Jeff Adamez - Emergency Isssues regarding Jennifer and Morgan Adamez (8)

People

Richard A. Smith Independent Executor & Trustee of the Estate of Diane S. Adamez, Deceased 12146 Hopes Creek Road College Station, Texas 77845 Richard, I hope this letter finds you well. I am contacti

Aug 12, 2013

Richard A. Smith

Independent Executor & Trustee of the Estate of Diane S. Adamez, Deceased

12146 Hopes Creek Road

College Station, Texas 77845

Richard,

I hope this letter finds you well.

I am contacting you on behalf of the minor children to the Estate of Diane S. Adamez, Deceased.

Specifically I am contacting you on the behalf of Jennifer Marie Adamez (Female, age 15) and Morgan Elizabeth Adamez (Female, age 13).

Both Jennifer and Morgan have medical need that have reached a crisis point which I consider to be a borderline emergency.

Jennifer's Medical Issues:

Jennifer reported to me on Friday, August 9th 2013 that she had a sore in her vagina. She agreed to let me take her to the emergency room so we could address another issue regarding her medications for her bipolar disorder, and if the emergency physician on call was a female she would agree to be checked out.

We were unable to obtain her prescriptions due to the complexity of getting her prescription for Vyvance filled due to the fact that it is a controlled substance, and Jennifer pleaded for me to schedule a regular appointment with a female OB-GYN specialist who works with adolescents in Houston.

This morning, Monday August 12, 2013 she reported to me that she had another sore in her vagina (2 sores now). Now it could be for a number of reasons, but she denied any sexual activity and I believe her. It could be a number of things, she is now wearing tampons and could of injured herself, or it could be the fact that her mother had Herpes which is a concern during child birth because it can be transmitted to newborns that way, or it could be a STD.

Our best hope is to return to Houston to get her back to her psychiatrist and Primary Care Doctor (Dr. Flowers & Dr. Catherine Wright respectively - PCP ), and to find a OB-GYN after a referral from her PCP due to the fact the girls have CHIPS which is a government welfare program.

As you are well aware, Jennifer is a special needs child.

To recap:

• Jennifer needs to see her Psychatrist and PC in Houston to get her medications refilled

• Jennifer needs to see an OB-GYN of her preference for the sores in her vagina.

Jennifer also needs:

• Dental Care: Her teeth are shifting due to her wisdom teeth coming in.

• Vision: Jennifer needs glasses according to her PCP and Jenn is complaining of vision problems

Morgan's Medical Issues:

Morgan started her period 3 months ago, and since that time she has recently reported to me that she had been pulling out her hair since she started her period.

She has visible bald spots on the back of her head, and her middle to hairline parts looks like a bald streak almost an inch wide from the fron to the back of her head.

I have tried to get her into see a Psychiatrist, but it is cost prohibitive for us at the moment due to the cost of starting as a new patient.

She needs to see a doctor, a Psychiatrist and an OB-GYN.

To recap:

• Morgan needs to see a Psychiatrist

• Morgan needs to see an OB-GYN

Morgan also needs:

• Dental Care: Her teeth are shifting and may need braces

I am requesting that the Estate make the funds available for us to:

• Return to Houston with a vehicle to transport the children, the dogs and our belongings back to houston and for daily use. (My car has broken down in corpus)

• Provide for a temporary residence until the children's Homestead property at 4127 Cypress Lake is made available to us. (We are basically homeless at the moment)

• Cover Medical fees and Medical Insurance for the 2 minor children.

• Cover school fees and other ancillary school related needs such as supplies and clothing.

The girls are both starting their first year of high school, and it is important to them and to me that they continue to grow up and live in the area we have been living in. After the loss of their mother, it was inportant to me that they not also lose their friends who have helped them deal with the loss of their mother.

We are anxoiulsy wainting for your response to this matter.

Please call me at 361-857-6358 this evening at 7pm. Please let me know of an alternate time if necessary, but we must have an answer today.

Sincerely,

Jeffrey Adamez

Current Mailing Address:

Jeffrey Adamez

4606 Cobblestone Ln.

Corpus Christi, TX 78411

361-857-6358

Reply, Reply All or Forward |

Aug 13, 2013

Show message history

Jeff:

Morgan has health insurance coverage with CIGNA which is current. I sent you her card shortly after Diane's death. Use it. Her user name is meadamez, her password is cigna27665, her account number is 4700025 and her ID is U40927665 01.

As far as Jennifer is concerned, Norma and I will pay her medical bills and prescriptions. Take her to doctors in Corpus or Houston (your choice) for evaluation and have them send their prescription orders to us. We will purchase the medications and FedEx them to her each month at the address you give us.

We offer complete medical support and higher education support (tuition and fees to an in-state university) to ALL nine grandchildren.

The other things you asked for are your responsibility as their father.

Richard

On Aug 12, 2013, at 2:39 PM, jeff adamez <jeffadamez@yahoo.com> wrote:

Richard A. Smith
Independent Executor & Trustee of the Estate of Diane S. Adamez, Deceased
12146 Hopes Creek Road
College Station, Texas 77845

Richard,

I hope this letter finds you well.

I am contacting you on behalf of the minor children to the Estate of Diane S. Adamez, Deceased.

Specifically I am contacting you on the behalf of Jennifer Marie Adamez (Female, age 15) and Morgan Elizabeth Adamez (Female, age 13).

Both Jennifer and Morgan have medical need that have reached a crisis point which I consider to be a borderline emergency.

Jennifer's Medical Issues:

Jennifer reported to me on Friday, August 9th 2013 that she had a sore in her vagina. She agreed to let me take her to the emergency room so we could address another issue regarding her medications for her bipolar disorder, and if the emergency physician on call was a female she would agree to be checked out.

We were unable to obtain her prescriptions due to the complexity of getting her prescription for Vyvance filled due to the fact that it is a controlled substance, and Jennifer pleaded for me to schedule a regular appointment with a female OB-GYN specialist who works with adolescents in Houston.

This morning, Monday August 12, 2013 she reported to me that she had another sore in her vagina (2 sores now). Now it could be for a number of reasons, but she denied any sexual activity and I believe her. It could be a number of things, she is now wearing tampons and could of injured herself, or it could be the fact that her mother had Herpes which is a concern during child birth because it can be transmitted to newborns that way, or it could be a STD.

