Georgia  |  Wills and Trusts

Legal Question

Asked on: 6/29/13, 5:44 pm

My fiance passed away almost 3 years ago. We actually had lived together for 14 years at the time. We have a son together who was 10 at the time. We always meant to get married but I kept putting it off for stupid reasons. Anyway, we had always filed our taxes together and the April after his death I did the same. I filed through Turbo Tax online. I filed my fiance as head of household, as he usually did, and my son and I as dependents. We had a refund due us for $5400.00. I opened an account online with Suntrust in my name for the money to be direct deposited in to. Turbo Tax approved the filing and how I did it all. A few days later the money was in the account and I was told by a bank rep on the phone that I could use it that day. Long story short, this one asst. manager ended up putting me through hell every day for weeks. Ended up, she wouldn't let me have the money and I received a letter stating that my account had been closed and the money moved to their "safe". We were evicted because of this. Due to severe money problems since my fiancee's death, It took me 2 years to finally be able to get the Letters of Administration which is what the bank and the court told me I needed to definitely get the money. The judge knows my situation and even waived the filing fees allowing me to pay them after I got the money from Suntrust. On June 14, the Judge signed the final Order or the Letters of Admin. or whatever you call them while I waited so I could go directly to the bank, which I did. They told me the money was in a "special place" and they would have to look over the judge's order and such. The court clerk told me it was ok if they took a few days to let their legal team do that but that they would have to give me the money after that. The clerk said it should take them no more than just a few days to do that. June 14th was a Friday and on Monday, June 17th the bank's service manager from that branch called me to verify my ad dress cause she said the check was being mailed to me that very day. I checked my mail every day and when I called her back after of few days of not receiving it, she assured me it had been mailed. Thursday of that week, I called her again and she told me she had been wrong and that the check had been mailed to another bank office instead to be checked out by the people there and that it was being mailed to me the next day which would be Friday, June 21. Again, I have checked the mail every day check. I called her again this past Thursday, June 27 and she again assured me that the check had definitely been mailed to me last Friday, June 21. I asked her for some kind of tracking info and she said she would call and get it for me and call me back. After never hearing back from her before the bank closed that day, and leaving several messages, she finally called me that evening and said there was no tracking info because it was just mailed like a letter in a regular envelope through USPS and she did verify that it had definitely been mailed out to me on Friday, June 21, just as she had told me. Well, its now Saturday, June 29th and still no check. I live in Georgia and originally I was told that the Legal Team was located in Fla. No matter what, though, I know I should receive a letter type envelope through USPS within 3-4 mail days at the very longest from anywhere in the country...even California. So, please tell me what to do. They are obviously playing games like they did last time. Does the Judge's signature not mean anything? Is there anything I can do to make them honor the judge's order? The court has already sent me a bill for the money I was to pay them after getting this money from the bank because they know I should have it by now too. Please advise me on what I should do now. How can the bank get away with just blowing off legal court documents like this? Are they above the law? Thank you.

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