Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #84

[Gardenista]

It's about time, IM...

Just saw this -- Please forgive it it's a repeat --
-------------------------------
Laundries To Give Gabby Petito's Belongings To Family: Attorney
Arrangements will be made for the belongings — at the Laundries' home in North Port, Florida — to be given to her family.

Peggy Spellman Hoey, Patch Staff
Posted Tue, Dec 28, 2021 at 9:16 pm ET|Updated Wed, Dec 29, 2021 at 9:55 am ET
SARASOTA, FL — Gabby Petito's belongings will be returned to her family in the wake of a legal claim that was filed in a Florida court, the Laundrie family's attorney said on Tuesday.

Petito's mother, Nichole Schmidt, filed a claim seeking the slain Long Islander's belongings — going on the record in the legal process as the family of Brian Laundrie seeks access to his $20,000 estate, the US Sun first reported.

East Islip attorney Steven Bertolino described the filing of the estate as "a formality."
-----------------------------
More here:

Laundries To Give Gabby Petito's Belongings To Family: Attorney

They had to file a lawsuit to get her things back? Wow.

 

[Jmoose]

I stopped following this case after BL was found-are her parents suing to get her van back, too? Or have they not decided yet that it belonged solely to Gabby?

 

[x_files]

They had to file a lawsuit to get her things back? Wow.

Pretty low, and who knows if they didn't already toss out most of it already?

 

[NCWatcher]

They had to file a lawsuit to get her things back? Wow.

I found the need for a lawsuit odd too. However, I do recall some folks here being pretty sure BL had flown back to FL in August specifically to throw away all of GP's property from the "storage locker." I also recall some people thinking the NPPD spokesperson stated none of GP's possessions were in the house in Sept. At the time, I disagreed with both contentions. (While I obviously don't know what's in the house I think the police spokesman was merely saying he didn't know where GP's stuff was. He wasn't saying he knew for sure it wasn't in the house.) Regardless, none of us know what property of GP's was left with the L's. NS has also admitted she doesn't know. Gabby Petito's mom seeks belongings in fight for Brian Laundrie's '$20k estate'

And remember the claim by the NPPD that both GP and BL had moved back to NY in June?

I suspect any property of GP's still in FL (aside from the van that LE took and stored somewhere) is stored in some of those many many boxes stuffed into the L's garage. I can see why a top priority for the L's hasn't been to go through those boxes. Looks like a pretty big task and some estate stuff HAD to be done pretty quickly. I'd have thought the L's would have had their attorney convey to her family's attorney that they would get to the boxes soon. And maybe that happened but it wasn't moving along or at least wasn't moving fast enough for NS. I assume she's probably GP's executor/personal rep. And if so, she has legal responsibilities re: GP's property. Hence a legal solution to the problem.

JMO

 

[wary]

I’m sure I missed this…where did BL get $20,000 for his parents to inherit? And if he had it, why did he have to steal from Gabby’s bank account?

My theory is that it’s the classic selfish child psychology, where you always spend someone else’s money before you spend your OWN money.

 

[Satchie]

I’m sure I missed this…where did BL get $20,000 for his parents to inherit? And if he had it, why did he have to steal from Gabby’s bank account?

Just to note, BL may have used Gabby's cards to make it seem as though she was alive, similar to how he apparently used her phone. Rather than from a motive to steal her money.

They likely both had saved money to live on for an extended time, plus he had a car and other assets like computers, phone...

JMO

 

[NCWatcher]

Just to note, BL may have used Gabby's cards to make it seem as though she was alive, similar to how he apparently used her phone. Rather than from a motive to steal her money.

They likely both had saved money to live on for an extended time, plus he had a car and other assets like computers, phone...

JMO

I agree with most of what you wrote except I don't believe BL owned a car. The van was registered to GP and the Mustang to his father.

We don't know exactly how they financed their trip except that at least one member of her family (NS) has said she gave them money. We've not heard from the L's but do know G&B lived with them and lived with Cassie. In addition, according to Rose, they lived rent-free in a condo the L's owned. So far as we know, the couple never paid rent anywhere. So the L's definitely contributed to their ability to save for the trip even if they didn't hand over cash. And as has previously been discussed, both G&B likely got stimulus payments.

I'm sure B's estate includes some personal property in addition to the bank acct but unless he owned something pretty unusual, clothes, a cell phone, and a computer aren't worth much & may not have to be listed on an initial estate inventory. It's not clear that either he or GP ever owned any household stuff like furniture.
JMO

 

[borndem]

Just saw this -- very sweet.


