RE: Estate of Nadian Carver,
Horry County Probate Case #: 2000ES2600486
Opened April 2000; closed June 2001.
I am seeking attorney help on a closed estate matter for the above estate, for several reasons, namely resulting from the PR's lack of cooperation in providing me with the appropriate estate papers--even after all this time, the PR does not want to hand over copies of the estate's bank statements and cancelled checks, nor does he wish to provide me with a copy of the final accounting.
The PR did show our father a copy of the Final Acccounting, but that particular FA did *not* match the FA that the PR filed with the Probate Court in June 2001.
Of particular concern is the fact I never received the closing papers to the estate (meaning: if SC requires a signature for the closing papers, then somebody close to the estate forged my signature).
When the PR opened the estate and I gave authority to appoint the PR, the State required my signature to be notarized; yet apparently the State did not require my notarized signature to discharge the administrator and close out the estate.
This omission by the State could be a problem for other out-of-state heirs and in particular could present a problem for estates managed on behalf of those unable to manage their own affairs.
I am aware that this request may sound odd or may sound like I am golddigging. A listing, including non-filing of Estate Tax Return and known assets that are missing, of reasons why I am seeing the reopening of a closed estate is provided below the dotted line.
Resulting from continuing employment problems, I am at this time unable to arrange for pre-payment of lawyer’s fees. I would need to make arrangements for contingency fees (and asking Judge Edmonds to award me the attorney’s fees.)
However, I believe that the Estate of Nadian Carver contains sufficient errors to warrant a further examination by Judge Edmonds.
Former Probate Judge Diane Creel oversaw the administration of Nadian Carver’s Estate.
I also believe that there is enough cash missing from the Estate to justify a court proceeding and that the amount of missing cash, in lost interest, in mortgage payments made to an empty home, in money not received from the sale of the decedent’s car, in money that is actually missing, the cash value of family heirlooms, and the potential overturning of a disclaimer for real estate as a result of legal errors and failure by the PR to provide an appraisal for real estate, is sufficient to allow me to pay an agreed upon contingency fee.
Family members have ‘advised’ me to not file a Proceeding for Accounting against my mother’s estate.
However, I believe the PR for the Estate of Nadian Carver breached the fiduciary duty granted him by the State of South Carolina. I also know there are potential criminal charges which could be levied on the PR.
Although I do not have a phone at the moment, I do have daily email capabilities.
5001 Seminary Road #1417
Alexandria, VA 22311
(no phone, but email is always excellent)
Although the Estate of Nadian Carver was administered and closed out by June 2001, I was not aware that the Estate was closed out until recently. Family members have told me to forget about asking the Judge to reopen this Estate and that any money that is missing from the Estate should just remain missing.
Their reasoning is that I should not file a Proceeding for Accounting two and a half years after the Estate of Nadian Carver was closed out.
As I did not know my mother’s estate was closed out, I did not have a chance to examine the Estate’s papers, including making an examination of the Estate’s bank statements and cross-referencing the Estate’s bank statements with the copies of cancelled checks drawn on the Estate’s Checking Account and then using those numbers to verify that the Estate Administrator reported the correct numbers on the Final Accounting filed with the Probate Court in June 2001.
Listing of potential problems:
I am requesting that a Closed Estate be reopened on the basis of:
· Missing Assets known to the heirs and known to the Personal Representative (who is also an heir) and those assets are not listed on either Inventory of Assets or listed on Final Accounting (that were known to me as a result of these assets being from my childhood).
Known assets of Nadian Carver that are Missing include: 1 diamond wedding ring given to her by ex-husband Rupert Carroll Carver of Myrtle Beach (address below second dotted line); 1 blue/cream colored room sized oriental rug with 1100 per inch thread count (thread count provided by the PR);1 set of Cristal D’arque crystal stemware; 1 set of gray/white china; 1 set of blue/white china; 1 set of antique silverware originally belonging to paternal grandmother Grace Schacher, and 1 blue and white gilded china cup commemorating Eisenhower’s election.
I believe these assets should have been inventoried, appraised then either sold off and the monies divided amongst the heirs or one heir buys out the other heir’s shares, but there is no indication the Estate Administrator did so in the instant case. This is an example of missing assets (money).
