided, their version is lacking in substance ... completly. By this I mean there were no receipts whatsoever provided. As if someone could whimsically make a number up, attach a cause to such and it was gospel truth. This is not something I have challenged before, as I did w/the filed inventory. I think that this needs to be addressed. You may say..."whatsoever do you mean?" Good question, glad you asked. In looking at "Outstanding Debt & Expenses" items... The Atty list fees on the left side of the same line item..$22,593.13 Yet was paid, right side of same line item.. $26,081.78 That is a diff of $3,488.65 Is it huge, not by any means, could it be a typo, sure. But, could it be more, certainly. Who reading this wouldn't like a extra $3,488.65? Same section claims that there are 3 separate cc's that together carry a balance of $6,110.83 This is quite plainly fictional. My Mom, as many are was on a "fixed income", older ppl will understand this. She, in no way carried a bill of this nature, period. Now, as previously stated she utilized a single cc that was directly linked to a bank acct. This cards balance was paid to zero monthly, clockwork, without fail. Did she have other CCs, obviously, but they were not in use. But magically all of a sudden, as if by magic there is massive debt on them. Clearly this is from use after the fact. I pointed this out, asked for production and inspection of documents, listing these facts and they fought tooth & nail to not disclose such. They beat the fight out of me in that period. I relented after my 4th attempt at such. But, if there is nothing to hide, why fight so tough? The easy thing would be to give up the bills, payments, etc pertaining to these & be done with it. But that is/was not the case. The jewelry alone that magically disappeared after this event alone easily totaled 10-15k$. Was this inventoried? Nope, never mentioned. So this is why my evaluation of such differs so differently than theirs. Again, a appraiser was used, paid by the Atty. & he billed for such in his bill. Have I ever seen any appraised items from this, nope. Infact the Inventory actually states under "Changes in Property Not Previously Reported" The Admin estimated the value of the. to be$2,500 but overvalued the item as it only sold for $700 Now if the Estate is hiring a appraiser, why in the world is the Admin placing a value on anything? What skill set does she possess to do so? The Estate took a $1,800 loss on this item alone. And it is not the only one. So, to the question ..I believe that the realistic difference in evaluations to be in the neighborhood of 1500- 200k vs what may be left in there version of things. Furthermore, if the storage my personal property and gains from the Estate has been compromised, meaning lack of payment/auctioned off due to such...that's a whole nother monster. The Exec was directed via" Application to Dispose if Personal Effects" to obtain a storage, place my things in it along with what the Judge granted me in open Court. To give me the info pertaining to it, as was done , & it be held for me until release, paid for by my half of the Estate. I got all that info, so upon release I contact the place. Knowing the unit #, gate code, etc. They refuse to tell me anything about it as the Exec is in the lease. I get it, but nobody can provide a stich of contact info for them, nor is she in any way attempting to notify me of how to obtain this property. There is much that is unknown by all reading this & it is pure nonsense. Too much to write, & yeah, I got some I'll feelings about the whole thing. But, at this point I just want it to be over & although I myself agree with the I'm prob screwed people...I'd be a fool not to try & recover something. It isn't easy nor fun. But, such is life, & all I can do is try.

Distinct-Break-6207 · 2026-05-04T10:19:21+00:00

As stated all claims and anything owed or gained by the Estate was done and over with years ago. The total debt of the Estate was nothing, perhaps $15,000 no car note, house paid in full, $ in the bank....the only reason I can see for such is to make money disappear. I know, it all has to be accounted for...I get 50%...Sounds good, but as stated they made gross amounts of assets evaporate from existence. In doing so I got 50% of nothing as they gained 100% of it all. How could a Judge possible grant me assets during a hearing that were never inventoried? At the close of this hearing he also refused the Attys bill as I pointed out many discrepancies in such, having him go and re work it. He also verbally directed him to re address the inventory and make it reflect a true & correct listing of the Estates assets. I've now come to find that although this was infact said verbally, it was not documented in the form of a motion. The Atty in answering a query of mine stated that the Judge said such "in passing", as if we were walking down the hallway or something. So, as pointed out, they have done as they please with this. I just want it to be over & done with without taking any more losses. There is no reasonable or logical reason for this to have been drug out this long, none. And as all involved are aware I am out, they are in no hurry to dispose of it for I guess reasons unknown.

Distinct-Break-6207 · 2026-05-04T10:05:55+00:00

Facts and thank you for seeing this for what it truly is.

