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We’ve already done enough for the estate (of Bobby Phillips and his / our family) –
Written by Diane C. Phillips, June 25, 2018
How am I different than you? Probably nobody would even try to do this to you. They do it to me because they know I have disabilities and am economically disadvantaged.
- We covered bills that were the responsibility of the estate and weren’t paid back for them.
- We secured the property for months when no other way was provided by executors.
- We’ve managed the property for months insuring that further damage to the physical property, plumbing, etc. was tended to immediately and prevented.
- We gathered bills as they came in, papers and documents requested by executors and made sure they got those in a timely way.
- We (Kasha) made a digital spreadsheet of all the household bills, account numbers, amounts and monthly due dates for them and emailed it to the executors and backup family member who may have taken that job if required.
- We’ve been harassed, threatened, bullied, endangered by executors’ inactions as well as by their direct choices to make things harder and more dangerous for us.
- We (Diane) spent four months, seven days a week for nearly all the hours of the day – cleaning, deep-cleaning, organizing, sorting and readying the items of the estate and the property for the benefit of the estate to be handled by the executors and as requested by the owner of the estate, Dad.
- We (Diane) cleaned enough of the attic to be able to remove vermin – squirrels that were nesting there and damaging estate possessions stored there.
- We removed the squirrels from the attic that were nesting there and removed the mice nesting the basement and other areas of the house, prevented the vermin from nesting in the house and did so without the use of poisons.
- We (Kasha) covered a squirrel entry point on one outside corner of the roof’s rotting fascia board with scored aluminum sheeting to prevent entry by the squirrels.
- We kept vandals and thieves from being able to enter the property despite the executors leaving the outer doors to the basement and another from the driveway in no condition to be secured or adequately locked in any way.
- We endured a winter without the furnace repaired to heat the house, had water and gas turned off while we were here known to be caring for the property at Dad’s insistence – during the wintertime because the estate didn’t pay those bills, and executors decided not to pay them.
- Because the executors chose to not ask for emergency papers of administration in a timely way, nor made any efforts to secure nor to manage the property and its assets in any other way, we continued to work under Dad’s consent and request of us to do that. And, we did it with integrity, decency and with every reasonableness as he asked us to do and in good faith of promises executors continued to make to us that they would help us financially to relocate somewhere else adequate to our needs when time came to do so.
- We have endured days of extreme heat due to executors choosing not to fix the central air in the house and have had our own health and well-being endangered. We’ve also seen and reported to the executors that fine art, slides and family photos, electronics and other assets of the estate are being permanently altered by the heat as a result of it and de-valued from the state they were in and had been due to our own care and efforts.
- We have been further impoverished and provably endangered as a direct result of the actions taken and the “refusal to act” decisions made by the executors, both before officially becoming executors in April 2018 (months after Dad died on Sept.30, 2017) during which time they knew they were going to be the executors AND after taking the oath with the probate court.
- We (Diane, and as part of my household, Kasha and Allia) have our own financial resources at risk that are in jeopardy directly because of Dad’s estate and its executors further impoverishing us of the meager resources we do have, and using our time and efforts without any financial exchange commensurate with those efforts, failing to make good on their verbal promises to help us financially re-establish our household elsewhere knowing we must go back to New York City where our own financial resources are located and in place, AND by literally keeping us here to do the job of securing and managing the property because they don’t want to spend any money to have it done in some other way, nor do they want to stay at the property themselves.
- Bequests / bequeathments from the will assigned to us are being withheld from us and no true inventory is being made of Dad’s estate by the executors before proceeding to open the property to the public for an estate sale without any approval by the court despite the will being probated in solemn form. The executors claim that no money is needed by the estate to pay outstanding debts but have every intention of hosting a yard sale-style estate sale and are already currently selling things from the estate online and in person, before any bequeathments are made and before any appraisals of antiques and large collections of collectibles, antiques and advertising memorabilia are made AND before doing or giving the court any accurate assessment or inventory of what is here.
- Further, we are not not today or have we ever, during this time, been allowed full enjoyment of this space. It is not legally a rental property, it cannot be a legally rentable property in its current and ongoing condition, 90% of its physical space is occupied by, in excess of 200K individual items that belong to Mom and Dad’s estate and the physical property is not up to any reasonable standard of habitation. (See list of those deficiencies and dangers.)