Gabby Petito Remembered By Parents On New Year's Eve
Joseph Petito, after sharing a video of luminaries released into the sky: "Happy New year Gabby. Keep touching the world."
Peggy Spellman Hoey, Patch Staff
Posted Sat, Jan 1, 2022 at 9:17 pm ET|Updated Sat, Jan 1, 2022 at 9:44 pm ET
LONG ISLAND, NY — The parents of slain Long Islander Gabby Petito remembered her on Friday in a heartfelt tribute, releasing luminaries into the sky to mark the first New Year's without her.

In a video posted to Twitter by Petito's father, Joseph Petito, on Friday, two men can be seen as two luminaries — appearing to have angel wings — can be seen floating in the night sky above them. Someone in the background can be heard saying, "For you, Gabby," while Joseph Petito can be heard saying,"Happy New Year, Gabby."
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More here:
Gabby Petito Remembered By Parents On New Year's Eve

 

[al66pine]

Links to Probate Court Filings or Docket?
Early on when GP was reported missing, atty Rick Stafford of Bohemia, NY made stmts to MSM as rep'ing Petito/Schmidt fam.

Then in Dec. "East Islip attorney Steven Bertolino described the filing of the estate as "a formality."*

When an atty is merely commenting gen'ly as background on a lawsuit or legal procedure, MSM usu. specifies So-and-so is not representing any party in this lawsuit.

Is Bertolino commenting as background or is he rep'ing a party? From this article, not clear to me.

Adding to my confusion--- Bartolino's website** showing NY law firm address does not indicate that he's licensed to practice in FL., which would allow him to file doc's in FL. courts.

Anyone? TiA.
_________________________
* Dec 28, updated Dec 30. Laundries To Give Gabby Petito's Belongings To Family: Attorney
** https://sbertolinolaw.com/

 

[NCWatcher]

Links to Probate Court Filings or Docket?
Early on when GP was reported missing, atty Rick Stafford of Bohemia, NY made stmts to MSM as rep'ing Petito/Schmidt fam.

Then in Dec. "East Islip attorney Steven Bertolino described the filing of the estate as "a formality."*

When an atty is merely commenting gen'ly as background on a lawsuit or legal procedure, MSM usu. specifies So-and-so is not representing any party in this lawsuit.

Is Bertolino commenting as background or is he rep'ing a party? From this article, not clear to me.

Adding to my confusion--- Bartolino's website** showing NY law firm address does not indicate that he's licensed to practice in FL., which would allow him to file doc's in FL. courts.

Anyone? TiA.
_________________________
* Dec 28, updated Dec 30. Laundries To Give Gabby Petito's Belongings To Family: Attorney
** https://sbertolinolaw.com/

No idea. But a local Florida attorney's name appears on the filing for BL's estate. His name is William Galarza and he's in Sarasota. You can see the papers here. SB did not file them.

Laundrie family files for control of Brian’s estate

I'm not sure if anything can be concluded from the wording in an article from Patch (or really, any paper.) Over time I don't think reporters are quite so careful to specify people's roles in cases especially if the person has been part of the case for a long time.

Interestingly this article seems to claim Galarza is also NS's attorney. I sincerely doubt that's true! (Although she'd need a FL-licensed attorney to file in FL as you point out)

Gabby Petito's mom seeks belongings in fight for Brian Laundrie's '$20k estate'

I suspect this is a mistake. The other article seems to show a copy of the L's filing with Galarza's name. I don't see how he could represent both sides.
JMO

 

[borndem]

Hmmmm, so he had $20,000 held in a bank account?? From what? All his hard work and talent? Selfish lizard. Grrrrr. SMH

Glad to see Gabby's mom is laying claim to some of it.

 

[MistyWaters]

No idea. But a local Florida attorney's name appears on the filing for BL's estate. His name is William Galarza and he's in Sarasota. You can see the papers here. SB did not file them.

Laundrie family files for control of Brian’s estate

I'm not sure if anything can be concluded from the wording in an article from Patch (or really, any paper.) Over time I don't think reporters are quite so careful to specify people's roles in cases especially if the person has been part of the case for a long time.

Interestingly this article seems to claim Galarza is also NS's attorney. I sincerely doubt that's true! (Although she'd need a FL-licensed attorney to file in FL as you point out)

Gabby Petito's mom seeks belongings in fight for Brian Laundrie's '$20k estate'

I suspect this is a mistake. The other article seems to show a copy of the L's filing with Galarza's name. I don't see how he could represent both sides.
JMO

The Sun link says nothing about a lawsuit, just mentions “a claim”. Since BL did not leave a will the L’s had to file through the courts in order to settle his estate. As a routine matter, creditors file a claim. It’s possible one lawyer is representing both parties, it’s not as if a legal battle is about to occur.

