Conditional Default: Does that mean curtains for me on my case ? From what I have read I can move against it. Also, "Protective Order" for documents and such.
I am a pro se participant and the judge has allowed ALL of the motions against me from two parties, and none of mine. In June 2019 I received the summons from brother claiming I refused "after numerous attempts" to help pay taxes on an 80 acre parcel of land in NH that had been owned by each parent in separate trusts. In fact (and I have the evidence, as always) that I was the one who asked him to help pay half the taxes back in 2014 or so when the town of Campton tripled the taxes. I had essentially no income for 6 years taking care of our parents, mom in my home. After she died in 2012 I paid all the taxes in full ~ $1000/yr with my part time medical research. When the taxes tripled I could no longer pay them. I emailed my brother and asked him as the other trustee (separate trust) if he could pay half. He responded with his typical non-answer. I asked specifically, "Will you pay half the taxes ?" No response what-so-ever.(2014 or so). Flash forward to May-ish 2017 a lawyer contacted both of us regarding a separate issue regarding the trusts. Nested within one of those emails was something about paying the land taxes from him. Nothing else since and I carried on with my medical research. Brother had been making ~$100K/year the entire time from 2005 when mom had her strokes. His husband double or more than that. My life stopped in August 2005 when mom had her strokes and dad decompesnated mentally and physically. I ended up taking care of mom (in our house), dad in assisted living locally, the certification and maintenance of a separate subdivision in another town AND cleaning out, repairing, and the selling of my parent's Cape domicile on Cape Cod. I lost my career, my college and had no income from June 2005 to June 2013 save for 18 months part-time cancer research at about $18/hour. I spent all of my savings paying my parent's bills.
In those years of 60 -100 hour weeks I never took a penny, all proceeds of the over $940K of property I sold went to my parents care and bills. Brother took $50K from the sale of the Cape house leaving his disabled and deeply indebted parents with less than $500.00. (Millionaire sister paid nothing to help parents and did everything she could to interfere with selling property yet took some $16,000 in funds from her parents and claims over $100K more, mostly for lawyer's bills in suing me and her own parents.) Brother unbeknownst to anyone had a $16K mortgage on the subdivision AND unbeknownst to anyone a $32K mortgage on the 80 acre parcel.
June 2019 I find the summons scrolled up on my door. I replied within the 30 days and corresponded with the lawyers of brother (in San Francisco) and sister (NY). Essentially nothing happened until I received interrogatories in November, 2019 which I responded to in full within that 30 day period. Brother and lawyer refused to answer all but 4 of my interrogatories (with no information) and "answered" the others with 'To burdensome, blah, blah . . .'. Sister was given interrogatories in mid-December, 2019 and didn't answer to me until November 2020 !!! (250 pages of fantasy, a whole 'nother story . . .)
Late February, 2020, sister asked for submission of documents - outstanding bills etc. which I said in my interrogatories I would supply for trial scheduled for early June, 2020. I was given the typical "30 days" to produce the documents. BUT within that 30 days COVID struck, NH shut down AND the judge ruled that my brother chose the real estate agent (one whom I'd objected to since I'd worked with him before and he did nothing) and sell the land, completely wiping me from my duties as trustee of half the land. Also, the trial for early June was erased from the court schedule by at least April 2020. I never heard anything again about request for documents until the week of Thanksgiving, 2020. In July 2020 the land was sold for a dime on the dollar, potential $2 MILLION dollar profit sold for $160K, one exit from a major ski resort and commutable to greater Boston. $80K to both trusts (I haven't seen that yet . . .) Brother's trust $80K was distributed and I did not learn of that distribution for over 6 weeks. Nearly $32K to some lawyer in CT who did did nothing for my father, hired by sister. ($13K+ for the bill, $18K+ for the interest !!!); $16K of $32K for the brother, and $15K of $60K to one assisted living facility. Despite being asked in writing, including interrogatories, for an accounting of the encumbrances brother oversaw on the land he refused to disclose any including his own $32K mortgage, a clear breach of fiduciary responsibilities.
Now he and sister are after the other $80K (actually about $64K after RE expenses) from the other trust that I am trustee of. Also, they are trying to take money from a life insurance policy on FL that my sister is trustee of and should have distributed by 2014. (Another issue . . .)
So, sister's lawyer asked for production of documents the week of Thanksgiving, 2020, after using the excuse of "the holidays" for sister to NOT answer interrogatories. I was out of state for three of those weeks, so no access to documents. In January sister filed for "conditional default" to which I responded in a motion that I was willing to provide all the information requested which I had gathered up in November, all I needed to do was scan them. I explained that I had thought the request was defunct due to the land being sold and the trial canceled. I explained that I was having computer problems (new one just arrived 2 days ago, 2/17/21.), I explained that sister set the precedence of not responding within 30 days but instead, 11 months. (Oh, and the US had an insurrection in there, too . .. ). Literally the day I had everything working and I was scanning I got another motion for conditional default causing me to stop scanning and ressponding to deal with that. I did send out bills owed to all parties, and have more to send, then the conditional default order came just yesterday.
I am planning on objecting to the conditional default, as well as the protective order for all 'evidence and documents'. The other two parties are afraid to go to court because they have no evidence or basis for their claims and I will expose them with my evidence as I did in the two other law suits against me. The protective order is an attempt to keep evidince out of future court actions in different states which will invariably occur.
As you can see, there is a lot here, and a lot more behind this. I am being accused of slowing this action down yet complied and supplied all the info I had. In the fall of 2019 I indicated in writing that court action was unnecessary and we could talk about it.That $16K my brother gave himself is likely his lawyer's now ("the smartest guy in the room" failed to factor that in) so he is after other people's money. Over $35K of my money (from the insurance trust)has been used to pay sister's lawyer bills in FL for me just trying to get the insurance trust to be administered as written - paying the creditors of the Grantor and his wife. Sister objected to that. Another $40K bill for her is attached to the life insurance policy (which she is apparently unaware of). Now she is telling her lawyer that all creditors should be paid after fighting me for years preventing creditors from being paid. (She hasn't told her lawyer that part yet . . .)
I have always put my self last on the getting paid list and have yet to receive a penny. Brother and sister have received tens of thousands and have not produced proof that they are owed that money or the more that they no claim. The judge in this case actually ruled against my motion for full accounting from my brother ! He can just claim whatever he wants !
I'm getting railroaded on technicalities which are not being applied to the other two parties.