- By not managing the estate and its assets properly including the vast groups of possessions from years of collecting goods that are stored here, and by not adequately putting the tools and resources in our hands to do it adequately either (ie. heat/ac fixed, for instance) – the two executors of Dad’s estate are knowingly damaging and devaluing the assets of his estate as well as intentionally endangering our lives, our financial resources, and our health and well-being. The lost opportunity cost of us being here is staggering and most, if not all of our resources that are financial, business assets, personal belongings and future opportunities to have those resources are currently in jeopardy because of being here and the actions of these executors / family members.
- We have been unmercifully harassed by the executors throughout these months and commonly with abusive emotional bullying, demands, inordinate and unnecessary increased stress and intimidation tactics being used by them.
- We were prevented from selling any of our things by the estate failing to keep house insurance paid and then not re-activating it until June of this year.
- We were further prevented to sell any of our business assets here such as my stored artworks or other things of any kind that belong to us to get the money we need to move elsewhere by the executors’ actions of not making a complete accurate inventory of Dad’s estate and submitting it to the probate court,
- We were prevented from offering any classes or workshops in doing art or using social media or anything else we are qualified and capable of doing, both because the executors did not keep the house insurance current and because they sai outright for us not to do that, even on the back porch.
- We have not been allowed to have our friends come over for a backyard barbecue or, (aside from one friend of Kasha’s) allowed to have any friends, or others from the community or the neighborhood come to visit us here for any reason.
- We have been denied basic phone service at the property by the executors that we would need in the event one of us has our phone and the other is sitting here. And, denied access to a clean, safe, reasonably healthy environment to live in while we have been here serving the interests of and to the benefit of Dad’s estate. Nor have the executors made any real efforts in these nine months to do so.
- Executors claim that they’ve given us eight months rent-free is not accurate nor adequate to give any value or financial benefit to us because the property is not appropriate nor fit nor safe for anyone to rent for any amount of money. We have babysat this property and its assets now for nine months during which time is was not and is not appropriately habitable, safe, adequate nor rentable to anyone.
- We have been and continue to be very intentionally jeopardized by the executors of Dad’s estate even as they continue to fail to secure and/or manage the property in any other way than us physically being here 24/7. That is wrong for us in ways that are increasing our health issues, damaging our mental and emotional health and well-being, intentionally impoverishing us further and jeopardizing our continued access to the limited financial resources we do have in place.
- We have reason to believe and some measure of proof that the executors are squandering the assets and values of the assets that belong to the estate and have the continued intentions to do so. We have reasonable concerns about this especially given the diligent efforts we’ve made to secure and keep those values intact.
- We have served as stewards of this / Dad’s estate with honesty, integrity and offering our cooperation with the executors at every turn. We sold nothing, traded none of our estate nor Dad’s estate since he has been gone, gave away none of it and have taken nothing out of this place to anywhere. We have been hindered from leaving by not being able to legally remove any of our own belongings and assets of our estates and households nor being able to sell or to derive any other income during our time here and because the mishandling of Dad’s estate by the executors further impoverished the resources we did have available to us.
- We (Kasha) provided to complete care and management of Dad and his household responsibilities for the last year of his life which cost me not having her as a helper that allows me to function well despite my disabilities and despite doing the 24/7 care and multitude of jobs required of her, not her food, not pay, not financial resources were made available to her, simply a place for her and her daughter to stay while performing those services of household management, driving, personal care of Dad, taking him and staying with him for all his doctor appointments, getting the bills into the mail, taking down derelict structures on the property and getting them to the landfill, doing plumbing repairs, cooking all the meals, doing all the shopping and other errands for him and his household, archiving family photos on the computer, doing all the other computer based activities he needed done, getting estimates and contractors out to fix some of the major plumbing repairs needed and the re-roofing done, removal of old eyesore vehicles as he requested, cleaning up from where he was sick, keeping the house clean and helping on immediate call to his side twenty-four hours a day with no days off for over a year, among other things. She also helped to remove two drunk family members who had been allowed to stay with Dad and commonly were violent and destroying the house and property. For all this, she was paid nothing but to have a place to sleep so not only did it rob me of the help I needed that she provided to my household, it cost our household the entirety of a year’s pay she could have made while doing those jobs for the estate and for our family without being paid anything.