Our best hope is to return to Houston to get her back to her psychiatrist and Primary Care Doctor (Dr. Flowers & Dr. Catherine Wright respectively - PCP ), and to find a OB-GYN after a referral from her PCP due to the fact the girls have CHIPS which is a government welfare program.

As you are well aware, Jennifer is a special needs child.

To recap:
• Jennifer needs to see her Psychatrist and PC in Houston to get her medications refilled
• Jennifer needs to see an OB-GYN of her preference for the sores in her vagina.

Jennifer also needs:
• Dental Care: Her teeth are shifting due to her wisdom teeth coming in.
• Vision: Jennifer needs glasses according to her PCP and Jenn is complaining of vision problems

Morgan's Medical Issues:

Morgan started her period 3 months ago, and since that time she has recently reported to me that she had been pulling out her hair since she started her period.

She has visible bald spots on the back of her head, and her middle to hairline parts looks like a bald streak almost an inch wide from the fron to the back of her head.

I have tried to get her into see a Psychiatrist, but it is cost prohibitive for us at the moment due to the cost of starting as a new patient.

She needs to see a doctor, a Psychiatrist and an OB-GYN.

To recap:
• Morgan needs to see a Psychiatrist
• Morgan needs to see an OB-GYN

Morgan also needs:
• Dental Care: Her teeth are shifting and may need braces

I am requesting that the Estate make the funds available for us to:

• Return to Houston with a vehicle to transport the children, the dogs and our belongings back to houston and for daily use. (My car has broken down in corpus)
• Provide for a temporary residence until the children's Homestead property at 4127 Cypress Lake is made available to us. (We are basically homeless at the moment)
• Cover Medical fees and Medical Insurance for the 2 minor children.
• Cover school fees and other ancillary school related needs such as supplies and clothing.

The girls are both starting their first year of high school, and it is important to them and to me that they continue to grow up and live in the area we have been living in. After the loss of their mother, it was inportant to me that they not also lose their friends who have helped them deal with the loss of their mother.

We are anxoiulsy wainting for your response to this matter.

Please call me at 361-857-6358 this evening at 7pm. Please let me know of an alternate time if necessary, but we must have an answer today.

Sincerely,

Jeffrey Adamez

Current Mailing Address:

Jeffrey Adamez
4606 Cobblestone Ln.
Corpus Christi, TX 78411
361-857-6358

Reply, Reply All or Forward |

Richard, Thank you for your quick response. I have read over your response, and I would like to reorder my requests in a numerical list so I can better understand your response to each individual requ

Aug 16, 2013

Richard,

Thank you for your quick response.

I have read over your response, and I would like to reorder my requests in a numerical list so I can better understand your response to each individual request.

But before I start, I want to tell you what I told Sharon the other evening.

Richard, at the moment, I consider the Estate to be family business, and a family matter. It is my intention to have it stay that way.

I have spoken with 32 law firms about 5 specific concerns I have regarding the administration of the estate and they are all telling me pretty much the same thing - that my concerns are legitimate and should be investigated further. I've gone over current Texas Probate Code in depth and reviewed so many cases, rulings and all the advice on the best approach to resolving estate issues.

I will be using the following as a guideline in my effort to resolve the estate issues without litigation:

Resistant/Uncooperative Trustee

If the trustee refuses the beneficiary’srequests and litigation appears likely, the

beneficiary should first consider implementing the following steps.

1. Efforts to Resolve Without Litigation

If the trustee fails to respond to initial requests for information or specific actions, a

written follow up request that is more demanding and specific as to the beneficiary’s legal rights and

the trustee’ duties should be made and should contain a deadline for compliance. A meeting with

the trustee also should be considered to discuss the requests and/or disputed. Bona fide efforts should

be and documented in detail made to attempt to resolve disputes with the trustee in an attempt to

avoid the high cost of trust litigation, put the trustee on notice so that he has an opportunity to act, and

to protect the beneficiary from later accusations of instigating controversy, and to limit the trustee’s

future justifications or defenses. If the trustee provides requested information and possible

problems or concerns are detected, the beneficiary should identify the specific problems and request

specific additional information or action from the trustee. The more extensive the efforts of the

beneficiary to avoid litigation and to act reasonably, the better the chances of prevailing on breach of

fiduciary claims and in preventing the trustee from recovering attorney’s fees out of the trust incurred

in subsequent litigation. Hostility between a trustee and a beneficiary

is not, by itself, a sufficient ground for removal of the trustee. It must be further shown that the

trustee’s hostility does or will affect his performance as trustee. Akin v. Dahl, 661 S.W.2d

911 (Tex. 1983); cert. denied 466 U.S. 938 (1984).

2. Build a Litigation File

While attempting in good faith to resolve disputes, the beneficiary should be building a

“litigation file” that reflects all efforts made to obtain information and resistance encountered from

the trustee. All communications should be well documented and carefully constructed to portray the

beneficiary as reasonable, fair and cooperative and to chronicle all events. The beneficiary should not

send threatening or abusive correspondence, or make unreasonable and unjustified demands. Any

hostility by the trustee toward the beneficiary should be well-documented. In preparing all

correspondence (including emails), it should be presumed that it will be read by a judge or jury.

The litigation file should include any evidence to support potential claims for a breach of fiduciary

duty of disclosure, other breach of fiduciary duty claims, removal of trustee, actual and/or punitive

damages, avoidance of an exculpatory clause, objections to payment of the trustee’s legal fees by

the trust, disgorgement of the trustee’s fees, hostility, incompetence, and a limitation on excuses,

justifications and defenses for the trustee.

The possibility of seeking punitive damages, avoiding an exoneration clause, or requesting fee

disgorgement in an action for breach of fiduciary duty of disclosure should be considered. If the

trustee may have violated these standards of conduct, documentation should be gathered and

correspondence should be geared to reflect and support such claims.

So in my effort to resolve the estate issues without litigation:

I am requesting that the Estate make the funds available for us to:

1.) Cover Medical fees and Medical Insurance for the 2 minor children.

2.) Provide for a temporary residence until the children's Homestead property at 4127 Cypress Lake is made available to us. (We are basically homeless at the moment)

3.) Cover school fees and other ancillary school related needs such as supplies and clothing.

4.) Return to Houston with a vehicle to transport the children, the dogs and our belongings back to houston and for daily use. (My car has broken down in corpus)

Your statement, "The other things you asked for are your responsibility as their father.",
I believe refers to numbers 2,3 & 4.