I also believe that there exists in Probate law a three year rule for the return of missing assets. I read this somewhere but can’t find reference to this law, but I recall that if an asset was distributed to the wrong heir, that asset can be recalled up to three years after the closure of the Estate. The estate was closed out June 2001. I am under the impression that breach of fiduciary trust, however, does not have a statute of limitations.
· Suspected missing asset of a Life Insurance Benefits check made out to the decedent from the benefits provider for Fairfax County Public Schools, which should have been deposited into the Estate checking account. I am seeking copies of the 14 monthly bank statements for the Estate of Nadian Carver’s checking account in order to prove how much money was deposited into the Estate of Nadian Carver’s checking account.
· Non filing of Estate Tax Return (due to misappropriation of funds resulting in very little or no interest paid upon significant monies deposited into the Estate’s checking account).
With regards to this item, I believe the PR moved monies from the Estate’s checking account into his own personal accounts in order to avoid the Estate having to file an income tax return showing the interest earned. I also believe that the PR shifted money back TO the Estate checking account near the dates of the three checks I received from the Estate of Nadian Carver. This complaint is in conjunction with the next complaint.
· Failure to distribute to one or more heirs their share of the interest earned on the Estate’s checking account (A missing asset). Again, I believe the PR moved money from the Estate into his own accounts (not only to enjoy the increased interest income but to enjoy the greater ability to obtain a mortgage for him and his wife. He did obtain the mortgage).
· Failure to pay an Heir for the heir’s share of the Decedent’s automobile.
· Deliberate attempt by the PR to mislead an heir (and the Court) as to the correct amount of money received from another Estate (the PR listed as monies received from the Estate of Thelma Hopkins the sum of exactly: $70,000.00 on the Final Accounting filed with the Court in June, 2001.
The PR now claims to his father that there was $92,400 in monies received from the Estate of Thelma Hopkins and even showed a Final Accounting to our father that indicated I should have received $28,000 from the Estate. However, on checks drawn from the Estate, I show no more than the exact sum of: $20,000 (two checks for $9,000.00 each; and one check for $2,000.00) Note all the Zeros?
If there is a second Final Accounting filed dated in 2002 or later, I would like to know how the PR could have re-opened the Estate without my knowledge and/or signature and then refiled certain estate papers.
· Upon request by heir, deliberate attempt by the PR to mislead an heir by failing to provide copies of the monthly bank statements (for 14 months) and failing to provide copies of the Estate’s cancelled checks. The three checks that I have drawn on the Estate’s checking account are out-of-sequence (though there may be a good explanation for this).
Additional problems I have noted:
· Failure to list on the Inventory of Assets checks made out to the decedent for Life Insurance Benefits, and failure to note the same on the Final Accounting. I am under the impression that in SC, life insurance benefits must be listed on the Inventory, yet there appears to be nothing listed.
There should be one (1) life insurance check from Minnesota Life Insurance company in the amount of $3,300 (I know this number because it was I who opened the envelope containing the check from Minnesota Life Insurance company in March, 2000 (about a week after my mother’s death). From Fairfax County Public Schools, there should have been a second life insurance check listed on Nadian’s Inventory of Assets.
The amount of the second life insurance check is unknown as the Estate Administrator for Thelma Hopkins refuses to divulge anything about the existence of this check. Thelma Hopkins was Nadian Carver’s mother, and Thelma worked for ten years for FCPS system. Nadian was one of two beneficiaries on this particular life insurance policy, and said life insurance policy from Fairfax County Public Schools was known to the PR for several decades—yes, decades.
In any event, there should be a record of any deposits into the Estate’s checking account indicated on the bank statements for the Estate of Nadian Carver; hence the reason why I wish to obtain copies of the monthly bank statements for all 14 months the Estate was open.
· Failure to preserve the value of an estate by paying mortgage on an empty home for one year, and making false and misleading statements as to the true value of the real estate
· Failure to apprise an heir of the appraised value of Real Estate when sending a Disclaimer for Real Estate
· Possible legal errors on the Disclaimer for Real Estate, including the failure of listing the appraised value in the description of the property; substituting a different term without explanation (Exhibit A versus Attachment A); and not using page numbers on the disclaimer itself so that the reader does not know how many pages of the “attachments” contained in the Disclaimer for Real Estate.