- We were intentionally deceived by the executors’ promises and claims that they would financially help us to reestablish our home adequately for our best interests, away from here when the time comes to do so and we operated in good faith that it would be as they repeatedly said about that. Now, instead of making good on those promises or any of that, we’re being told by executors to go to a homeless shelter and leave our pets to be abandoned and killed in some animal shelter, and either get our things out of here or to abandon those as well, which obviously cannot be taken to a homeless shelter. They did offer us bus tickets yesterday for us to take ourselves to the homeless shelter there and maybe $50 or less to help us have some spending money.
So, how am I different than you? Probably nobody would even try to do this to you. They do it to me because they know I have disabilities and am economically disadvantaged. My family did it to us because they wanted to do it that way and not in any other way. They knew what they were doing to us.
- Cricketdiane, Diane C. Phillips, 06-25-2018
We might have to make some kind of GoFundMe or CrowdJustice campaign to get some legal help with all this, but haven’t yet.
If you would like to donate to help us better our situation and also to get attorneys that could help us, please donate to firstname.lastname@example.org on paypal.
It actually feels better simply writing all this out somewhere and asking for help to carry it. I can’t stand for this anymore.
Thanks for reading. Please share it, if you get a chance.
By the way, all of my artworks that still exist are sitting here at my Dad’s house, if you want any of it for a small price – let me know. I will need to sell it quickly or it will be in the garbage because of these people in my family.
Also, I’m offering my business assets including all the licensing of my designs, online blogs and stores, my rights to any and all of it, for sale so that we can have the money to go somewhere else and set up our home rather than the shelter system. It has never realized the potential profits that it could and even one design that becomes popular could certainly more than pay for buying it right now when I need the money. Otherwise, it is of no help to me unfortunately. But, if you know anyone who would like to buy it and do something with it – email me at the address above. I understand it is probably not going to work, to offer it since my own efforts have not made it a success already – but what the hell. If you want to do something with it and help me at the same time to go elsewhere, let me know.
Here is one of the GoFundMe Campaigns my daughter Kasha has made to try and help our situation – please donate and share –
Apparently, it is okay in our family to use people known to have disabilities and who are economically vulnerable and disadvantaged, then to deny even the most humane of resources to them after using them. There are no disability rights in America. And, in many families like ours, there is nothing but derision and disrespect for those who are damaged family members, even if they are not drunks or drug addicts – which we are not. The only sin in America is not having money and that is one we apparently will continue to endure because all the assets that could be made available to us having worked for Daddy and his estate all this time, are being denied to us. In fact, those resources that would financially help us to re-establish somewhere else, are under siege by family members denying this to us. That is oppressive and barbaric.
BTW – Here is the list of reasons that this property belonging to Dad’s estate can not be rented to anyone and is not a safe, habitable environment to have had us stay in –
- About 90% of the usable space in this house is taken up by mountains of clutter belonging to the estate from collectibles and antiques to things Mom bought where ever at some point.
- There is a small bathroom that is completely unusable but while it was in use, its sewage was flowing into the basement into a bucket Dad was emptying every so often and it overflowed a number of times. Some repairs were made to that plumbing, but the raw sewage has remained coating walls, floor joists under the bathroom and the floor of the basement room below it. When dampness occurs from rain seeping through basement’s concrete walls, the smell of the sewage there is activated and overwhelming.
- There is a broken shower plumbing and various leaks in the other bathroom although it is usable and this has caused its own rotting wood, mold and mildew problems in there.
- The hand railing and columns on the front of the house along its porch are no longer attached and could easily give way allowing someone to fall. There are loose bricks on the steps – we try to not go out that way or use that area.
- There are the shit and piss of squirrels that were in the attic and mice that were in the basement and areas of the house which were not cleaned up. We got rid of the mice, the yellow jackets that had taken over the main bathroom and the squirrels in the attic but their mess remains – we were told by executors to leave it alone.
- The basement door and the outside door to the driveway cannot be secured because of missing window panes and the basement door lock does not seat in the frame nor has it for some years.