Regarding 2.) Provide for a temporary residence until the children's Homestead property at 4127 Cypress Lake is made available to us. (We are basically homeless at the moment)

Around May 2013, I discovered the probated will online and went to the courthouse to get a copy of the inventory. The inventory for the Estate of Diane S. Adamez, Deceased states "All known debts, expenses and creditor's claims have been paid", and the total value of all the probate assets is $523,175.

On Schedule A of the Inventory there is Real Property listed and on the detail of Schedule A the children's Homestead property at 4127 Cypress Lake Drive is listed as being owned by the estate.

On the day of Diane's death you told me the children & I we could not stay there at the house on 4127 Cypress Lake Dr because the house was being foreclosed on. You also told me that if I followed Diane's wishes and raised the children myself, that the children and I would be "cut-off" and that I would not be able to turn to you or the family for emotional or financial support.

All of the attorneys I met with agreed that your actions constitute a case for Breach of Fiduciary Duty on your part as Independent Executor & Trustee of the Estate.

The fact that you are a licensed Real Estate Broker requires you to be knowledgeable of Texas Statutes: Exemptions (Homestead Exemptions, the Homestead Act and laws etc.), and I feel that you failed to perform in the minor children's best interest regarding their right to claim the house on 4127 Cypress Lake Drive as their rightful homestead.

I also feel that a conflict of interest may exist due to the fact that you are a professional Real Estate Broker, and that as executor and trustee of an estate with the bulk of the assets being Real Property you could orchestrate actions similar to those you have already engaged in regarding the homestead property at 4127 Cypress Lake Dr., and further deny the minor beneficiaries of their rights as beneficiaries, and further deny the minor children their share of the estate.

So my questions regarding Number 2.) are:

2a.) What is the current status of the property at 4127 Cypress Lake Drive?

2b.) Why is it listed as an asset of the Estate?

2c.) Why does HCAD show Ivy Nixon as the current owner if it is listed on the final Inventory as an asset of the estate?

2d.) Please provide us with an explanation of how the 4127 Cypress Lake Dr Homestead went from a foreclosure that reduced the value of the estate to $0 to being listed as an asset owned free & clear by the Estate.

2e.) Please provide us with an explanation of how you interpret the estate to be worth nothing ($0). Is the Inventory filed incorrect?

Regarding 3.) Cover school fees and other ancillary school related needs such as supplies and clothing.
(and)
Regarding 4.) Return to Houston with a vehicle to transport the children, the dogs and our belongings back to houston and for daily use. (My car has broken down in corpus)

In Article III of Diane's will specifically makes provisions for the Estate to "distribute such minor's share to such minor or for such minors use to ANY PERSON with whom such minor is residing or who has care or control of such minor".

Also, Article V of Diane's will under Section B, Distributions, "from time to time to provide for such Beneficiary's comfort, health, support, maintenance or education"

In Article VII, Guardian Provisions the Trustee is to: "provide, as needed, financial assistance to the Guardians to, among other things, assist the Guardians in obtaining appropriate housing accommodations, finance an addition to an existing residence and provide or the costs of support, medical care, insurance and education for my children". By law I am considered a "natural" Guardian, but a Guardian nonetheless.

So regarding Number 3 & 4.) again the consensus from the attorneys I interviewed is that the requests are appropriate, reasonable and justifiable and we are absolutely entitled to receive funds from the estate for these requests.

So let me again restate:

I am requesting that the Estate make the funds available for us to:

1.) Cover Medical fees and Medical Insurance for the 2 minor children.

2.) Provide for a temporary residence until the children's Homestead property at 4127 Cypress Lake is made available to us. (We are basically homeless at the moment)

3.) Cover school fees and other ancillary school related needs such as supplies and clothing.

4.) Return to Houston with a vehicle to transport the children, the dogs and our belongings back to houston and for daily use. (My car has broken down in corpus)

Since the first day of high school for the girls is August 26th, we need to get back to Houston ASAP to get Jennifer's meds taken care of, shop for school supplies, clothes and get the girls registered for high school and pay all fees for their laptops, etc.

I expect you to have a rental vehicle ( a Tahoe or similar sized vehicle) ready for us to pick up tomorrow here in Corpus Christi, and cash funds to pay for a weekend stay at the Marriott across from The Woodlands Mall so the girls can have a mini vacation and cash funds so we can get their school clothes shopping done and for all school fees and supplies. Be sure to get accommodations for the 2 dogs as well, they are part of the family.

I expect you to have temporary housing in place for us by August 23rd 2013. The temporary home must be equal in square footage and amenities as the home on 4127 Cypress Lake Drive.

If you cannot deliver all of these requests by the times and dates specified, I will commence with step "2. Build a Litigation File" to resolve the estate issues without litigation, and any and all correspondence will be conducted via certified return receipt mail and documented for the Litigation File and I will start the formal process to obtain an "Accounting from Independent Executor":

Accounting from Independent Executor:
A beneficiary may demand an accounting of an estate from the independent executor after the
expiration of fifteen months from the date of the executor’s appointment. TEX.PROB.CODE §149A.

The independent executor must furnish a sworn accounting setting forth “in detail” the following:
a. The property belonging to the estate which has come into his hands as executor.
b. The disposition that has been made of such property.
c. The debts that have been paid.
d. The debts and expenses, if any, still owing by the estate.
e. The property of the estate, if any, still remaining in his hands.
f. Such other facts as may be necessary to a full and definite understanding of the exact condition of the estate.
g. Such facts, if any, that show why the administration should not be closed and the estate distributed.

Types of Actions and Remedies
There are numerous types of actions that the issues described above may give rise to, including
a suit to compel an accounting under TEXAS TRUST CODE § 113.152, a suit to remove a trustee under
TEXAS TRUST CODE §113.082, a suit to compel proper distributions and/or disclosure, a suit to
redress or prevent future breaches of fiduciary duties, a suit for declaratory judgment under TEX.
CIV. PRAC. & REM CODE § 37.005 to construe the trust or to resolve disputed issues, a petition for
instructions under TEXAS TRUST CODE § 115.001, a petition for judicial modification or termination of
a trust under TEXAS TRUST CODE § 112.054.
TRUST CODE SECTION 114.008 provides the following remedies for a breach of trust that has
occurred or “might occur”:
(1) compel the trustee to perform the trustee’s duty or duties;
(2) enjoin the trustee from committing a breach of trust;
(3) compel the trustee to redress a breach of trust, including compelling the trustee to pay money or to restore property;
(4) order a trustee to account
(5) appoint a receiver to take possessionof the trust property and administer the trust;
(6) suspend the trustee;
(7) remove the trustee as provided under Section 113.082;
(8) reduce or deny compensation to the trustee;
(9) subjecttoSubsection (b), void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property of which the trustee wrongfully disposed and recover the property of the proceeds form the property;
or
(10) order any other appropriate relief.