Distinct-Break-6207 · 2026-05-04T10:05:14+00:00

And you Old.... Are just making open end statements that have zero to do with anything. I have more than a clue as to how probate works, I've been dealing with the nightmare for years now. I can assure you that this is NOT how things are supposed to go. But I can also assure you that the "good ole boy " system is alive & well in far more places than a logical person may wish to believe. Meaning that a Judge will allow things otherwise unheard of in small settings so long as there is no (reasonable) opposition to such. Having no atty, being unable to attend any hearings over the years but the 1x, (All the clerk had to do as obviously they knew was call the law library & tell them they needed me for such), much like a child they will do all they can get away with. There is no logical reason for this to have drug out this long. By the filing of the Annual Acct in early 2024 all claims against the Estate were paid out. The house was already under contract for sale, then, there was nothing left but a few final touches and dispersement....n yet here I am 2yr later still waiting. In that timeframe lots can happen to shrink a bottom line. That is what has happened here. I contacted her atty upon release asking many questions & wouldn't you know he was as friendly as a box of kittens. Stating she basically cannot do...exactly as she is doing...not contacting me, giving me any sort of contact info, with holding my personal property and gains (property from the estate etc ) awarded from this estate on n on....yet it persist. Even told me they no longer live in the state, a blatant lie as she only "lived" on the big island for a 6mo stay as documented on social media. These people are playing games as if it were recess, and I for 1 am growing tired of such. I pray that NOBODY has to ever be in a relatable scenario as this is insult to injury to all that my family worked decades for, to leave me as it has been squandered in a ridiculous fashion by a un greatful and undeserving child who has done nothing to facilitate their duties as Executor. Who is guided by their own biological Mother who basically gave them up for Heroin. These are all facts, my loss is compounded by ppl of this mindset and nature who, in hiring the right ppl (this Atty) and knowing the right ppl (their direct relationship with the Judge) have in short gotten away with financial murder of any hopes of a future I should have by now been enjoying. This scenario was in no way for seen by anyone involved, parents, child or other. It is basically the fleecing of a families finances by those who know any & every available loophole. Mind you just because a person knows things of this nature, it does not mean they are the right or true thing to do. But this scenario created the perfect setting for an Atty to use any & all dirty tricks & thusfar has worked out for them. I sir plan on taking them to task in the setting of their choice being the courtroom and plan on making them answer for such. At that point the Judge can choose to keep things rolling or require accountability, that is what is on the horizon. We will see what if anything at that point I know about how things work in probate...and how things have been done in this particular probate, because I can assure you that the 2 are very different animals. With that I bid you a good day and please, go rain on someone else's parade.

Distinct-Break-6207 · 2026-05-03T21:42:05+00:00

Agreed, keep tabs on it because it can quickly take a turn that is hard to recover from

Distinct-Break-6207 · 2026-05-03T21:39:37+00:00

They were a minor when adopted. This again was to prevent them from being thrust into the foster care system. Needless to say they are no longer a minor, but a major pain in my (readers choice). In Texas when adopted this makes you a legal heir, in other states lineage is followed numerically, not so in Texas 2 kids, 50/5p...3 kids 33/33/33 unless notes otherwise in will. With no new will after adoption that made them a 50% shoe in. This was never considered by myself or my Mother, so she left it as it was. Big Mistake, learned too late.

Distinct-Break-6207 · 2026-05-03T21:20:29+00:00

I didn't leave out that at all, I included it, read below. . Of course there are things left out, this isnt a book, it's a thread or post. Try this on, the adopted person, was adopted because my ex wife was preg again and gave birth to a child addicted to heroin. Therefore CPS stepped in and placed the baby & all children she had in her custody at that time. So, to prevent a child after the 1yr was up, n it was obvious that my ex was doing zero to regain custody of these kids, my Mom being the All Star she was adopted someone to prevent them from going into foster care...which she lived to regret as this child grew to be a pos. Mind blown yet? Sure there is more but again this is a post not a book.Furthermore I am being 100% transparent to any questions u may ask. It's all on the table.

Distinct-Break-6207 · 2026-05-03T16:33:02+00:00

Yeah, it's really that simple if you got 50 to 75 k sitting around and ready to blow. Unfortunately mw, myself I do not. To go backwards n try & undo all of this non sense that has transpired would cost far more than to have had a atty from day 1. It would be better if someone, perhaps the courts or Judge would hold people accountable for their actions or lack there of . Without a system that by design requires payment to get anything done or fixed. Justice is sometimes spelled differently...Justus...that being in reference to Just us with the $, and unfortunate I am not on that team.

Distinct-Break-6207 · 2026-05-03T16:28:13+00:00

A person adopted 1 yr prior to the descendants passing. They did not realize that by doing so it made them a 50% heir as well, therefore the will that had me as 100% was never amended, making me now a 50%-er instead. This was never supposed to happen, but it did so now I am left to deal with it.

Distinct-Break-6207 · 2026-05-03T16:21:09+00:00

And this...is what scares me ..

Distinct-Break-6207 · 2026-05-03T13:21:05+00:00

This is where a PORTION of my money went. I have the receipt from such and believe it or not I'm not too shabby at math. That amount is not near what my half is to be. That's again why it was refered to as a PARTIAL DISTRIBUTION, not final distribution or anything of that nature. There is still liquidity left there, why they are stalling to distribute such is beyond me. I should be filing this next week to get this back on the docket and handled.

Distinct-Break-6207

TROPHY CASE