BlondGirl
Aim for the Bullseye ; )
- Joined
- Dec 27, 2000
- Posts
- 2,092
My sister was friends with a man who died 2 years ago. During their friendship, there was no contact between him and his children. (It was perhaps a friendship that lasted 3 or 4 years. My sister is a nurse and she is who he turned to when in need.) She took care of him as he grew more and more ill, traveling back and forth between Austin, dealing with medical issues, helping him with his therapy after a stroke, sitting his cat, buying him his beloved cigarettes and favorite dinners. He left everything to her in a handwritten will--his home, his motorcycle, etc. He had her name on a bank account receiving money off a CD to help offset costs.
At his death, that will disappeared, of course. Gifts he had given her that his adult children found out about were demaned back so them to sell. (He was a classical guitar player and an amateur astronomer--She plays guitar and has interrests in astronomy and it was only natural that he gave her his guitars and some other such items. This was done long before his death and was after his stroke--he could no longer play. They enjoyed concerts together and such. I witnessed no interraction on my sister's part that was not in his best interrest. There was no funeral--his children had him cremated and out of courtesy for the community he lived in, agreed to a "memorial service" where my self, my sister, my son, (We knew the man too--had spent lots of time with him as a natural result of their relationship), a close friend of his and his children attended. It maybe was an effort of 10 minutes and his son at one point dug out a long piece of bone to inspect out of the box before the scatterring. It was very disturbing.
My sister, in the interrest of peace, gave in on most of their requests. But, of course, there were still some bills that were coming in and such for him and his needs--things his very distant children didn't know about or seem to care about. My sister recieved bank statements saying that his CD was still depositing money in the bank and she paid for such things and probably gas money or whatever. Not much--she told me at the time that the money was there and asked about what she should do with it. It seems to me that having someone's name on your bank account with yours is a VERY CLEAR and DISTINCT sign of who should be in charge of that in the event of one's death or incapacitation.
She recieved this e-mail this morning Please give your input and thoughts for me to pass on to her. Thanks.
~~~~~~~~
Greetings, This is from -----. I'm guessing that you remember me.....--------'s son.
I wish this was going to be a friendly message, however,...we have recently received the final documents from the courts in Texas granting us the power to close all accounts in his name. There seems to be a discrepancy in what the acct. balances were upon his death and what the balances were when we went to close them. When we asked the bank to check on this.....it seems as though you have helped yourself to some of the interest earned on the CD acct.
Now, as a reminder, that was the account we accompanied you to close at the bank in Texas.
After speaking to a lawyer friend of mine, he seems pretty well convinced that you have broken quite a few laws by taking that money.
The fact that you closed the account in person released you at that point from any legal claim to the monies in that account. The bank simply reopened the account in the interim of waiting for execution of the estate as a place for the interest to be accrued.
So.....simply put.....you knew that the money was not yours. It seems as though you waited for a while....then thinking we knew nothing of the account because of the continuing build-up of funds in an account that was "closed" you decided to help yourself to a little over $400. Also, the fact that you used an ATM card to take the money may also possibly constitute Federal Wire Fraud Charges.
Now, in order to simplify this whole matter, you can simply pay back the money you took from the account to us or I will personally see to it that I employ every bit of legal gratification I can possibly muster against you. As you should well know, we have the bank statements, and the court papers granting us ALL the monies and interest earned since his death.
Had it not been for the little trick with the guitar I would probably not be nearly as upset with this bit of deceit. It's not the money....it's the principal of what you did....you were trusted and you abused that trust.
You can choose to close this matter by sending a cashiers check or money order in the amount of $400.00. (we will forgive the rest) A personal check is not acceptable.....the trust issue, you understand.
As we would like to finally end this matter,......and to avoid the legal mess this will no doubt create; you quick response to this is requested. If I have no response by the end of this week, which would be 2/2/02...in either the form of the money or at least an e-mail,....then you will force me to proceed with legal filings. If you need a short period of time to raise the money......let me know......perhaps we can come to an agreement.
I am sorry it has to be this way....but it was your choice.
sincerely,
At his death, that will disappeared, of course. Gifts he had given her that his adult children found out about were demaned back so them to sell. (He was a classical guitar player and an amateur astronomer--She plays guitar and has interrests in astronomy and it was only natural that he gave her his guitars and some other such items. This was done long before his death and was after his stroke--he could no longer play. They enjoyed concerts together and such. I witnessed no interraction on my sister's part that was not in his best interrest. There was no funeral--his children had him cremated and out of courtesy for the community he lived in, agreed to a "memorial service" where my self, my sister, my son, (We knew the man too--had spent lots of time with him as a natural result of their relationship), a close friend of his and his children attended. It maybe was an effort of 10 minutes and his son at one point dug out a long piece of bone to inspect out of the box before the scatterring. It was very disturbing.
My sister, in the interrest of peace, gave in on most of their requests. But, of course, there were still some bills that were coming in and such for him and his needs--things his very distant children didn't know about or seem to care about. My sister recieved bank statements saying that his CD was still depositing money in the bank and she paid for such things and probably gas money or whatever. Not much--she told me at the time that the money was there and asked about what she should do with it. It seems to me that having someone's name on your bank account with yours is a VERY CLEAR and DISTINCT sign of who should be in charge of that in the event of one's death or incapacitation.
She recieved this e-mail this morning Please give your input and thoughts for me to pass on to her. Thanks.
~~~~~~~~
Greetings, This is from -----. I'm guessing that you remember me.....--------'s son.
I wish this was going to be a friendly message, however,...we have recently received the final documents from the courts in Texas granting us the power to close all accounts in his name. There seems to be a discrepancy in what the acct. balances were upon his death and what the balances were when we went to close them. When we asked the bank to check on this.....it seems as though you have helped yourself to some of the interest earned on the CD acct.
Now, as a reminder, that was the account we accompanied you to close at the bank in Texas.
After speaking to a lawyer friend of mine, he seems pretty well convinced that you have broken quite a few laws by taking that money.
The fact that you closed the account in person released you at that point from any legal claim to the monies in that account. The bank simply reopened the account in the interim of waiting for execution of the estate as a place for the interest to be accrued.
So.....simply put.....you knew that the money was not yours. It seems as though you waited for a while....then thinking we knew nothing of the account because of the continuing build-up of funds in an account that was "closed" you decided to help yourself to a little over $400. Also, the fact that you used an ATM card to take the money may also possibly constitute Federal Wire Fraud Charges.
Now, in order to simplify this whole matter, you can simply pay back the money you took from the account to us or I will personally see to it that I employ every bit of legal gratification I can possibly muster against you. As you should well know, we have the bank statements, and the court papers granting us ALL the monies and interest earned since his death.
Had it not been for the little trick with the guitar I would probably not be nearly as upset with this bit of deceit. It's not the money....it's the principal of what you did....you were trusted and you abused that trust.
You can choose to close this matter by sending a cashiers check or money order in the amount of $400.00. (we will forgive the rest) A personal check is not acceptable.....the trust issue, you understand.
As we would like to finally end this matter,......and to avoid the legal mess this will no doubt create; you quick response to this is requested. If I have no response by the end of this week, which would be 2/2/02...in either the form of the money or at least an e-mail,....then you will force me to proceed with legal filings. If you need a short period of time to raise the money......let me know......perhaps we can come to an agreement.
I am sorry it has to be this way....but it was your choice.
sincerely,