JMO

 

[NCWatcher]

The Sun link says nothing about a lawsuit, just mentions “a claim”. Since BL did not leave a will the L’s had to file through the courts in order to settle his estate. As a routine matter, creditors file a claim. It’s possible one lawyer is representing both parties, it’s not as if a legal battle is about to occur.

JMO

Of course, there has to be a filing for BL's estate. There would be legal filings even if he'd had a will.

But it's theoretically possible when Party A (in this case, NS) files a legal claim for property that is in the possession of Party B (in this case the L's) for there to be a legal battle. I agree it doesn't sound like there will be in this case and the L's will return GP's personal property that was left at their house. But the lack of conflict over returning those things could not be known for sure in advance. So I still cannot imagine an attorney who already had already filed court papers for the L's re: BL's estate would agree to represent NS in a claim against them. It sounds quite risky and unethical. And the source that said he is NS's attorney is the Sun, a newspaper that often gets things wrong (& has before in this case.)

Edit: I am not at all sure NS is filing as a "creditor." Her claim is not against BL's estate so far as I can tell. GP's stuff would not be in his estate. The claim is against the L's because her stuff was left at their house.
JMO

 

[al66pine]

Something lost in translation?

No idea. But a local Florida attorney's ... filing for BL's estate... William Galarza ... in Sarasota...Laundrie family files for control of Brian’s estate I'm not sure if anything can be concluded from the wording in an article from Patch (or really, any paper.) ...(Although she'd need a FL-licensed attorney to file in FL as you point out)
Gabby Petito's mom seeks belongings in fight for Brian Laundrie's '$20k estate' I suspect this is a mistake... I don't see how he could represent both sides. JMO

@NCWatcher sbm for focus Thanks for your post & links. Now having read ^ articles, I see some possible misunderstanding by reporter(s), some misspeak by atty(s), or maybe both. Pretty clear in pdf petition w article,* that Galarza is rep'ing RL & CL in probate of BL's estate.

As posters here say, seems simple enough for RL & CL to comply w a request to return GP's personal tangible belongings to GP's parents.

But iirc, on GP's disappearance, her Mother/Father's attempts to make even cordial contact w BL's parents were not acknowledged, let alone warmly received so I can understand seeking answers in court or at least thru atty. my2ct

 

[SeesSeas]

Sarasota County court docket for Laundrie SUMMARY ADMINISTRATION case shows this docket entry:
12/28/2021 17 STATEMENT OF CLAIM - NICHOLE SCHMIDT

ClerkNet 3.0
Sarasota County ClerkNet
Case Number Case Status Primary Party Case File Date Charges or Case Type
2021 CP 006188 SC OPEN
LAUNDRIE, BRIAN (Decedent)
LAUNDRIE, ROBERTA MARIA (Applicant)
LAUNDRIE, CHRISTOPER JOHN (Applicant)
12/8/2021
SUMMARY ADMINISTRATION OVER $1000 (SOUTH COUNTY)

Case Details
Case Number: 2021 CP 006188 SC
Uniform Case Number: 582021CP006188XXXASC
Case Status: OPEN
Case File Date: 12/08/2021
Case Close Date:
Judge: WILLIAMS, CHARLES E

Party Information
Party Name Party Type Attorney (Date Dismissed)
LAUNDRIE, BRIAN Decedent
LAUNDRIE, ROBERTA MARIA Applicant GALARZA, WILLIAM
LAUNDRIE, CHRISTOPER JOHN Applicant GALARZA, WILLIAM

