Re: IML: Gary Goers, the real story!

["Rob P" <fristpenny@xxxxxxxxxxx>]

It's not THAT unusual. Often people don't bother to probate a will until 
they have to because it can be expensive.  For instance, if a husband passes 
leaving a wife who owns the house through rights of survivorship and has 
access to all the joint financial accounts.  Sometimes later it becomes 
necessary to probate, for instance to move a piece of property that is 
jointly owned, without survivorship rights.  It may be years before anybody 
bothers to probate that will.  All states are different, but it often 
happens that way in NY.  I have personally had people bring wills in 6 and 8 
years after the date of death and this is not a major portion of my 
practice.

The statute of limitations on contract actions (in NY) is six years. 
Considering the problems Goers often has had with his paperwork it doesn't 
seem out of the question that he genuinely believed the bill had not been 
paid and if letters were sent and the buyer was deceased and not responding 
they would have believed they were in the right. Goers would most likely 
have written it off as a bad debt and sent it on to a collection guy.  They 
get a percentage and may or may not be diligent.  Since the buyer passed 
away it may have taken quite some time to locate the estate and then if the 
debt is bumping up against the statute, the collections people want the 
money NOW, as she said.

Funny thing is here is a party who got his parts and still complaining.  
Almost every complaint I've heard with Gary Goers came from waiting...and 
waiting and waiting.

Imperial content.  Tonight I will be changing my oil in the street because 
my carb dumped raw gas into the engine.  You can smell gas from 20 feet away 
when I pull the dipstick.

Rob




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