Things I also want:
1. Copies of the Final Accounting for the Estate of Thelma Hopkins. This estate was probated in Chesterfield County, Virginia, also during the Year 2000 (the two women, mother and daughter, died seven weeks apart; mother went first).
The PR should be able to provide proof that the Estate of Nadian Carver did indeed receive exactly $70,000.00 from the Estate of Thelma Hopkins. He has not been able to provide me with a copy of the Final Accounting for the Estate of Thelma Hopkins nor has he been able to provide me with a copy of the “check” that was sent to the Estate of Nadian Carver. Further, the Final Accounting should provide information about any life insurance benefits checks sent to Nadian Carver, who was an heir of Thelma Hopkins (Thelma died seven weeks prior to Nadian’s own death).
2. Bank statements for the 14 months of the Estate’s administration.
3. Copies of all cancelled checks from the Estate’s checking account (checking account information is provided below). I do not know the procedure for asking a bank to provide copies of the bank statements and cancelled checks for an estate account; however, it is possible that the PR merely needs a signature from the judge. I have written up a request to the bank in the event that obtaining the Estate’s financial information from the bank requires a judge’s signature.
4. Appraisal papers for the real estate of Nadian Carver. I never saw an appraisal and I am suspicious of the dating of such an appraisal, if one was filed with the disclaimer I signed without benefit of a lawyer.
5. Copies of the appraisals for the various valuables previously listed. The PR or whomever is in possession of the oriental rug would need an insurance appraisal for their own insurance policies, considering that Myrtle Beach is in a Flood/Hurricane Zone.
I also realize that only a few of the reasons listed above are reasons for Judge Edmonds to reopen the Estate, notably the missing assets and the non-filing of Estate Income Tax returns.
Estate of Nadian Carver checking account information:
Bank: People’s Federal
Account Number: 3668172-0
Estate of Nadian Carver
Scott Allen Schacher as Personal Rep
895 Compton Drive
Conway, SC 29526
Checks that I know to have received from the Estate of Nadian Carver’s checking account:
Check Number 0143, dated 10/23/00; Check Number 0132, dated 11/22/00; and Check Number 0138, dated 12/14/00. Notice the dates and check numbers are out-of-sequence. Again, there may be a very good explanation for this.
Address of Rupert Carroll Carver, ex-husband (continued with personal relationship post-divorce). He is known to have assisted Nadian during her final illness for cancer and he is also known to have had access to Nadian’s house in her final months.
R. Carver 112 13th Ave N
Surfside Beach, SC 29575-4202
Verbal Explanation—this explanation is the best I can do with the different numbers that were provided to me by both the Personal Representative and by my father (the PR’s father as well).
If you can figure out the numbers, please let me know. Remember, along with his wife in early 2001, the PR applied for and obtained a mortgage for a home at 1321 Melanie Lane in Myrtle Beach.
Overall, the PR has given three sets of numbers to myself, our father and to the Probate Court.
The first set of numbers was given to me. On September 8, 2000, the PR claimed the Estate of Thelma Hopkins (I can provide you with the case number) that Thelma’s Estate sent a sum of $79,426 to our mother’s estate. The Estate’s checking account had been opened May 2, 2000 with a deposit of $4,103.32.
For the months of May through September, subtract the mortgage payments plus utilities including phone, plus making monthly HOA fees of $75. I know about the $75 dollar a month HOA fee because I was staying in my mother’s house for two weeks after her death and the HOA fee increase notice was handed to me personally by the HOA president. The fee was formerly $65 per month.
Now in late August/September, there should have been deposited a check from the Estate of Thelma Hopkins in the amount of $79,426 (according to the PR’s September 8, 2000 conversation with me). As evidenced by the dates on the checks, beginning in October, the PR began to subtract large sums of cash from the Estate’s checking accounts, ending the distribution of cash in December (so says the PR).
