12-03038

FIRST INSERTION
PERSONAL REPRESENTATIVE'S MOTION TO PAY ASSETS OF THE
ESTATE INTO THE
REGISTRY OF THE COURT
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
PROBATE DIVISION
CASE NO. 08-7537-ES-004
IN RE: THE ESTATE OF
BRIAN SKELLY,
Deceased.
COMES NOW, ROBERT J. JONES, Esquire, Personal Representative and Attorney for Personal Representative of this Estate, and he files this Motion for leave to pay the assets of the Estate into the Registry of the Court, and as grounds for his Motion, he states as follows.
Procedural Background.
1. This entire probate case has been unusual and the participants uncommunicative with each other, the undersigned and the Court. The specific instances of failure to communicate and to cooperate are set forth in the undersigned's Motion for Compensation which is a part of the record, at its paragraph 1.A.through N.
2. The failure of interested parties to communicate and cooperate continues in the following respects:
A. Despite the undersigned's letters to the creditors offering to settle their claims in full, only one of them, SUNSTAR EMS, has consented and has been paid, and, as yet, it has filed no Satisfaction of Claim with the Court.
B. The undersigned has never been informed by either heir as to his or her permanent mailing address, and so, they receive their Notices by publication.
3. At the end of this proceeding, the Personal Representative has advised the following persons or entities of assets being available to pay their claims or entitlements under the provisions of the Florida Probate Code for intestate heirs:
(i.) Under the Plan of Distribution, filed with the Court on March 20, 2012 and published on March 23, 2012 and again on March 30, 2012:
1. to the creditors by U.S. mail; and
2. to the heirs by publication.
(ii.) As of the date of filing this pleading, the only Respondent, SUNSTAR EMS, has responded, has been paid, has not negotiated the undersigned's trust account check, and has not filed any Satisfaction of Claim.
4. By its Order entered on March 30, 2012, the Court intructed this Personal Representative to:
A. Submit Releases from the claimants and no Claimant has provided him or the Court a Release;
B. Submit Final Notices to Brian R. Skelly and Cherise L. Skelly, and for an unknown reason, the publisher has not filed its Notices of Publication with the Court. The same are attached hereto at Exhibit A (6 pages).
(i.) The Personal Representative has published the same Notices on March 23, 2012, and March 30, 2012, for the reason, previously shown to the Court, that these persons do not wish to inform the undersigned where they are.
C. Submit a proposed Order of Discharge.
(i.) The same was submitted on March 19, 2012, through the Clerk's Office for the purpose of demonstrating the act of so doing on the electronic docket. The communication to the Clerk and the propsed Order were not docketed. See Exhibit B.
D. Submit Proof of Service on Agency for Health Care Administration (AHCA) which (i) is attached at Exhibit C.
(ii) The original Personal Representative did not previously file a Notice to AHCA.
Grounds for the Motion.
5. The undersigned Personal Represenative is unaware of a means to compel Receipts from the heirs, as they are communicative only upon their will and whim.
6. The undersigned Personal Representative is unaware of a means to compel Satisfactions of Claims from creditors without, willy-nilly, sending out checks to unknown persons or representatives of the creditors who have not, as yet, identified themselves.
7. Essentially, both the creditors and the heirs are and remain uncommunicative.
8. If the undersigned fails to comply with the Court's Order entered on March 31, 2012, the u he may be held in contempt on May 11, 2012.
9. If the Court will grant leave to pay into the Registry of the Court the sums owed and stated in the Plan of Distribution, the Court and its auditor may be satisfied that the Probate proceedings have been conformed to the Probate Code.
Proposed Payment to Registry.
10. Upon entry of an Order Directing Payment (Proposed Order is not yet submitted.), the undersigned Personal Representative will pay the Clerk his fee and the sum of the following:
Social Security Administration $5040.50
Progress Energy Florida $ 446.01
DCM Services for Bank of America $5655.59
The Total of these claims is $11,142.10.
10. The Plan of Distribution provided for $6408.39 to be distributed in equal amounts to Brian R. Skelly and Cherise L. Skelly.
A. Two additional publications will be required to close this Estate and the cost of each will be approximately $100 .
B. The total net amount to the two heirs (and not to each) will then be $6208.39, less the Clerk's fee for accepting money into its Registry.
11. Accordingly, the undersigned moves the Court to Order him to pay the sum of $11,142.10 plus $6208.39 equals $17,350.49, to include the Clerk's fee, into the Registry of the Court for further distribution upon the appearance of proper claimants on the money.
5. Request for Relief.
WHEREFORE, the undersigned Personal Representative ROBERT J. JONES, Esquire, requests that the Court enter an Order Instructing him to pay into the Registry of the Court the sum of $17,350.49 for further distribution to the creditors and the heirs when they identify themselves as fully described in the Plan of Distribution; and that the Court set aside its Order dated March 30, 2012; and granting him such other and further relief as the Court may deem appropriate and just in the circumstances.
Dated: April 4, 2012.
ROBERT J. JONES, Esq.
FBN 949795
Successor Personal Representative
and Attorney for the Personal
Representative and Successor
Personal Representative
P.O. Box 49242
St. Petersburg, FL 33743
(727) 344-6555 tel, (727)345-1363 fax
[email protected]
April 13, 20, 2012 12-03038