Please contact me by 8pm this evening and let me know what your decision is. Call me at 361-857-6358. or text your response to my iPhone. The girls and I are eagerly awaiting your response.

Sincerely,

Jeffrey Adamez
361-857-6358

references:
********************************************************************************************

B. Protection from Creditor Claims:

Probate Code § 270.

The Texas Probate Code generally protects a

homesteads as a creditor exempt asset. Save

and except for seven (7) enumerated

exceptions, Section 270 of the Texas

Probate Code explicitly states “The

homestead shall not be liable for the

payment of any debts of the estate….” This

is, of course, dependent on the existence of

one of the requisite homestead-right

claimants (spouse, minor child, or adult

unmarried child living on the homestead

with decedent prior to decedent’s death). If

the decedent is survived by any of the family

members entitled to the protection, the

homestead property is not subject to the

decedent’s debts and creditor claims.

********************************************************************************************

C. The Right of Occupancy: Probate

Code §§ 282-285.

In addition to the right of the decedent’s

homestead to pass free from creditor claims,

the Texas Probate Code also provides a

statutory right of occupancy of the

homestead by the decedent’s spouse and

minor children -- whether or not decedent

wills the house to the spouse or children.

National Union Fire Insurance Co. v. Olson,

920 S.W.2d 458 (Tex.App—Austin 1996,

no writ).

In Olson, Decedent died testate with an adult

son, and a minor daughter who lived with

the Decedent’s ex-wife. Decedent left his

homestead to his adult son. A judgment

creditor sought to recover its judgment

against the homestead as the minor child did

not occupy the homestead. The Austin

Court of Appeals noted that the minor

child’s right to occupy the homestead “is

distinct from the right to have the property

descend free and clear of the debts of the

decedent. With respect to the latter, the

mere existence of [the minor child] is

sufficient to cause the homestead to descend

free from debt” regardless of whether the

minor’s guardian chooses to assert the minor

child’s right to occupy the homestead. Id.

The Court concluded “Thus, one who

inherits the decedent’s homestead property

[in these circumstances] receives the

requirement of the Texas Constitution because

it was not signed at a lender’s office,

attorney’s office, or title company, and the

homestead exemption is good as against the

pool claim.

property free from debts of the decedent

even though the heir may have no

immediate right of occupancy.”

Show message history

From: Richard Smith <rsmith@cbunited.com>
To: jeff adamez <jeffadamez@yahoo.com>
Sent: Tuesday, August 13, 2013 10:16 AM
Subject: Re: Jeff Adamez - Emergency Isssues regarding Jennifer and Morgan Adamez

On Aug 12, 2013, at 2:39 PM, jeff adamez <jeffadamez@yahoo.com> wrote:

Richard A. Smith
Independent Executor & Trustee of the Estate of Diane S. Adamez, Deceased
12146 Hopes Creek Road
College Station, Texas 77845

Richard,

I hope this letter finds you well.

I am contacting you on behalf of the minor children to the Estate of Diane S. Adamez, Deceased.

Specifically I am contacting you on the behalf of Jennifer Marie Adamez (Female, age 15) and Morgan Elizabeth Adamez (Female, age 13).

Both Jennifer and Morgan have medical need that have reached a crisis point which I consider to be a borderline emergency.

Jennifer's Medical Issues:

Jennifer reported to me on Friday, August 9th 2013 that she had a sore in her vagina. She agreed to let me take her to the emergency room so we could address another issue regarding her medications for her bipolar disorder, and if the emergency physician on call was a female she would agree to be checked out.

We were unable to obtain her prescriptions due to the complexity of getting her prescription for Vyvance filled due to the fact that it is a controlled substance, and Jennifer pleaded for me to schedule a regular appointment with a female OB-GYN specialist who works with adolescents in Houston.

This morning, Monday August 12, 2013 she reported to me that she had another sore in her vagina (2 sores now). Now it could be for a number of reasons, but she denied any sexual activity and I believe her. It could be a number of things, she is now wearing tampons and could of injured herself, or it could be the fact that her mother had Herpes which is a concern during child birth because it can be transmitted to newborns that way, or it could be a STD.

Our best hope is to return to Houston to get her back to her psychiatrist and Primary Care Doctor (Dr. Flowers & Dr. Catherine Wright respectively - PCP ), and to find a OB-GYN after a referral from her PCP due to the fact the girls have CHIPS which is a government welfare program.

As you are well aware, Jennifer is a special needs child.

To recap:
• Jennifer needs to see her Psychatrist and PC in Houston to get her medications refilled
• Jennifer needs to see an OB-GYN of her preference for the sores in her vagina.

Jennifer also needs:
• Dental Care: Her teeth are shifting due to her wisdom teeth coming in.
• Vision: Jennifer needs glasses according to her PCP and Jenn is complaining of vision problems

Morgan's Medical Issues:

Morgan started her period 3 months ago, and since that time she has recently reported to me that she had been pulling out her hair since she started her period.

She has visible bald spots on the back of her head, and her middle to hairline parts looks like a bald streak almost an inch wide from the fron to the back of her head.

I have tried to get her into see a Psychiatrist, but it is cost prohibitive for us at the moment due to the cost of starting as a new patient.

She needs to see a doctor, a Psychiatrist and an OB-GYN.

To recap:
• Morgan needs to see a Psychiatrist
• Morgan needs to see an OB-GYN

Morgan also needs:
• Dental Care: Her teeth are shifting and may need braces

I am requesting that the Estate make the funds available for us to:

• Return to Houston with a vehicle to transport the children, the dogs and our belongings back to houston and for daily use. (My car has broken down in corpus)
• Provide for a temporary residence until the children's Homestead property at 4127 Cypress Lake is made available to us. (We are basically homeless at the moment)
• Cover Medical fees and Medical Insurance for the 2 minor children.
• Cover school fees and other ancillary school related needs such as supplies and clothing.