Remember, the PR was hoping to get a mortgage. A large sum of cash deposited into his personal accounts near the end of the year would look mighty good on a mortgage application dated in January/February 2001. Increase the amount of money, even temporarily, and even a person with prior bad credit could obtain a mortgage.
But there remained the small issue of the remaining mortgage payments on Nadian’s home. How much money was left in the Estate’s checking account from December 2000 until June 2001?
There needed to be at least six months worth of money to pay the Estate’s legal obligation of mortgage payments, HOA fees, plus the payment of property taxes, and possibly utility bills.
So, further subtract mortgage payments and sundry expenses on an empty home until June 2001. If what the PR told our father in 2003 is true—that each heir received $28,000 with him taking a ten percent fee—then how does the PR account for the all of the numbers?
The second set of numbers was provided to the Probate Court in the form that there apparently were no expenses for Nadian’s estate and that the Estate of Thelma Hopkins sent the sum of $70,000.00 to the Estate of Nadian Carver and that all heirs received the monies equally.
The third set of numbers was given to my father earlier this year. My father is an Engineering/Accountant major and would have asked to see the bank statements. There exists the possibility of the PR not showing our father a copy of the bank statements. In any event, on October 21, 2003, my father—and stepmother—said that he had seen a copy of the Final Accounting and that I received $28,000 from my mother’s estate and further, that the PR took a Ten Percent administrator’s fee.
These numbers simply do not compute. There should be mortgage, HOA fees, utility expenses listed. And, the administrator’s fee is all wrong. Further, to the best of my knowledge, I only received the sum of $20,000 from the Estate’s checking account.
Potential income tax problems and the non-filing of Estate Income Tax Returns:
I believe the PR removed monies from the Estate’s checking account into his own personal accounts in order to avoid the Estate having to file a tax return for the interest monies received.
I also believe an examination of the bank statements for Nadian Carver’s Estate will indicate how much money was deposited into the Estate’s checking account and that this amount will not match the amount of money reported on the Final Accounting filed in June 2001.
I also believe the PR was writing an large number of checks, as I received out-of-sequence checks for the $20,000 that I received on monies drawn from the Estate of Nadian Carver’s checking account (I have copies of the three checks). Check Number 0132 was dated 11/22/00 for $2,000.00. Check Number 0143 was dated 10/23/00 for $9,000.00. And lastly, Check Number 0138 was dated 12/14/00 for $9,000.00. Why the back-dating?
Maybe there is a good reason why I received out of sequence checks. But just how many checks were drawn on the estate’s checking account? If the PR decided to write several checks at one time, why did he date the checks differently? Only the PR can answer that question.
Further, the PR himself told me that Judge Diane Creel had informed him that beginning in October 2001, the PR could begin distribution of the Estate’s monies. There was supposed to have been a deposit of $79,426 from the Estate of Thelma Hopkins (according to what my brother, the PR, told me the day before his wedding.)
This sum should have earned interest for three months. Now, at a 2.5% interest, $79,426 would have earned around $496, just under the $600.00 income tax filing requirement by the IRS.
But why wouldn’t the PR want a three month Certificate of Deposit at 5%? A 5% interest rate on $79,426 gives interest of $992.82, well over the $600.00 IRS requirement. Yet, there isn’t any indication that the PR filed an Estate Income Tax return, nor does it appear on the Final Accounting that there was tax paid.
Would tax paid be considered an expense of the Estate? Conversely, shouldn’t there be listed on the Final Accounting a record of the interest earned by the Estate?
There doesn’t appear to be any record of the interest earned by the Estate of Nadian Carver.
Possible multiple copies of the Final Accounting:
on October 21, 2003, my father told me that he examined the Final Accounting for the Estate of Nadian Carver (his ex-wife) and that the Final Accounting shows that I received $28,000 and further that the Personal Representative (my brother) was allowed a Ten Percent fee (I was under the distinct impression that SC Probate Code allowed a 5% administrator’s fee, plus 5% of the proceeds from assets sold, plus 5% of the interest monies earned).
But the Final Accounting filed with the Probate Court shows a far different story: if the Estate of Nadian Carver received a sum of $70,000.00 from the Estate of Thelma Hopkins, how can I have received $28,000.00 from the Estate of Nadian Carver when there are three heirs?