Docket Date DIN Description Pages Image
12/28/2021 18 COURT EVENT SET EVENT: MOTIONS DATE: Jan 5 2022 10:15AM JUDGE: WILLIAMS, CHARLES E LOCATION: JACS 0
12/28/2021 17 STATEMENT OF CLAIM - NICHOLE SCHMIDT 2
12/15/2021 16 CORRESPONDENCE - JUDGE 1
12/15/2021 15 RECEIPT,REVIEW AND ACTION TAKEN REGARDING CORRESPONDENCE 5
12/14/2021 14 NOTICE - CREDITORS 2
12/13/2021 13 NOTICE - CREDITORS 2
12/13/2021 12 NOTICE OF CANCELLATION 2
12/13/2021 11 NOTICE OF HEARING 2
12/13/2021 10 *** CANCELLED - COURT EVENT SET EVENT: MOTIONS DATE: Dec 28 2021 10:00AM JUDGE: WILLIAMS, CHARLES E LOCATION: JACS 0
12/13/2021 9 COURT EVENT SET EVENT: MOTIONS DATE: Jan 5 2022 10:15AM JUDGE: WILLIAMS, CHARLES E LOCATION: JACS 0
12/13/2021 8 NOTICE OF HEARING 2
12/11/2021 7 COURT EVENT SET EVENT: MOTIONS DATE: Dec 28 2021 10:00AM JUDGE: WILLIAMS, CHARLES E LOCATION: JACS 0
12/10/2021 6 *** CANCELLED - COURT EVENT SET EVENT: MOTIONS DATE: Jan 18 2022 10:30AM JUDGE: CARROLL, HUNTER W LOCATION: JACS 0
12/9/2021 5 COURT EVENT SET EVENT: MOTIONS DATE: Jan 18 2022 10:30AM JUDGE: CARROLL, HUNTER W LOCATION: JACS 0
12/8/2021 4 PAYMENT $345.00 RECEIPT #2021103737 1
12/8/2021 3 NOTICE OF DESIGNATION OF EMAIL 1
12/8/2021 2 DEATH CERTIFICATE - PUBLIC 1
12/8/2021 1 PETITION FOR SUMMARY ADMINISTRATION $1000 OR MORE (SOUTH COUNTY) - INTESTATE 4

 

[al66pine]

Return of GP's Property?

... But the lack of conflict over returning those things could not be known for sure in advance. So I still cannot imagine an attorney who already had already filed court papers for the L's re: BL's estate would agree to represent NS in a claim against them. It sounds quite risky and unethical. And the source that said he is NS's attorney is the Sun, a newspaper that often gets things wrong (& has before in this case.)
Edit: I am not at all sure NS is filing as a "creditor." Her claim is not against BL's estate so far as I can tell. GP's stuff would not be in his estate. The claim is against the L's because her stuff was left at their house. JMO

@NCWatcher sbm for focus. Again TY for post. Agree re possible conflict of interest, if an atty agrees to rep both in this circumstance.

Is GP's Mother/NS' request for return of GP's personal property (as a creditor) appropriately filed in BL's probate proceeding?
Now case info shows NS's "Statement of Claim" was filed Dec. 18.. @SeesSeas Thanks for posting.

FL statute* specifically addresses "claim for personal property in the possession of the personal representative."
RL & CL requested "summary admin" (estate < $75,000; no personal rep), I wonder what kind of ruling judge might make re GP's prop.
Anyone?

Note:
12/28/2021 18 COURT EVENT SET EVENT: MOTIONS DATE: Jan 5 2022 10:15AM
_________________________________
* FL. Statutes Title XLII, Chapter 733, re Admin of Estates, Sec. 733.702
^ Statutes & Constitution :View Statutes : Online Sunshine
** FYI: FL law 733.816 "Disposition of unclaimed property" held by pers reps

 

[La Louve]

Is it possible Gabby's parents are filing a claim against BL's estate for the dollar amount of charges he made on her credit card after he killed her and he absconded back to Florida?

Jmo

 

[al66pine]

Warning: Short Post Alert
Unauthorized bank card charges as a claim against estate?

Is it possible Gabby's parents are filing a claim against BL's estate for the dollar amount of charges he made on her credit card after he killed her and he absconded back to Florida? Jmo

@La Louve Thx for your post.

Yes, possible imo.
Likely? I don't know.

 

[Armalita]

BBM

I don't necessarily disagree with anything else you've said here, but do want to point out that BL was already in hiding in the swamp (presumably with no access to news), and in fact there's a really good chance he was already dead, by the time GP's body was found.

MOO

I know I'm going to be cursed for this. I see this as anger that went to far. We don't know what happened to these two kids. Yes he killed her why? We don't have the answer. But I don't think it was intentional. I see it as he got angry and went to far. That's why he killed himself. We don't know if it's because he was being a coward or not wanting to face what he did. But no matter what his debt is paid. He was judged tried and ready for execution before anyone knew the truth. Those kids loved each other and we only saw the video of them being pulled over and the phone call a guy made about him hitting her. I believe they we're both guilty of putting their hands on the other. Is that right? No definitely toxic. But this couldn't have been the first time. I see young people like this quite often but they continue to love each other. Immaturity. No he didn't handle it the way we all think he should have. But we are also not them. Let these two kids rest. Obviously they thought they loved each other.

 

[Lillymac]

I stopped following this case after BL was found-are her parents suing to get her van back, too? Or have they not decided yet that it belonged solely to Gabby?

Does LE still have the van?