The girls are both starting their first year of high school, and it is important to them and to me that they continue to grow up and live in the area we have been living in. After the loss of their mother, it was inportant to me that they not also lose their friends who have helped them deal with the loss of their mother.

We are anxoiulsy wainting for your response to this matter.

Please call me at 361-857-6358 this evening at 7pm. Please let me know of an alternate time if necessary, but we must have an answer today.

Sincerely,

Jeffrey Adamez

Current Mailing Address:

Jeffrey Adamez
4606 Cobblestone Ln.
Corpus Christi, TX 78411
361-857-6358

Reply, Reply All or Forward |

Richard, I did not receive your text until after 5pm today. Please use this email address to correspond on this matter. Here is the text I received from you this afternoon: Richard A. Smith: "I am mee

Aug 20, 2013

Richard,

I did not receive your text until after 5pm today. Please use this email address to correspond on this matter.

Here is the text I received from you this afternoon:

Richard A. Smith: "I am meeting with the attorneys at 4 this afternoon. I have three questions for you Do you have a job? Have you complied with your obligation under the divorce decree to pay child support? How much do you receive each month from the Social Security Administration?"

Although you have not answered the questions in the previous email I sent ( in particular is the status of the children's homestead at 4127 Cypress Lake Drive ), I will gladly respond to your questions after I update you with our plans to return to Houston for the start of the girls high school years.

We have a ride back to Houston and will be dropped off at separate locations in Houston on Wednesday August 21st, Jenn, Morgan & myself and the dogs will stay separately with friends. Jenns friends will drive us around as needed to get the girls registered, some shopping done, and to Jenn's Dr appointments. Saturday August 24th, I will be checking us into to a extended stay hotel within the Klein Collins or Klein Oak high school attendance zones - we are still undecided at the moment even though the girls are pretty much preregistered for Klein Oak. By living in the attendance zone, the girls will have bus service to and from school. The first day of school for the girls is Monday August 26th.

I will do what I can to find remote work and build up enough savings to get us in a house and eventually transportation. Housing is going to be a major issue and requires a security deposit and first & last months rent or more no doubt with multiple evictions on my report. The mustang will require about $2000 to repair transmission & drivetrain issues - I cannot drive the car over 50mph. It is unsafe on the interstate with 70 mph speed limits.

I have cash on hand for about a month at the extended stay. If we run into hard times after a month we will split up again and rotate to different friends weekly until we make it or until we give up completely & return to Corpus to stay at my moms.

We do not want to stay in Corpus. The girls, the dogs & I stay with my mom mostly.

My mother is driving us crazy. She lives in a 3 bedroom house and the house is full of stuff that belongs to dead people ( my father & grandmother ), and to a 28 year old granddaughter that is never coming home to live here again. All the dressers, closets and space is packed with their belongings. What is worse is that she yells at the girls for leaving their stuff out when they have absolutely no dressers or drawers or closet space or shelf space, and she is jealous of the attention I give to the girls.

Of course my mom is still not recovered from the death of her mother at the beginning of July, and my cousin, her niece just died last week falling down the stairs in her million dollar home. Plus mom was diagnosed with Diabetes and High Blood pressure & she is non compliant with her meds. So mom is pretty much crazy. Mom may not be so great at hosting us, but she has been incredible helping us financially the last few months.

My sister and her husband have opened her home to the girls, but the dogs are canine non grata, so the dogs and I mostly stay at mom & I rotate the girls out on the weekends so my sister & her husband can have some peace & quiet.

Our last resort is to live in Corpus. The people are just plain mean & I do not want the girls going to high school here.

There is a reason I am telling you this. The point of all this is that we do have options (Options A B C D E F & G to be exact), but

the options for us that take priority are OPTIONS THAT KEEP US TOGETHER AS A FAMILY INCLUDING THE DOGS.

Actually another reason I am telling you this is because the girls told me you were planning to take them shopping this weekend I believe & wanted you to know that we will be in Houston & we can meet or I can drop the girls off at the Woodlands Mall.

**************************************

Regarding the questions in your text:

Question "A": "Do you have a job?"

Please do not take this as me being flippant, but I have not seen anything in current Texas Probate or Trust Code or Family Law that requires me to have a "job".

Therefore I must inquire if you are asking me if I have a job because there is a stipulation in the memorandum or codicil or an attachment to the will that specifies this stipulation for a trust or trusts that have been set up on behalf of the beneficiaries.

If it is a stipulation or condition of the trust, then I respectfully request:

1.) Any and all memorandums or codicils or attachments to the will for the Estate of Diane Smith Adamez so I can ascertain for myself or with counsel whether or not there is a stipulation in any of the trusts requiring me to have a job.

TEX.PROB.CODE §149A - f. Such other facts as may be necessary to a full and definite understanding of the exact condition of the estate.

2.) An accounting of any and all trusts.

Texas Trust Code 113.151

3.) An accounting of the estate (including non-probate assets) from the independent executor to include the items below:

TEX.PROB.CODE §149A -Accounting from Independent Executor:

A beneficiary may demand an accounting of an estate from the independent executor after the

expiration of fifteen months from the date of the executor’s appointment. TEX.PROB.CODE §149A.

The independent executor must furnish a sworn accounting setting forth “in detail” the following:

a. The property belonging to the estate which has come into his hands as executor.

b. The disposition that has been made of such property.

c. The debts that have been paid.

d. The debts and expenses, if any, still owing by the estate.

e. The property of the estate, if any, still remaining in his hands.

f. Such other facts as may be necessary to a full and definite understanding of the exact condition of the estate.

g. Such facts, if any, that show why the administration should not be closed and the estate distributed.

4.) In addition please include a list of any and all insurance policies or non-probate assets that list Diane M (Marie) Smith as the policy owner or that pay out to her estate where you or anyone in the family or the children are beneficiaries.

5.) Please list any and all corporate or business entities, properties,non-probate assets, etc. that list Diane M (Marie) Smith as an owner or with ownership interest

FOR YOUR REFERENCE:

TEXAS TRUST CODE

Unless required by the trust instrument, a trustee has no duty to make periodic accountings to

the beneficiaries under Texas law. However, the Texas Trust Code gives a beneficiary the right to

demand a written accounting of all of the trust transactions from inception or since the last

accounting.

