Horace O'Neal, Attorney Horace O'Neal incompetent, dishonest attorney, would not assist me in carrying out my duties as executrix of father's will, did not honor father's will or estate laws Birmingham Alabama
CONSUMERS BEWARE OF ATTORNEYS AND PROBATE COURT IN BIRMINGHAM, ALABAMA. YOUR P0WER OF ATTORNEY, WILL, AND OTHER LEGAL DOCUMENTS ARE USELESS!!!!!
My father was diagnosed with lung cancer in 2000. He appointed me as durable power of attorney with total authority over his assets and health care. I was not able, however, to carry out any of his wishes in his power of attorney or Advance Directive concerning his health care with his hospice or doctor due to false allegations made by my extended family members. My father suffered unnecessarily as a result of this and none of his wishes were honored.
After my father's death, I was not "allowed" to carry out any of the wishes in his will by all the attorneys involved or by probate court.
His will states that I "shall not be required to furnish any bond, nor file any inventory of property, or make any report or final settlement to any court of any proceedings hereunder.
His will also states that I "have full power and authority to sell, transfer and convey any property, real or personal, which I may own or have control over at my death, without first obtaining permission from any court, at such time and price and upon such terms and conditions, including credit as I may determine and to do every other act and thing necessary or appropriate for the complete administration of my Estate."
I was "NOT ALLOWED" to carry out ANY of these duties by the attorneys involved and was not allowed to be on the appraisals on the property, determine the price, or sell the property so that I could settle the estate. I had to file an inventory, reports, a final settlement, and many other documents my father's will said I did not have to.
My father's estate was then turned over to a "master" by the judge (Mark Gaines at Jefferson County courthouse)against my father's will and state law. My brother and I, who were the only heirs, were NOT alllowed in the courtroom at this time.
None of the attorneys involved would honor my father's will nor assist me in carrying out his wishes. Several attorneys did not file documents as ordered by the judge but told me that they had.
I was not informed of court dates concerning my father's estate by my attorneys nor was I served any documents so that I could attend court and inform the judge what was going on.
I have not been able to obtain some documents filed on my father's estate from probate court.
There was also illegal distributions concering property belonging to my father's estate by one of the attorneys(Robert Townes of Gardendale, AL.
I have contacted NUMEROUS attorneys, the STATE BAR, the Attorney General, comsumer protection agencies, etc., about these unethical and illegal actions of all these attorneys and probate court but cannot find anyone to assist me in exposing this corruption and recover the money these attorneys stoled from my father's estate against his will and state law.
I am in hopes there is someone out there that has enough honesty and integrity to help me and warn others so that what happened to my father, my brother, and I will not happen to someone else.
I have NUMEROUS documents and recordings to support my case and feel extremely confident I can prove all of the above statements and many more unethical, if not illegal, actions by these attorneys and probate court.
SOMEONE PLEASE HELP!!!! IT COULD HAPPEN TO YOUR FAMILY!!!
Laney
Gardendale, Alabama
U.S.A.
Laney,
Unfortunatley, the courts appear to be like the Birmingham Water Works.... they answer to no one but the media. Contact 33/40's Fighting for you, www.abc3340.com or Fox's 6 On Your Side www.myfoxal.com and let them know your story. Hopefully they can help if enough media attention is given to your story.
David - BIRMINGHAM, Alabama
U.S.A.
I think I have a pretty good idea as to what the other side of this story is, but maybe you could answer a couple of questions for me before I jump to any conclusions.
First, what was the nature of the challenge raised by your "extended family members" regarding the validity of the will?
Second, what reason did the numerous lawyers that you spoke to give you for not wanting to take on your case?
Tim - Valparaiso, IndianaU.S.A.
In answer to Indiana......I am not aware of ANY challenge to the validity of the will. The will was drawn by a personal attorney friend of my father's whom I did not know nor had never met until my father called me to meet him at his friend's office to redo his will. It was also signed by several witnesses. My father's previous will was drawn up by my father's previous attorney in 1995 who also represented the other heir. (There were only two heirs.) I was executrix and had power of attorney on the will my father drew up with this previous attorney also.
In answer to your second question......I was told by the other numerous attorneys that they would not handle legal malpractice cases against another attorney and did not know of anyone that would.