28 thousand multiplied by three (heirs) and adding ten percent gives a sum of $92,400 or thereabouts. There was no other money (except for a second life insurance check) and since the PR did NOT sell the Decedent’s house during Probate, there is no other way to account for the extra money on the Final Acccounting shown to my father. If the PR took a 10 percent fee, there should have been around $87,780 divided by three heirs or $29,260 going to each heir. I show only three checks totaling $20,000.00 for my share of the cash.
Since there was no life insurance benefits checks listed on the Inventory or Final Accounting (and there should have been TWO Life Insurance checks made out to the Decedent, Nadian Carver), from where did this extra Twenty Two Thousand Four Hundred dollars come?
I believe that an examination of the bank statements for Nadian Carver’s Estate will show whether or not there was a “third” deposit. I know that the Estate’s checking account contained just over $4,000 when the account was opened. This bank statement is the ONLY bank statement I ever received from the Estate.
The only other deposit should have been made in late August/September for what the PR told the Court was a $70,000.00 check from the Estate of Thelma Hopkins (but the PR told me in person that the Estate of Thelma Hopkins had sent down $79,426.00).
The numbers the PR is giving the Court, myself and our father simply do not add up. If the PR administered the estate correctly, he should be able to provide the same numbers to anyone who asks.
The PR does not want to send me the 14 bank statements for Nadian Carver’s Estate and I am under the sneaking suspicion that the bank statements will not be able to show a deposit of exactly $70,000.00.
Doesn’t the PR have to show the exact dollar amount of monies received by an Estate?
How did the Personal Representative account for all this extra money on the Final Accounting filed in June of 2001? He didn’t. With the Probate Court, the PR listed the sum of $70,000.00 as being received from the Estate of Thelma Hopkins on the Final Accounting filed in June 2001.
To my knowledge, I have not authorized a re-opening of the Estate of Nadian Carver and I am not aware if I needed to provide a notarized signature authorizing the PR to re-open the Estate of Nadian Carver after June 2001.
This means that if there is a second Final Accounting or if the Estate has been reopened after June 2001, any signature(s) from myself are forgeries. The only other option is that the PR somehow obtained a blank form of the Final Accounting and filled out a false Final Accounting to show our father upon his request (I had tried to warn my father about the potential criminal charges arising out of this case; he is severely ill.)
On criminal charges: I know that dipping into the till can get a PR into legal trouble. In the instant case, the PR, along with his new wife, Kim Compton, in early 2001 applied for and obtained a mortgage at 1321 Melanie Lane, Myrtle Beach. He was coming out of a severe debt situation (why he didn’t purchase a foreclosed home is beyond me; this is what I plan to do should Judge Edmonds rule in my favor).
The PR told his father that he had purchased at least one new car in the autumn of 2000. I know that dipping into the till also incurs IRS problems (embezzlement income is supposed to be reported in the year in which the income is embezzled. The IRS helpfully prints this information in the 1040 tax booklet distributed to taxpayers).
Additionally, I know there are potential perjury charges, and the charge of filing a false financial statement in an attempt to obtain a mortgage (a Class C felony) on the basis that there exists the possibility embezzled funds from the Estate went into the PR’s personal accounts and the artificially inflated financial accounts were listed on the PR’s mortgage application. Since he and his wife co-signed, there may also be money laundering charges.
I am aware that I can not file these kinds of charges and that the DA might not wish to pursue the charges. At the least, Judge Edmonds may wish to pursue a perjury charge against the PR for misleading the Court about the true amount of money in the Estate. I list these charges to indicate that I am fully aware of possible criminal charges arising out of this Estate Case and that I am also aware that my filing a Proceeding for Accounting could put a family member into jail.
I have spent many months wringing my hands over this before coming to the decision to ask Judge Edmonds to reopen the Estate of Nadian Carver. Again, I believe the PR breached fiduciary trust and he definitely breached family trust.
I also spent several months going over and over what I received in monies from the Estate of Nadian Carver and comparing those monies received with the numbers the PR provided my father. The numbers just don’t add up.