TEXAS TRUST CODE § 113.151. Except in unusual circumstances, a trustee is not required to

provide an accounting more frequently than once every 12 months. If the trustee fails or refuses to

provide an accounting within 90 days, the beneficiary may file suit to compel the trustee to

provide the accounting. If the beneficiary is successful, the court may order the trustee in his

individual capacity to pay all of the beneficiary’s attorney’s fees. Id.

An “interested person” also may file suit to compel the trustee to provide an accounting. The

court will order the trustee to account if it finds that“the nature of the interest in the trust of, the claim

against the trust by, or the effect of the administration of the trust on the interested person

is sufficient to require an accounting by the trustee.” Tex. Trust Code §113.151(b).

An “interested person” includes a trustee, beneficiary, or any other

person having an interest in or claim against the trust or any person who is affected by the

administration of the trust. “Whether a person, excluding a trustee or named beneficiary, is an

interested person may vary from time to time and must be determined according to the particular

purposes of and matter involved in any proceeding.”

Tex. Trust Code §111.004(7).

Texas Probate Code -

Accounting from Independent Executor:

A beneficiary may demand an accounting of an estate from the independent executor after the

expiration of fifteen months from the date of the executor’s appointment. TEX.PROB.CODE §149A.

The independent executor must furnish a sworn accounting setting forth “in detail” the following:

a. The property belonging to the estate which has come into his hands as executor.

b. The disposition that has been made of such property.

c. The debts that have been paid.

d. The debts and expenses, if any, still owing by the estate.

e. The property of the estate, if any, still remaining in his hands.

f. Such other facts as may be necessary to a full and definite understanding of the exact condition of the estate.

g. Such facts, if any, that show why the administration should not be closed and the estate distributed.

Types of Actions and Remedies

There are numerous types of actions that the issues described above may give rise to, including

a suit to compel an accounting under TEXAS TRUST CODE § 113.152, a suit to remove a trustee under

TEXAS TRUST CODE §113.082, a suit to compel proper distributions and/or disclosure, a suit to

redress or prevent future breaches of fiduciary duties, a suit for declaratory judgment under TEX.

CIV. PRAC. & REM CODE § 37.005 to construe the trust or to resolve disputed issues, a petition for

instructions under TEXAS TRUST CODE § 115.001, a petition for judicial modification or termination of

a trust under TEXAS TRUST CODE § 112.054.

TRUST CODE SECTION 114.008 provides the following remedies for a breach of trust that has

occurred or “might occur”:

(1) compel the trustee to perform the trustee’s duty or duties;

(2) enjoin the trustee from committing a breach of trust;

(3) compel the trustee to redress a breach of trust, including compelling the trustee to pay money or to restore property;

(4) order a trustee to account

(5) appoint a receiver to take possession of the trust property and administer the trust;

(6) suspend the trustee;

(7) remove the trustee as provided under Section 113.082;

(8) reduce or deny compensation to the trustee;

(9) subject to Subsection (b), void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property of which the trustee wrongfully disposed and recover the property of the proceeds form the property;

(10) order any other appropriate relief.

Nonprobate Assets:

Only property owned by the decedent at death can be disposed of by a will. A will cannot dispose of “non probate

assets” assets which pass at death other than by will or intestacy.The principal types of non probate assets include property passing by contract,

property passing by survivorship, and property held in trust.

Property passing by contract includes life insurance proceeds, IRAs, and employee benefit plan proceeds, such as

the proceeds payable under a pension, profit-sharing, or employee retirement plan.These assets pass outside the will to

the persons named by the decedent in the appropriate beneficiary designations. Thus, it is important to periodically

review the beneficiary designations with respect to these type of assets and to update them as necessary.

Property held by the decedent and another person as joint tenants with right of survivorship or in a pay on death

account passes outside the will directly to the survivor. Survivorship assets typically include certain types of bank

accounts,certificates of deposit, stocks and bonds, and certain savings bonds issued by the United States Government,

such as Series EE savings bonds.

Another category of property that passes outside of probate is property held in a trust for the benefit of the decedent.

The trust may have been created by the decedent during his or her lifetime for property management purposes or

by someone else, such as a parent of the decedent.Trust assets pass under the terms of the trust rather than under the

terms of the decedent’s will.

It is important to determine the extent of one’s nonprobate assets when planning the disposition of one’s property

at death. If a substantial portion of the assets are non probate assets that do not pass under the will,even a well-drafted

will may be insufficient to carry out the testator’s intent in disposing of his or her property

Regarding the Will and Trusts - No Absolute Discretion:

Despite language in the trust instrument that

the trustee has “sole and absolute discretion” to

determine distributions in accordance with a

specified standard, there is no such thing as absolute

discretion. This well-settled principle has now been

codified in the Texas Trust Code. New Trust Code

Section 113.029(a) (effective 9/1/09), states:

Notwithstanding the breadth of

discretion granted to a trustee in the

terms of the trust, including the use

of terms such as “absolute,” “sole,”

or “uncontrolled,” the trustee shall

exercise a discretionary power in

good faith and in accordance with

the terms and purposes of the trust

and the interests of the beneficiaries.

Surviving parent - Divorced or Not:

If only one parent and brothers or sisters survive, separate personal and real property passes one-half to the

surviving parent and the remaining one-half is divided equally among the brothers and sisters or their

descendants. However, if no brothers or sisters or their descendants survive, then all separate property passes

to the surviving parent

Fiduciary Duties

Under Texas law, a trustee has a fiduciary duty to exercise ordinary skill and prudence in managing and investing trust assets. A trustee also has a duty of loyalty and fidelity, duty of good faith and fair play, and duty of confidentiality. This means a trustee is not allowed to make speculative investments and must generally diversify investments to reduce the risk of the trust's assets losing value. A trustee must also exhibit total loyalty to trust beneficiaries and avoid conflicts of interest.

Damages

A trustee who breaches a fiduciary duty and causes harm to the beneficiaries is liable for monetary damages, so the beneficiaries can be made as close to whole as possible. The trustee will be liable for the difference between benefits the beneficiaries actually receive from the trust and benefits the beneficiaries would have received without the breach.

So to answer your question, Question A: " Do I have a job?"

