My name is Roxie Caswell. I am a 60 year old Breast Cancer Patient. I have endured 5 surgeries. My Health Insurance is $736.90 per month, and I can't buy health insurance any where else. Even with health insurance, my part of the medical bill are very expensive. My husband (Nathan) and I started a Landfill business in 1994 and we worked together to get it going. It became very successful. We built a house in the Landfill together. In February 2005 my husband signed the Stock Certificate to the Sub S Corp over to me, his wife. My husband was diagnosed with Kidney Cancer in March, 2005, he died in August of 2005. My husband had a will, and he had updated it twice. It was plain and simple, it stated that I would get our home and 50% of his Estate, and his daughter would get 50%. His daughter never lived with us, nor did she ever work at the Landfill. After Nathan's CT scan, Nathan and I went to the Urologist's office for his appointment (3/09/2005). The Urologist said he had a mass on his left kidney, and that he was referring us to another Urologist at Emory. Nathan realized that this could be serious, and that he had not done very good estate planning, so he signed a Power of Attorney to me and ask me to put certain deeds in my name. (The deeds that were put in my name only, was properties that we had invested in together with my seperate money and his seperate money. He ask me to put the rest of the deeds in mine and his name. He knew, if anything happened to him, I would do the right thing. Early in the AM of his next appointment (3/11/2005), he got into bed and pulled the sheet up over him, and his left arm broke into. Nathan was in excrutiating pain. After seeing the Urologist and the Oncologist, Nathan left Emory on a Morphine drip. It was downhill from there on. Nathan's daughter nor his brother helped take care of him.
Next thing I knew the bank was calling telling me that Nathan's daughter and brother were trying to take his money out of the bank.
After Nathan's brother informed Nathan's daughter, he was terminal, she found an attorney to draft a 23 page Will, Durable Power of Attorney's, giving her,(she has never lived with us or worked at the Landfill) all the power. She lived in Boston at the time. and had him sign it when he was on mega doses of
Morphine. (This all took place at a Wendy's, while I was gone to pick up a prescription for stronger Morphine) I found this out, because my answer machine taped a conversation between the daughter and brother, admitting what they had done. The Will that she had drafted had an Interrorem Clause in it. I contested the will, because I knew my husband had nothing to do with that will. This will named Nathan's brother (Glen) as the Executor and his daughter (Natalie) as the backup Executor. The Attorney (John Cory) was not present at the Execution of the will. Nathan's daughter, brother, Financial Planner and his Secretary executed the will. The will, whether I contested it or not, took everything away from me, and gave total control to the Executor.
The court ignored my signed Stock Certificate. Nathan's daughter and brother had a Handwriting Expert to examine the Stock Certificate and found it to be genuine, because it never got brought up again.
I have always been an Officer of the Sub S Corp.
The Probate Court of Walton County, was not fair to me. Judge Adams ignored the fact, that I was the wife. He ruled in favor of the 23 page Will.
Nathan's daughter and brother insisted on the Court appointing a Temporary Administrator (Stephen Noel, the County Attorney) of Nathan's Estate, again ignoring me as the wife, an officer of the Sub S Corp. Taking everything away from me and giving it to a complete stranger. The Temporary Administrator had to post a $4 million bond on a $8 million Estate, he did not fulfill his duties. He did not pay any estimated taxes, he did not file the income taxes for the Sub S Corp for 2007 nor 2008.(I filled them for 2005 and 2006, then I was forbidden to see the bank statements). All of this resulted in Tax Liens being filed on me, ruining my credit. The Temporary Administrator forbid me to even go into the office of the Landfill, but he continued my paycheck. Almost every week, when the Manager of the Landfill, (David), would go to Mr Noel's office, to get the paychecks signed, Mr Noel would send little inuindos, like, John Ott (the judge), is Gene Benton's (the judge) best friend. Just about everything Mr Noel has said has come to be true. I wrote a letter to the Probate Judge (Greg Adams), telling him what the Temporary Administrator had and had not done. I got no response.
The trial in Superior Court was one sided. It lasted 5 days. The Judge (John Ott) would not let any of my expert witnesses testimony in. The judge would not let the answer machine conversation in. The judge said The Power of Attorney made to me was no good. The Judge lead the jury. The Judge let the attorney that drafted the Will testify, and continue to be Natalie's attorney. (I thought that was a conflict of interest) Not in the law, according to John Ott. Three of their witnesses testified that the Will was designed to benefit the wife, to take care of her for the rest of her life. In the end, the Judge said, he had made enough errors in the trial, that he could grant a new trial. I filed a motion for new trial and guess what, he denied it. There is so much more, but I am trying to condense this story.
The judge would not let the jury know about the Interrorem Clause, which was part of the Will. He said the jury would feel sorry for me, and that would impair their judgement. He reserved the right to rule on the Interrorem Clause, (that stated, if I contest the Will, I get nothing),at a later date.
After over $300,000.00 in Attorney's fees, 5 attorneys,(trying to find an attorney, that could do something for me, the wife), (and one of which told me,that I was not the first or last these judges did this to), and almost 4 years of Court, and because Nathan's daughter knew one of the Walton County Superior Court Judges (Gene Benton). Walton County allowed Nathan's daughter and brother to take everything I worked hard for, leaving me pennyless. My husband's Estate, was appraised at $8,000,000.00, at the time of his death. My husband's Estate pays for Natalie and Glen's attorneys, but not for mine.(that don't seem quite fair). Glen(the brother), was swon in last week,as Executor, and came by the Landfill to tell the Manager (David), the he would be signing the checks from now on and, that he would be in control of the house up on the hill (my home). Glen said he would be putting me out of the house, where I have lived for 13 years. Sure enough Judge Ott made his ruling, dated on the same day Glen(the Executor) was sworn in, upholding the Interrorem Clause. I am still listed with the Secretary of the State as the CEO, which means nothing. Glen stopped my paycheck, so now I have nothing to live on, because Natalie and Glen have stolen everything from me, with the help of the Walton County Maffia. The Year's Support proceeding has been put off for almost 4 years and now I am told that it can't take place, until after the first of June because of Natalie's (the daughter) wedding.(she ranks higher than me). Natalie is 28 years old, she is a convicted fellon, she has numerous DUI's, caught 3 times for shoplifting. (before the age of 16) She has a college degree in Sociaology. Had an elaborate wedding, without a job, cannot keep a job. Her husband doesn't have a job. Oh, I forgot, Nathan provided for her, an Irrevocable Trust in 2004 for $1.6 million dollars. I guess that is how she had an elaborate wedding.
The Probate Judge (Greg Adams), was not fair to me before, and he will not be fair to me at the Year's Support Proceeding. (When they decide to do it at Natalie's convenience). Natalie nor Glen live in this county. Stephen Noel has told the Landfill manager (David) what will take place at the Year's Support Proceeding and, it is not good. If this is not corruption, I will eat my hat.
This corruption has to stop. I am an honest, hard working, tax paying, voting Citizen. This should not happen to anyone. These judges do not deserve to sit on any bench. This is not acceptable. I am unable to get a job at this point, and I don't want this to ever happen to a wife. I am too young to get Social Security. I don't want pitty, I want justice. Marriage, the Holy State of Matrimony means nothing in this County. No one can believe this story,I don't even believe this story, but it is true.
Roxanna S Caswell