Here is where several people have thought I am merely golddigging in an effort to alleviate my financial problems: like many people in America these days, I have financial and employment problems.
But I am not an Anna Nicole Smith; unlike the shaky legality of her marriage to JC Marshall (where JC Marshall might have given POA over to his younger son and thus JC Marshall might not have had the legal capacity to marry Anna Nicole Smith and give her half of his Estate), I am a legitimate heir and I am seeking a full accounting of my deceased mother’s Estate.
Now why should a PR be upset about having to provide me with bank statements for the 14 months the Estate of Nadian Carver was opened, along with copies of the cancelled checks so that I, a legal heir, can ascertain that I did, in fact, receive $28,000.00 drawn from the checking account of the Estate of Nadian Carver?
Once upon a time, during Judge Buffkin Creel’s (Judge Buffy to brides) tenure, there was an estate that ran through Probate Court. Open: April 2000; closed June 2001.
The Estate was my mother’s. The Personal Representative, my brother, failed to notify all heirs that he was closing the estate in June 2001. I discovered this particular fact because I have been waiting several years for the Estate to be closed. There is real estate in this Estate which I was under the impression that my brothers wanted sold and before the house could be sold, I had to sign a disclaimer.
Therefore, I was unable to cross-check and verify certain information within the allotted frame of time allowed by SC law.
Time passed and I wondered when the Estate was being closed. I called the Probate Court.
I discovered the sets of Probate papers pertaining to the instant case should be dated no earlier than April 2000, when the Estate was opened, and dated no later than June 30, 2001, when the Estate was closed. I never saw, nor received the closing documents for the Estate, nor did I receive a copy of a real estate appraisal due me for a disclaimer I foolishly signed without legal counsel.
The Final Accounting that the Court Clerk read from was dated June 26, 2001. To my knowledge, I have not received a Request to Reopen the Estate for Rediscovery of Assets, nor have I received and signed a Final Accounting nor did I receive and sign a second copy of the Final Accounting.
The PR had told the Probate Court that the Estate received the exact sum of: $70,000.00 from another Estate but the PR had informed me of the receipt of $79,426.00. The PR further informed our father this year (and showed our father a Final Accounting) that indicated each heir received $28,000 from the estate of Nadian Carver and that the PR was entitled to a Ten Percent administrator’s fee.
It was at this point (on October 21, 2003) that I realized the PR had mismanaged the estate, presumably so he could obtain his home at 1321 Melanie Lane, purchased in 2001 and occupied by April of 2001. If the Closing Documents for the Estate of Nadian Carver, dated in June 2001, indicate an address of Compton Lane, then the PR filed a false address with the Court.
The sum from the second Estate was received by early September 2000, and on September 8, 2000, the PR told me in person that this sum of $79,426.00 was to have been deposited in the Estate’s checking account after the PR returned from his Bahamian/Orlando, Florida honeymoon in September 2000. Later that year, the PR further went on a second trip to Florida in December 2000, as well as purchased a new car in October 2000. With his new wife, the PR applied for a mortgage on a home either in January or early February 2001 (he obtained the mortgage).
Without the Final Accounting from the second estate and with that particular Estate Representative being mulish, I couldn’t verify the number, but when I ran some of the second Estate’s numbers from the few papers I had for that Estate, I discovered that the second Estate should have sent the first Estate around $90,000, give or take a few thousand dollars.
Apparently, there were no expenses, including payment of taxes, for my mother’s estate.
I received from my mother’s Estate checking account the grand sum of…$20,000.00 in three separate checks—one check for $9,000.00 exactly; a second check for $9,000 exactly; and a third check for $2,000.00 exactly.
In October 2003, my suspicions were borne out regarding the higher number when my father informed me that he had checked with the Personal Representative. The PR had informed my father that each heir was sent $28,000 and that the PR’s fee was 10%--yes, you read that correctly: the PR said that his fee was Ten Percent.
Even without confirmation of the higher number, I delayed filing a Proceeding for Accounting for several reasons; notably the precarious health of the family patriarch. My goal was to try and work something out with the Personal Representative. That tactic didn’t work out for the PR had discovered a way around the fudged numbers by informing an Engineering/Accounting major that the estate administration fee was Ten Percent.