I currently do not have a 9-5 job. I resigned from my last position as a software developer after 14 months due to the fact that my employer, even though they knew I had a special needs child when they hired me, had become increasingly unhappy with my having to leave early to pick up or take the girls to school or personal events & business ( choir, orchestra, school events,dr. appts or leaving because jenn was having a crisis due to her bipolar disorder ). They wanted me to come in earlier in the morning as well even though at the start of the job we agreed that my hours would be 9:30AM to 6:30PM. I agreed to come in at 8:30AM but after 6 weeks and jenn missing the bus 6 times we agreed it would be best if I resigned.

I secured a contract & was active on the project until April 2013 and I have not had an active contract since then. I declined a couple of contracts due to the fact that we were about to be evicted & I couldn't commit the time necessary to meet the deadline the client was requesting. Over this summer after we came to came to Corpus, I have been "vacationing" if you will from having to raise two teenage girls, one a special needs child, on my own, as a single father without any help from your side of the family or from the beneficiaries' estate for that matter.

I am a software developer. I have been programming for over 35 years. I have done very well in my career and you know it. I can easily get a job with a $80K salary. I can get a job with a $100k salary. The fact is that you cant have a 9-5 job that pays that much and raise one special needs teenage girl and her sister who is also a teenage girl, because there is just not enough time in a day to get everything done, and one or the other is going to suffer, and in my case, the girls are the priority. I'm sure I could do it if I had a wife to help. But I don't have a wife and I haven't met anyone good enough to be a part of our lives.

I do have a new rapid application development framework software for responsive web applications that I have recently released and two clients on the back burner that I postponed for project work until we return to Houston & get settled. I'd like you to review my latest software offering in you are interested. You can see it here: http://behance.net/aesware. Here is my resume: http://www.linkedin.com/in/aesware/.

To give you a better understanding, google PSDtoHTML. It is a lucrative business model. I take it a step further, RAD Frameworks in a nutshell is "PSDtoHTMLtoWEB APPLICATION" and delivers a fully functional application. Since I sell the source code along with it, I have been targeting a business model similar to ProductCart.com - target my sales to graphic design shops, web designers wanting to move into development, along with a reseller and authorized service provider model. I would like to do this full-time, but I really need a developer, a project manager, a sales manager & answering service and marketing campaign. If you would like to help me as a mentor, a silver fox or angel investor you are welcome to. I could use business advice from you.

For almost 3 years, I have single-handedly provided EVERYTHING for the girls. When school is in session, I am up every morning to cook a real breakfast for them and get them out the door on the bus or drive them if jenn is having trouble getting up because of her medications. When I got home from work, I would check their assignments & help with their homework and all home projects. Then I cook dinner for all of us. Then I clean the kitchen & check on laundry. Then I spend time with them & make sure Jenn takes her meds on time so she isn't too tired in the morning. 7x24x365. Almost 3 years now I have been doing this pretty much all on my own with nobody's help.

So to answer your question, NO I DO NOT HAVE A JOB.

**************************************

Question B: "Have you complied with your obligation under the divorce decree to pay child support?"

Under the divorce decree? The divorce decree states that I pay $300 a month for child support.

Three days before Diane and I went to divorce court, she came to my place and she confessed to me the real reason she filed for divorce. She accepted full responsibility for her actions against me and all the harm she had done and in return she told me that she would never seek or try to collect any child support payments from me ever.

It was a verbal agreement. I have 3 adult witnesses that will testify to the fact that she told them that she would not make me pay child support.

That is why, up until she died, she never asked me for any child support. She never filed a complaint or took any action to collect child support. She was true to her word. You know this.

I am well aware of what you are implying because I ran across this in my studies of TEXAS PROBATE CODE & FAMILY LAW.

I would be more than happy to appear in court to plead my case.

So lets say that the courts find that I am still liable for child support even with the verbal agreement in place with witnesses.

Sec. 154.009. RETROACTIVE CHILD SUPPORT. (a) The court may order a parent to pay retroactive child support if the parent:

(1) has not previously been ordered to pay support for the child; and

(2) was not a party to a suit in which support was ordered.

(b) In ordering retroactive child support, the court shall apply the child support guidelines provided by this chapter.

(c) Unless the Title IV-D agency is a party to an agreement concerning support or purporting to settle past, present, or future support obligations by prepayment or otherwise, an agreement between the parties does not reduce or terminate retroactive support that the agency may request.

(d) Notwithstanding Subsection (a), the court may order a parent subject to a previous child support order to pay retroactive child support if:

(1) the previous child support order terminated as a result of the marriage or remarriage of the child's parents;

(2) the child's parents separated after the marriage or remarriage; and

(3) a new child support order is sought after the date of the separation.

(e) In rendering an order under Subsection (d), the court may order retroactive child support back to the date of the separation of the child's parents.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 4, eff. Sept. 1, 2001.

Diane & I divorced June 2005, and she passed on Oct 2010.

So that is 5 years & 4 months of retroactive child support if ordered by the court.

64 (months) x $300 = $19200

So to answer Question B: "Have you complied with your obligation under the divorce decree to pay child support?"

I believe I have complied with the divorce decree, and I'm willing to have the estate take me to court if that is what you think is best.

***************************************

Question C: How much do you receive each month from the Social Security Administration?"

Again, please do not take this as me being flippant, but I have not seen anything in current Texas Probate or Trust Code or Family Law that requires me to disclose to the executor or trustee of an estate or trust how much the girls receive each month from the Social Security Administration (you must be referring their mother's SSI Death Benefit)

Therefore I must inquire if you are asking me how much the girls receive each month from the Social Security Administration (their mother's SSI Death Benefit) because there is a stipulation in the memorandum or codicil or an attachment to the will that specifies this stipulation for a trust or trusts that have been set up on behalf of the beneficiaries.

If it is a stipulation or condition of the trust, then I respectfully request any and all memorandums or codicils or attachments to the will for the Estate of Diane Smith Adamez so I can ascertain for myself or with counsel whether or not there is a stipulation in any of the trusts requiring me to disclose how much the girls receive each month from the Social Security Administration. (their mother's SSI Death Benefit)

I will go ahead and disclose the monthly amount the girls receive each month from their mother's death benefit on good faith that you will provide me with the above referenced documents (memorandums or codicils or an attachments to the will)

Combined, the amount the girls receive each month is $1,426. Keep in mind that Jennifer's medications cost per month are $1,276. I have 21 months that I paid cash for her meds, 11 months welfare paid for. I have spent cash out of my pocket for jenns medications alone totaling approximately $27,000. I believe I owe over $10,000 for jenns miscellaneous medical bills still to date.

