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Posted
course, Thia was my mother needing help, so nothing
more needed to be said other than "where do I sign" .
Pretty soon I was the "co owner and co deed owner" for
a small house at 139 derby rd in Middletown, NY. I was
thrilled at the chance to be able to help my Mom,
although I still had no idea what that would mean
until a few days before her death. It was at this
point, when she went into a room with MatT DeAngelis,
and Kerry Clair (coveniently enough, the
"coexecutors!"), Marcel Mathews (The Notary)

it was few days after my mom's death that a got a
letter in the mail from Mr Deangelis' attorney, Rita
Rich, from Bluestein Rich and Shapiro. The latter was
very professionsl. Ms Rich expressed her condolonces
at my mnother's passing, but also wasted no time in
informing me that although they had every intention of
taking the house and all the assets with it, they
still planned an saddling me with the mortgage and all
the liabilities for a house I had no ownership stake
in at all.

For several months, I just simply didnt know what to
do, so i just paid the extra $900 per month. I guess
part of me was hopig tat someone would come to their
senses and realize what a horrible injustice was being
done!

Then at some point in the fall, it seemed like good
would prevail. I got a letter from Mat Deangelis that
he planned to make good on the mortgage, and keep the
place from going into forclosure! Huzzah!

Apparently those intentions were short lived however,
as this week I was AGAIN contacted by Berkshire bank
with another forclosure threat! The bank people told
me how ridiculous this was, as Pets Alive/ Matt
DeAngelis could quite easily refinance this property-
Even lowering thir monthly payments significantly, if
they were willing do do so- But instead they seem to
just continue to wait until that final second before a
forclosure proceeding beguins, at which point they
apparently make the minimal monthly payment-

I have never owned a home of my own. The only foray I
ever made ito the mortgage world was to sign at the
"x" where my mom asked me to all thos years ago.
Thatnks to my trusting nature, and the heartless
actions of others, it diesnt look like I will EVER be
able to buy a home of my own. Though my payment
history accross the board with assorted creditors has
been imppeccable. Yet My credit score is probablyu
south of 500 at this point.

At this point, I come to all connected with my hat in
my hand. WHile my mother and I had our rocky points
over the years, I cant believe that she would really
want to permanently destroy my future like this. I
have a new wife whom I woud like to start a family
with, but my fuure seems to have been taken from me by
the gullibility of ,my own goodwill and my desire to
please my mother.

When Matt asked me not to contest the will, I heeded
to his wishes, and he has been a gentleman about this
stuff thus far. But now we are in the endgame. Please,
can ANYONE stand up and make this right? I do not
want the house or any of the assets! All I want is the
abiity to walk away and start a new life with my
bride, Carlotta-
Please, can anyome step up ans take this place? Why
should I be paying a mortgage on a house I an not even
allowed to visit?lol

I an not sure wha the legal proceedings are at this
point regarding the bank or the IRS. All I know for
sure is that NONE of it has anything to do with me. My
guess is that a gentleman named PaT Denehy from
Berkshire Bank on South Church Street in Goshen will
bear this out. He certainly has my permission to
release the facts in the case.

I also have no Ill wil reharding Best Friends, Matt
DeAngelis, Kerry Clair, or Pets Aliive in it's current
incarnation. I am simply requesting that I be allowed
to leave something that no longer concerns me.
My Contact Info is as follows
Adam Whalen-
714 300 8876
ocbbi@yahoo.com

I am begging for somone- for ANYONE to release me from
this pugatory,. Some of you are probably thinking "he
could have always told his mother "no"= when she asked
him for such lenient powers of attorney- All I can
say to that it this : She was my Mom, and she told me
that if I didnt do this thing for her that she would
be helpless! I was a musician in my mid 20s with very
little legal understanding of the details here- I feel
like a fool in hindsignt- But if I had had the samme
facts (or lack therof) back then, I probably would
have made the same stuopid mistakes and allowed this
wman to manipulate me in the smae ways. Who among us
hasnt gome to the edge of reason for their mom, right?

I will send this off to as many people as I can think
of, as I a desperate for any help at this point. I
want a chance to buy a home of my own and start a
family, and the clock is ticking-

Please find it in your hearts to help me in any way
you can.

Kind Regards,
Adam S Whalen
 
Posts: 1 | Registered: 08 January 2008Reply With QuoteEdit or Delete MessageReport This Post
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This is not right!!
I am so sorry you have to bare with this after your mom dies, what is wrong with people??
So sorry to hear that you have to deal with this unkind behaviour.
Some people suck in this world.
Where is the compassion for those who are grieving?? Confused All I can say is I am so sorry for you, take care cath
 
Posts: 6 | Location: N.H. route 149 | Registered: 19 April 2007Reply With QuoteEdit or Delete MessageReport This Post
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I am sorry to hear this, Adam. It does sound very unfair and I hope you'll find the help you need.

All the best for you, Carlotta and your future.


------------------------------
Music is the language spoken by angels.
~Henry Wadsworth Longfellow~

*Strive to be righteous not flawless.*
 
Posts: 71 | Location: Germany ~*~State of Rob~*~ | Registered: 03 December 2005Reply With QuoteEdit or Delete MessageReport This Post
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Dear Adam;

You should be able to find legal advise through the Probate Court in NYS in the County of the Estate. As Co-Executors [or executor] of an estate the right of specific property distribution is left at their discretion [within the limits set forth in the will];however, all distribution MUST be executed as the will and a subsequent codocile direct, meaning according to your mother's wishes. Upon any persons demise, when an estate is left, the first move is to inform the attorney's to get into probate under NYS law before the IRS seizes property.

You, if a beneficiary to any portion of such estate, should be able to speak with the probate court & judge; realize if you just want to "not contest" the will and go forward with your life; you have the right to opt out of any portions of the inheritance [if there is any directed to you] which will relinquish you of responsibility to the estate. I would speak to the probate court in your County where the estate is held, asking how to "opt out" and what a "No contest" rule means after the court explains to you the Will's intent and the process.

As executors to an estate there are fiduciary obligations to uphold the wishes of the one which directed the appointment of property & any portions of the estate [meaning you mother's written word]; this is a tremendous obligation. Only a spouse has a right of inheritance.

Additionally, under NYS law you cannot be held accountable for any debts incurred by a parent [unless they are your own bills & in your name]--just the estate during the probate process--unless you co-signed and financed the mortgage in your name & of your your own free will. Speak with the probate court, they should be able to assign you legal council to inform you of your direction & options.

Good luck and I was very sorry to hear about your mom.
 
Posts: 2 | Location: Millbrook, NY | Registered: 07 February 2008Reply With QuoteEdit or Delete MessageReport This Post
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