In the Estate Inventory filed with Probate Court in 2000, there went missing and unappraised the following items:
--1 diamond wedding ring from the decedent’s second husband (Rupert Carroll Carver of Myrtle Beach)
--1 blue/white room size oriental rug
--1 set of antique silverware originally belonging to Grace Schacher (paternal grandmother)
--1 set of Cristal D’arque crystal stemware
--1 set of gray/white china (from Thelma Hopkins)
--1 set of blue/white china (from her marriage to Rupert Carroll Carver.)
--1 blue and white with gold gilding china cup commemorating Eisenhower’s election (Presidential memorabilia; worth 3 days hard manual labor in wallpaper hanging by my deceased mother or $800.00 at the time of receipt in the late 1970’s).
The above listed assets are known to me as being from my childhood and further, the decedent had in her household possession the above assets at the time of her death. I did stay in the decedent’s house for one week after her death and had opportunity to observe these assets (except for the diamond wedding ring).
Further, the Decedent received 1 life insurance benefit check from Minnesota Life Insurance company for the amount of $3,300.00 (I know this fact because it was I who opened the envelope containing the check during the two weeks I was in MB after the death).
Additionally, the Decedent is the supposed beneficiary of a second life insurance check from the life insurance benefits provider for Fairfax County Public Schools. A deposit for this life insurance check made out to Nadian Carver should have been recorded in the Estate’s Checking account.
Neither life insurance check is listed on the Estate Inventory nor is listed on the Final Accounting. I am under the impression that in SC, life insurance checks need to be listed on the Inventory.
Next, although I signed a disclaimer to a piece of real estate, I had no copy of the appraisal before signature. As I learned, a real estate appraisal must be performed within a specified time period after the appointment of the Personal Representative.
Further, the wording of the disclaimer itself brings up some legal questions and there is some question as to whether the ‘Attachment A’ and Exhibit A are one and the same.
The PR claims that he was attempting to sell the home during the course of Probate, yet there doesn’t seem to be a paper on file requesting approval for such a sale. The PR informed me that he had listed the home for sale with a Myrtle Beach Realtor in September 2000.
The PR also paid mortgage on an empty home for one year, all the while telling me there was “no money in the home”. If that was true, then why did he and the other heir take title to that home after I signed the disclaimer and then why would the two heirs rent out that home during the course of Probate?
Further, I was never paid through the Estate for my 1/3 share of my mother’s car.
Then there is the interest that should have been paid on monies received. If you take the PR’s version of just over 92,400, add the then-interest rate of 5%, and multiply by three months (the supposed time the money was in the estate), the Estate should have filed a Tax Return with interest showing around $1,155.
The one bank statement I have for my mother’s Estate indicates the account was opened a few days before the end of that month’s accounting period (April 2000). If there was a second life insurance benefits check, that check might have been deposited into the Estate’s checking account during the first few days of May’s accounting period.
Additional deposits into the Estate would have resulted in a higher interest amount being paid to the Estate. The PR told me that the Estate wouldn’t need to file a tax return.
But the proceeds from the second estate should have been deposited for three months, resulting in sufficient interest earned to trigger the filing of an Estate tax return. Yet the Estate apparently didn’t file at tax return.
It may be that the PR decided to drain the estate’s funds so the estate wouldn’t run into tax returns (he was coming out of a heavy debt situation and his marriage was looming, plus he wanted to purchase himself and his new wife a home; he obtained said mortgage in 2001).
Therefore, the PR could state to the Probate Judge that the Estate didn’t earn sufficient interest to necessitate a tax return.
The PR refused (and still refuses) to show me the Estate’s bank statements, along with copies of the cancelled checks so that I can cross-check the numbers with the Final Accounting that he filed with Probate Court. He showed a different Final Accounting to our father, who is an Engineering/Accounting major. Our father said that the Final Accounting he was shown indicated that I received $28,000.00 (note all the zeros in the numbers I gave you) and that Scott Schacher took for himself a Ten Percent estate administrator fee.
SC Probate Code allows a five percent administrator’s fee.