*********************

IN CLOSING:

I spent this afternoon with an attorney that specializes in FAMILY ALLOWANCE litigation, at least that is what I was inquiring about with him today.

My next order of business is to secure the FAMILY ALLOWANCE that we are entitled to, and that you again, as executor and trustee of the estate,

with a fiduciary duty to the beneficiaries, and especially to the minor beneficiaries, which you have failed to inform us of in a timely manner.

Setting Allowances

In both independent and dependent administrations, the personal representative of the estate

is required to set certain allowances as required by the Code. In a dependent administration, such allowances

are set by application and order of the Court. In an independent administration, the personal representative

of the estate sets the allowances without approval of the Court. Allowances such as the family allowance,

allowance in lieu of exempt assets and allowance in lieu of homestead can allow the surviving spouse and

children to retain more assets of the estate. Consequently, personal representatives must always be

aware of the necessity for setting such allowances.

1. Family Allowance.

Time For Setting. Probate Code Section 286 provides that immediately after the inventory,

appraisement and list of claims has been approved, the Court shall fix the family allowance for the support of

the surviving spouse and minor children of the deceased. However, before approval of the inventory,

a surviving spouse and any person who is authorized to act on behalf of the minor child of the deceased, may

apply to the Court for the family allowance by filing an application and a verified affidavit describing the

amount necessary for the maintenance of the surviving spouse and minor children for one year after the date of

death of the decedent, and describing the spouse’s separate property and any property the minor children

have in their own right. The applicant bears the burden of proof by a preponderance of the evidence at any

hearing on the application. The Court shall fix the family allowance for the support of the surviving spouse

and minor children of the deceased.

Amount of Allowance. Probate Code Section 287 provides that the amount of the allowance shall be

sufficient for the maintenance of the surviving spouse and minor children for one year from the time of death

of the testator or intestate. The allowance shall be fixed with regard to the facts and circumstances then existing

and those anticipated to exist during the first year. The allowance may either be paid in a lump sum or in

installments as the Court shall order. The family allowance is a community debt and therefore will be

satisfied in part out of the surviving spouse’s half of the community assets under administration. Miller v.

Miller, 235 S.W.2d 624 (Tex. 1951). No allowance shall be made for the surviving spouse when the

survivor has separate property adequate for the survivor's maintenance, nor shall such allowance be

made to the minor children when they have property in their own right adequate for their maintenance. TEX.

PROB.CODE § 288. However, it appears that at least one court does not consider property inherited by the

surviving spouse, or non-probate assets such as life insurance received by the surviving spouse as a result of

the death of the decedent, when setting the allowance, although there was no holding to this effect by the Court.

Payment of Allowance. The family allowance shall be paid in preference to all other debts or charges

against the estate except Class 1 claims. TEX. PROB. CODE § 290. The family allowance shall be paid as

follows: (a) to the surviving spouse if there is a surviving spouse for the use of the surviving spouse and

the minor children if such children be the surviving spouse’s children; (b) if the surviving spouse is not the

parent of such minor children or of some of them, the portion of such allowance necessary for the support of

such minor children of which the surviving spouse is not the parent shall be paid to the guardian or guardians

of such child or children; © if there be no surviving spouse, the allowance to the minor child or children

shall be paid to the guardian or guardians of such minor child or children; and (d) if there be a surviving spouse

and no minor children, the entire allowance shall be paid to the surviving spouse. TEX. PROB. CODE § 291.

Delivery of Allowances. Probate Code Section 275 provides that the allowance in lieu of exempt property

shall be paid as follows: (1) if there be a surviving spouse and no children, or if all of the children are the

children of the surviving spouse, the whole shall be paid to the surviving spouse; (2) if there be children and no

surviving spouse, the whole shall be paid to and equally divided among them if they be of lawful age, but if any

of such children are minors, their share shall be paid to their guardian; and (3) if there be a surviving spouse

and children of the deceased, some of whom are not the children of the surviving spouse, then the surviving

spouse shall receive one-half (½) of the whole plus the shares of the children of whom the survivor is the

parent, and the remaining share shall be paid to the children of whom the survivor is not the parent, or if

they are minors, to their guardian.

§ 676. GUARDIANS OF MINORS. (a) Except as provided by Section 680 of this code, the selection of a guardian for a minor is governed by this section. (b) If the parents live together, both parents are the natural guardians of the person of the minor children by the marriage, and one of the parents is entitled to be appointed guardian of the children's estates. If the parents disagree as to which parent should be appointed, the court shall make the appointment on the basis of which parent is better qualified to serve in that capacity. If one parent is dead, the survivor is the natural guardian of the person of the minor children and is entitled to be appointed guardian of their estates. The rights of parents who do not live together are equal, and the guardianship of their minor children shall be assigned to one or the other, considering only the best interests of the children. (c) In appointing a guardian for a minor orphan: (1) if the last surviving parent did not appoint a guardian, the nearest ascendant in the direct line of the minor is entitled to guardianship of both the person and the estate of the minor;

I am in the process of assembling the application and a verified affidavit describing the

amount necessary for the maintenance of the surviving spouse and minor children for one year after the date of

death of the decedent, and describing the spouse’s separate property and any property the minor children

have in their own right.

Here is a rough outline of my thoughts on Family Support:

Amount necessary for the maintenance of the surviving spouse and minor children for one year after the date of death of the decedent:

This message has been truncated

Show Full Message

Reply, Reply All or Forward |

----- Forwarded Message ----- From: jeff adamez <jeffadamez@yahoo.com> To: "rsmith@cbunited.com" <rsmith@cbunited.com> Cc: "nsmith@cbunited.com" <nsmith@cbunited.com> Sent: Tuesday, August 20, 20

Aug 20, 2013

Show message history

----- Forwarded Message -----
From: jeff adamez <jeffadamez@yahoo.com>
To: "rsmith@cbunited.com" <rsmith@cbunited.com>
Cc: "nsmith@cbunited.com" <nsmith@cbunited.com>
Sent: Tuesday, August 20, 2013 6:34 AM
Subject: 8-20-2013 Fw: Jeff Adamez - Emergency Isssues regarding Jennifer and Morgan Adamez