UPDATE: I apologize, this is a little long...
This has been put before the court for a revised final accounting. The most interesting thing happened, problem party #2 who has been completely removed from any of this, hasn't said or done anything, decided to send me an email yesterday. To give you more background, I personally performed 95% of the home repairs, partial gut bath remodel, whole house prep/repaint job, plumbing repairs, dishwasher replacement, basement floor tile encased in tar removal/repaint (took over 6 months) and paid over $55k in all funeral/mortgage expenses for 3 yrs. Total home materials cost was $2600. Only $300 spent on professional help, to keep house from foreclosure, we barely made a profit. This was to help keep the financial burden off other heirs. This party #2, never even bothered to thank me for this. This is the email I got after he got a copy of the court motion, I'll help to clarify some of these in (parens) and names removed:
=START=
Are you really doing this? What did they pay you $5000.00 (admin fee, atty decided, not me) for? Aren't you supposed to keep track of the accounting? The lawyers you are using didn't catch the mistake? What did you pay them $7000 plus for (legal fees)? Where is the paperwork for this bank mistake (his misinterpretation)? I see it as here say. All your emails stink of something fishy.
1) why was the check not mailed by USPS like I asked? (I hand delivered to his mailbox)
2) Why was it in a used envelope?
3) Why was it written a month after (problem party #1's) check was deposited in the Cook County Treasury?
4) Why the emails that say not to cash it? (I emailed him the day I dropped off the check telling him of this error, emailed again 2 days later, he never replied back, then he cashed it a week later)
5) Did you really make that much interest
If you did, shouldn't it be on the check as well? (Zero interest was made, his misinterpretataion)
6) Why does some of the items in the receipt portion seem excessive. (home repairs)
7) Did you sell any of the items? (same)
8) Did you return any of the items? (same)
9) Did you keep any of the items? (same)
10) Did you really use up all that fuel for lawn mowers? Really? (< $100)
11) Did you keep the ladder? ($99 for roof,gutter and siding repairs)
12) Where is the sale receipt for the house?
Sure, you think this is as petty crap. I still have more questions than answers.I strongly suggest you retract what ever you filed and take it out of your end. $5000.00
REALLY
With our moving, we are tapped out. I used it to pay bills etc. I don't have deep pockets like you do. I have been out of work for over a year. I will fight this if I have to. I now have plenty of time on my hands. How about sharing with us?
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I wanted to mention I was called out on the cost of gas for 3 yrs of weekly lawn mowing/snow thrower service, personally done by me. Never mind this would've cost $20-30/week if I hired it out and it didn't include my mileage gas cost either. None of my labor was ever billed, it was FREE. But, this party's opinion was I volunteered it, so I get no slack and no credit, no recognition. Call me crazy, but I lost out on investing this in a long term CD @ 5.25-5.5% back then to help ease the financial burden. Instead, party #2 feels he got singled out, accused me of lying and stealing from the estate too, and I should give up a mistaken overpayment of a distribution as a favor all the while being threatened with another lawsuit. Just a reminder, he was overpaid $564.32. Two further emails got uglier and littered w/F bombs telling me how selfish I am to not let him keep the overpayment since I got paid so much as the admin. Oh, and lose his number and address too! Last time we talked on the phone 3 years ago, I was told not to call, only email, he was too busy.
Do you think I interpreted this correctly? I believe I did. I know, I REALLY wish I was an only child....