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waiting on Rebecca to sign AS IS according to our court order
But up to July 9 she is still trying to negotiate when negotiations were over two months ago with the court order,this is where the problem starts and where we are stuck
Rebecca refuses to comply with court order and still is trying to work some other deal, no one is listening
And Rebecca is continuing to run up legal fees Rebecca spent 3k trying to negotiate a extra 15k for herself
Re: Revised Accounting - final, Fritz's loan default
Tue, Jul 21, 11:19 AM (23 hours ago)
to 1beckybeck1, me
Ms Banks: We all want to bring this to a conclusion, and I am not interested in continuing to spend time on this matter and incurring more expenses for the Trust going back and forth over this. You should put you personal feelings towards your brother aside so we can conclude things, as it doesn't help. As you can imagine, he also has his opinion of you and your action, but I am not bringing that into this. It is your brother's position that anything beyond the scope of the settlement agreement should not be paid or deducted from the Trust(unless there is agreement to do so). We are going back and forth over a relatively small amount of money at this point. We can all continue to argue about everything, but you and your brother will most likely never see things the same way.
James A. Diamond
Davidson, Russ and Diamond
1875 W. Redondo Beach Blvd., Suite 301
Gardena, CA 90247
Tel: 310 323-8230
Fax: 310 323-5667
CERTIFIED SPECIALIST - ESTATE PLANNING, TRUST AND PROBATE LAW
THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION
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In a message dated 7/20/2020 4:24:01 PM Pacific Standard Time, firstname.lastname@example.org writes:
Good Afternoon Attorney Diamond,
Through out the years Fritz has legally borrowed money from the Trust or he has taken money and was it was unauthorized. Based I what I can estimate it is closed to approximately $22,00.00. I-as a trustee legally allowed him to borrow $6154.00. He was suppose to pay back the trust upon distribution of funds and receiving his inheritance. The rest of the money is just gone.....I can't begin to figure it out. He left mom's B of A account inside a pool of red ink that looks like a blood bath.
Item #1 payback of loan-
I have prepared a revised accounting regarding the horrible truth that my brother Fritz has refused to honor the contract that he signed and the checks that he requested and cashed,- based on the estate loaning him several thousands of dollars.
I consulted several attorneys (starting a few years ago) and a few within the last week, regarding this predicament and I have been advised that his decision of defaulting on his loan can put both he and I, in a compromising situation. I am in a compromised situation, because I believed him and I represented the estate, and granted him the loan. (Stupid me). There is money missing that Darryl & Dorian & I should have, but will never receive......and that is just wrong for a trustee to do to them/us.
I am closing out my books & accounting and there is a shortfall that Fritz has caused. I have a promissory note, cashed checks and ATM records, and other documents, however I was just trying to collect the sums that were evidenced by checks & contract- that amount was $ 6154.05. The amount to be paid back was $4000.14. SO WHAT IT IS GONE- I AM OVER IT.
Item# 2 Repayment to Rebecca
I am the sole beneficiary of mom's AAA account, for $21,000.00 and it was deposited into the trust- I will need to credit my loss against that.
I fully understand that Fritz has gone back on his word and has reneged on his contract to repay the estate.
Let the record stand that Fritz will not pay back $6,154.05 from the estate.
Let the record stand that he removed $377.00 from the trust in May 2020, to pay his automobile. (That was no accident, it was deliberate.)
Let the record show he has remove thousand of dollars from the estate/trust to pay his property taxes- and other bills or pleasures.- repetitively. He has a pattern of practice and behavior, it's called theft.
I have been informed of some the emergency procedures regarding the courts and COVID19. The State of California is very close to closing down- again.
Based on the fact that Fritz has no integrity and his moral compass is pointing in the wrong direction, I will be holding all the Savings Bonds until Fritz and I can service them together, with Darryl & Dorian. I have every reason to believe that there is a very strong possibility that I and my other brothers will be cheated. Fritz steals.
The court settlement says that I am to do it and I will as soon as he & I can get together safely.
I am sure Attorney Diamond you will threaten to take me to court, however in a pandemic the courts will be very flexible at this time., and the last place you want me is in court with all of my evidence against Fritz, and quite frankly I am sick of Fritz and doing business with him. I will gladly resign as trustee- I can't wait!!!!
I am absolutely repulsed by Fritz's low level of Integrity. He is a direct threat to the estate. He will spend Darryl & Dorian's money in the trust, I fear he would mortgage the house, (he will not honor the settlement).
I made a huge mistake, giving him the privilege of managing the trust that I and my parents created.
Here is the revised budget: Starting from $311,603.25 Complete Attorney cost -$8,060.50 __________
Complete write off from Fritz Banks Default loan -$6154.05 ___________ $297,388.70 Notary /delivery -380.00 ____________
$297,008.70 Complete write off Fritz auto loan payment -377.00
$296,631.70 Additional trustee fees based on additional 40 hours - $1,509.67 in four days, work & telephone calls ____________ ` $295,122.03
Balance Forward $295,122.03
Money Market +$105,618.66 Stocks & Insurance + 93,375.67
Cash on Hand $494,116.36 Advanced money Fritz Trustee fee & Xmas all children + 70.000 ____________
Not include Savings Bonds/ Inheritance figure $564,116.36
.35%=$197,440.72 -5,000 (xmas adv)= $192,440.72 Rebecca Banks
.35%= $197,440.72- 55,000(Trust & xmas adv)= $142,440.72 Fritz
,15%= $84,617.45 - 5,000.00(xmas adv)= $79,617.45 Darryl & Dorain,
All this is extra work based on Fritz's BS. Same old stuff. This is why we were in court.
Attorney Stoller informed me while he was still representing me, that I was to pay any additional attorney's costs directly to the both of you as I did before, via wire.
That was the plan so I will stick to it.
Let's move forward before the pandemic closes the state again.
I am done, no more work.
I agree with you.