- Black mold and powdery mildew are common throughout the house, in the air system, in the basement and attic as well as commonly found throughout the main living areas of the house.
- The electrical system in the house is far from normal or safe. Entire series of wiring, including for lights in the hall, den, kitchen and one of the back bedrooms, is on but not in use with the switches taped over to not use them (by Dad) because they were known to not be safe. A number of electrical outlets are either partly usable or not usable for the same reason – found throughout the house, including in the rooms where we sleep and areas where we are staying.
- Water has been found inside the globe of an electrical hanging lamp that used to serve as an entry light in the living room near the front door. It can’t be used.
- The roof had needed to be repaired for over five years, when Kasha finally insisted it get fixed last year and Dad agreed to get it done. In the meantime that the roof needed repairing, damage occurred to the rafters and to various places in the ceilings – with bowing areas of walls and ceilings that can be seen.
- The sink in the kitchen has a drain that leaks into the basin below in the cabinet and so one side can’t be used except with a dishpan. It has set up a certain amount of black mold that commonly is found in the kitchen, including on the seals of the refrigerator no matter how often it is cleaned.
- There is a rotting fascia board and underboard next to the roof that is getting further wet rot from the gutters being damaged for quite a while (some years) and not being repaired nor cleaned out. Years ago, I was helping Dad do that and it doesn’t look like it has been done much since then (about six years ago).
- There are huge trees near the house, some of which have roots that clearly show signs of erosion around them. The executors had some tree cutting services out to check prices for removing them and the services identified needing to remove several major trees that sit within feet of the back porch and whose branches clearly hang over the roof and a large one in the front yard as well as a half-dozen dead or diseased trees in the backyard that could cause others to come down with them.
- The fireplace does not work and the brickwork must be redone for it to ever be used. We stay away from it. That fireplace is in the den. Areas surrounding the fireplace show that the floor has dropped by at least a couple inches next to it from the level of the rest of the floor which may mean some leak had caused damage there or some other structural problem.
- There are wet rot damages to floor joists and supporting subflooring under both bathrooms that is clearly evident from the basement looking up.
- Most of the plumbing leaks causing mold and mildew to be prevalent as well.
- The oven is avocado green from the seventies and still in use. It has evidence of overheating and an oddly hanging heating element in it.
- The heater (for central heating and air conditioning in the house) was found to have a flex pipe for the gas feed when the gas company came to check it and said that was not appropriate (maybe not legal and certainly not safe) so the gas company worker would not allow the gas to flow to the heater until that is fixed. It was discovered before the recent winter’s cold spells, but the executors chose not to get it fixed. It prevented the heater from being used during the winter. The air conditioner did not turn on, despite having been replaced with a new one for the system less than five years ago. The executors have selected not fixing it either.
- The yard cannot be used for play because of a massive inundation of red ants which has been a recurring problem which Kasha had fixed last summer while Dad was alive and now we have no way to fix that for this year.
- The air quality in this house is dangerous because of black mold and powdery mildew spores, massive dust from years of the house not being properly cleaned and mountains of collected belongings being coated with it, as well as carpets, curtains, and this despite my efforts to do as much deep cleaning as I could when I was first here and before the people in our family expected to become the executors insisted that they would take care of that and then didn’t.
- There are a number of other issues – I’ll come back and add them later. But, the ones above are certainly more than enough reasons (and they are known by the executors and other family members), to indicate that this house as it is now and has been during our stay here is not considered any property that could be rented by anyone – nor does it come up to the basic standards of any safe dwelling that would be called appropriate to live in.
About CricketDiane –
I’ve been creating nearly every day since I was a kid and that is over 50 years. I’ve created in numerous ways in a range that moves from art to problem-solving to inventing, creating music, sculpting and painting to writing and doing various computer / online based projects.
“It is better to make the effort to move forward and release the flow of ideas to work with them and do things creatively, create things and invent and write and make – I definitely know that by experience.” – cricketdiane, 2018
You can find more of my art and designs here –
and other blog writings by me here –
On YouTube –
The website for Cricket House Studios Art and Design is found here –
And see my current efforts on GoFundMe to make a board game I created into a video game that I’m working on right now – (NOT active right now – re-analyzing this effort)
Thanks for checking us out!
The Cricket House Studios Team and CricketDiane