I am curious how anyone could "jump to any conclusions" about the other side of the story unless they were involved in this case.
Deborah - Gardendale, Alabama
U.S.A
Deborah,
I may have came off as dismissive of your claims in my first rebuttal. That was not intentional.
From the information you've given, it sounds like there has been some kind of challenge to your capacity to administer the estate, either mentally or ethically. But that's just the conclusion I draw from the information you've given. Without seeing the court file, I really have no idea what happened in your case.
As for a legal malpractice case, you will likely have a problem with standing. You can't sue a lawyer for malpractice if he wasn't YOUR lawyer. The attorney who drafted the will was your father's lawyer, not yours, at least as regards the estate. As the executrix of the estate you would be able to prosecute claims on behalf of your father. But there seems to be a problem with your status as executrix, so you will likely have a hard time.
It can also be difficult to find an attorney in one locale who will take a case against another attorney in the area. Lawyers depend on the relationships they have with one another and, in most cases, this benefits clients. But when you're pressing a malpractice claim, it can be a big stumbling block. I would advise you to seek counsel outside of your local area, but not so far away that it's impractical.
Best of luck!
Tim - Valparaiso, Indiana
U.S.A.
Update Submitted by the original author
Submitted: 10/13/2006 10:59:15 AM Modified: 10/13/2006 10:59:15 AM
answer to Indiana
You are correct. There was a challenge to my capacity, however, all the claims by my "family" were proven to be totally false. It was proven that there were no unethical or illegal actions performs by me as executrix but were performed by most attorneys involved. I was not removed as executrix as the "familys" claims and slander had no validity and therefore could not be proven. I have no problem with the attorney who drafted my father's will.
It is all the attorneys I had and the other heir's attorney who performed all the illegal and unethical actions and DID NOT honor my father's will or the laws. This allowed them to take a large portion of my father's estate from both myself and the other heir. And you are right, they all protect each other and there is nothing anyone can do to protect themselves from the attorneys. My father's will and power of attorney meant NOTHING!
Never underestimate what "family" members will do to dishonor your will and power of attorney for MONEY. Even though these "family" members were not heirs in the will! If you want your assets to go to your children, or whoever, give it to them BEFORE you die or all the greedy members of your family will give it to the attorneys and the court, even if they were not mentioned in the will!
NEVER underestimate what family members will do for MONEY! Wanted everyone to know so this will hopefully not happen to anyone else.
Deborah
Gardendale, Alabama
U.S.A.
3 Updates & Rebuttals
Deborah
Gardendale,Alabama,
U.S.A.
Horace O'neal was never working for me, my children, or my father's estate
#4Author of original report
Mon, March 09, 2009
In spite of boxes of files I gave Horace to prove my cases, he was never working for me, my children, or my father's estate. He was in contact with my ex-husband, his wife, and I believe other relatives that were not heirs in my father's estate and helping them take my and my brother's inheritance.I believe he was also helping my ex-husband try and take custody of my children. He did not produce multiple documents I gave him concerning my visitation/custody case, did not allow me in the courtroom when he talked to the judge, put my children thru hell, would not let my children testify, would not get reimbursement owed to my family from my ex- husband as ordered by the court which amounted to over $50,000.00, would not inform the judge that my ex-husband had seldom, if never, provided health/dental/life insurance for his children as ordered in 1997, received a credit off his child-support since 1997 for insurance, would not collect his and other attorney fees from my ex-husband as promised and ordered by the court, would not get help with college for my children, would not get child support or insurance for my children during college, and was obviously NOT working for me or my children at all. He also would not prove the perjury of my ex-husband by documents I provided him, or present fraudulent, altered documents sent to court by my ex-husband and wife to the judge to prove that they were fraudulent, including an altered money order sent in by my ex-husband claiming he paid me $1500.00 for attorney fees. I do have the original money order which was for $100.00 to prove this document was fraudulent. I also have evidence to prove other documents sent to court were fraudulent. Horace almost had my children taken away by his dishonesty and helping the other side. He also did not require my ex-husband to produce financials as I had to do just as Jessica Kirk did not.
