I need help in Texas

Jared Schuren

New Member
Jurisdiction
Texas
I need help. I'm the beneficiary of an estate in Fort Bend County, Texas. The executor is non compliant. The estate has "closed" but I submitted a complaint to the court and a request for accounting. I don't know what to do next. The executor is not disclosing the gross estate and Trust(s). He is hiding a trust(s) and non-probated assets, won't disclose where they are and who the beneficiaries are. Bank of America is the Trustee of multiple accounts. Bank of America will not provide information and retained an attorney when I submitted letters questioning accounts. The executor will not answer anything, Bank of America won't answer anything. Multiple issues, 1. I need to have everything fully disclosed 2. Investigate how these issues happened - the executor was also the power of attorney of the deceased. My thoughts are Bank of America, as Trustee, and the executor, as POA, changed Trust(s) provisions and beneficiaries. Why not disclose it?

Merrill Lynch (Bank of America) has been the corporate Trustee for 13+ years of multiple accounts. There is a clear sign of churning within the accounts; buying/selling mutual funds over and over. There are issues with account management and nondisclosure.

All started in 2006 when my grandfather died. His wife, Vivian, executor of his estate, took everything over to Merrill Lynch (BOA) and changed everything. Merrill Lynch (BOA) allowed all of these changes and nondisclosure. Vivian changed beneficiaries of Trust(s) originally created by my grandfather and her executor (grandson and my half brother) and POA is aware of everything and won't disclose because he is the "new" beneficiary. It is very confusing. I can't go at this alone and I can't afford thousands of dollars in legal fees.

I know there is a lawsuit here against Bank Of America and possibly the executor. The executor has manipulated the entire situation to his favor and uses his power to withhold information.

I was also sued in Travis County by the executor and siblings regarding another Trust and Power of Appointment issue. My dad passed in December 2021. Estate probate in Travis County. He had a power of appointment over a Trust. He named me beneficiary of the Trust but my siblings are contesting the power of appointment. Dad disinherited my siblings in his Will. I have a hearing on August 18 regarding the lawsuit; Summary Judgment hearing. I have to handle this pro se. I was quoted 25k in retainers. I cannot afford that.

It's all overwhelming. I wish someone would just give me some guidance or do an extensive case review. I can afford an extensive case review; 4-5 hours. Tell me what I need to do next. Sue Bank of America? Sue the executor? Continue to attempt disclosure through probate court? FINRA case? It's exhausting and all I want it answers. Why is it so difficult to get questions answered? Why does everyone hide behind attorneys and procedures. It's unfair. The bank is not disclosing info and neither is the executor.
 
The trust is (probably) not part of the estate. If you are not a beneficiary of the trust, then you are (probably) not entitled to any information about the trust.
 
The trust is (probably) not part of the estate. If you are not a beneficiary of the trust, then you are (probably) not entitled to any information about the trust.


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It's all overwhelming. I wish someone would just give me some guidance or do an extensive case review. I can afford an extensive case review; 4-5 hours. Tell me what I need to do next. Sue Bank of America? Sue the executor? Continue to attempt disclosure through probate court? FINRA case? It's exhausting and all I want it answers. Why is it so difficult to get questions answered? Why does everyone hide behind attorneys and procedures. It's unfair. The bank is not disclosing info and neither is the executor.

Everybody's built the wall and lawyered up. Unless you pay a lawyer who can get people hauled before a judge I think it's obvious who you are in this photo.

Mouse and Elephant.jpg
 
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