(718) 305-0289
1-347-351-9352
sloan@ishipress.com
September 15, 2002
Re: Estate of Helen Marjorie Sloan
Dear Mr. Palmer,
My mother died on May 16, 2002. I wish to be appointed as her personal representative or the administrator of her estate.
I enclose her death certificate and a copy of her will. I also enclose a copy of a power of attorney she gave me.
You may wonder why I have not enclosed her original will. This will was on file with Sovran Bank in Lynchburg and later with the successor bank, which is Bank of America, in Lynchburg. I contacted Bank of America immediately after my mother died and informed them that they had her will, which they had forgotten about due to changes in personnel.
I directed Bank of America to record the will with Lynchburg Circuit Court. I spoke to Pam Mitchell of the bank several times about this. Her number is 1-434-528-2488. However, she did not comply with my request. Instead she sent the will to the Columbia South Carolina Branch of Bank of America, for what reason I do not know. The person there is Tom Cox, 1-803-255-7375
When my mother died, she had substantial assets in Lynchburg, including about $200,000 in a frozen bank account. This account was frozen by order of Judge Miller in December 1986. There needs to be another order of a judge to unfreeze this account, so that it can be distributed to my mother's heirs.
There was also another frozen bank account in Lynchburg, which had about $30,000 in it. I do not know which bank has that money.
My mother also had other substantial assets in Lynchburg. Litigation may be required to recover those assets. The entire value of my mother's estate was more than $400,000.
The first paragraph of my mother's will states:
LAST WILL AND TESTAMENT
I, HELEN MARJORIE SLOAN, domiciled in the City of Lynchburg, Virginia, do hereby make, publish and declare this to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me.
Since my mother never changed her domicile, it seems clear that my mother's will should be probated in Lynchburg.
It is true that my mother spent the last 12 years of her live locked up in a nursing home. However, she was involuntarily committed. She never voluntarily entered the nursing home. Therefore, her domicile did not change for legal purposes.
Although my mother died four months ago and left a substantial estate, not a single thing has happened or been done about this. No lawyer that I know of wants to touch this case and the Bank of America has declined to serve. I enclose a letter from the Bank of America in which they declined to serve.
My mother gave me a power of attorney which is recorded with the Lynchburg Circuit Court. I enclose a copy of this for your reference.
It is clear that I am the only person who is both suitable, willing and qualified to be my mother's personal representative after her death and therefore I request to be so appointed.
Very Truly Yours,
Samuel H. Sloan