He would not produce multiple documents to prove my case and the dishonest, illegal actions of others involved in my father's estate and had my father's estate assigned to a "master" against my objections, presence in court, and against my father's will and state law. He would not present my documents to prove my case to the "master" and allowed the "master," and others involved to steal property of my father's estate, steal property that belonged to me, and steal over $100,000.00 in funds owed to me from my father's estate. He did not file the final settlement as ordered by the judge in my father's estate and did not tell me this nor would he provide a copy as I requested. He then resigned from representing me shortly before the court hearing on the final settlement of my father's estate when I told him I wanted him to inform the judge what was going on as he promised or I wanted to release him.( My father's will states that I do not have to file an inventory, accounting, or final settlement with the courts) Horace, nor the "master", Dean Stein,informed me of the hearing of my uncles's estate which involved the illegal acquisition and sales of property of this estate which I was legal executrix of so that I could attend and advise the judge of this theft and other illegal actions of others. This estate was closed out without my knowledge, presence in court, or my approval as legal executrix and heir. I was never present at any hearings concerning this estate, not advised of hearings by Horace, nor was I served any papers by the local sheriff's office concerning these hearings. I have never signed a final settlement concerning this estate as legal executrix or an heir. there were many other unethical, illegal actions preformed by Horace and others involved to numerous to mention in this post. I lost most of my inheritance, property of my father's estate, funds I paid on my property that did not belong to my father's estate, and almost lost my children as a result of this and other dishonest, corrupt attorneys and others. I was accused of lying, stealing, being a unfit mother, and many other false allegations in order for these people to accomplish stealing my inheritance and property of my father's estate and property that belonged to me. Apparently, there is not a honest, decent attorney or other person in Alabama that will help my children and I or get justice for what most involved did to my family.
Deborah
Gardendale,Alabama,
U.S.A.
dishonest, corrupt attorneys
#4Author of original report
Mon, January 05, 2009
I wonder which one of the attorneys is Tim from Indiana!
Deborah
Gardendale,Alabama,
U.S.A.
Attorneys and Probate Court Jefferson County AL
#4Author of original report
Tue, April 15, 2008
It has been discovered that property belonging to my father's estate was acquired and sold illegally by extended "family" members and their attorney, Robert Townes of Gardendale, AL. I was aware of Alabama Estate Law, advised my attorneys of the laws, could not get assistance from most of them, was not advised or served documents regarding hearings concerning my father's estate as executrix of my father's estate. Therefore, I was prevented from attending court hearings and was told I could not represent myself or my father's estate to expose this theft and corruption to the probate judge. Nor was I told of all the false allegations by"family" members (who were not heirs in the estate),my x-husband, his wife, and others so that I could prove these allegations were false and also prove that I did all work and accounting on the estate, I DID NOT perform any unethical or illegal actions in my administration by others involved did, including most of the attorneys. I was forced to sign final settlement with threats of taking more funds and property from me if I did not. I was never advised of hearings concerning the property that was acquired and sold illegally that belonged to my father's estate. Therefore, I could not settle my father's estate for over 3 years because those who took this property illegally from my father's estate had not filed a final settlement on this property. I never signed a final settlement on this property as executrix of this property and an heir as I was prevented from attending court and advising the judge of this corruption. I was also prevented from being present in court in reference to the visitation/custody case my x-husband filed during this time to present documents that proved that all of his statement to the judge were false, prove he had never followed the court order of 1997, owed child support and benefits to his children, had not provided insurance for his children as ordered, would not pay 1/2 of uncovered medical/dental costs for my children, the judge would not order his to, and is currently not doing so. Nor was I allowed to prove that my x-husband presented bogus documents to the court, presented a altered money order in attempts to prove he had paid me funds ordered by the judge that he did not, or prove that he, his wife, and others involved had slandered me which prevented from protecting my father, protecting his assets and property, and settle his estate according to his Power of Attorney and Will. I also believe that the home that I purchased, paid the mortgage on for over 15 years, the deed was in my name only, and the transaction was done by the opposing attorney, (conflict of interest?)was included in my father's estate because my x-husband and extended "family members" THOUGHT that my parents purchased my home! I have sent NUMEROUS documents and my accounting to the Alabama State Bar, the Attorney General's Office, and numerous authorities to prove my claims of property theft, slander, due process of law, conflicts of interest, being prevented from attending court hearins, and other unethical, illegal actions of those involved but have not received any help so far. Anyone have any suggestions in exposing this crime and corruption?