Probate Courts: Criminal racketeering sanctioned by government revisited


Marti Oakley (c)copyright 2018 All Rights Reserved 


“This system of theft will continue until the entire estate has been stolen leaving the victim penniless. At this point, Medicare and Medicaid are used as the cash cow to cover medical expenses and the inflated charges of nursing, the doctors’ visits and vast amounts of medications are charged off to these services costing these services millions each year in padded billing. 


One of the worst pseudo courts in the US is the system of probate courts.  Across the board, in absolutely every state is a so-called court system that operates for profit at the expense of any individual or family unfortunate enough to have any assets.  By law, upon death of the estate holder, all assets are seized by the court for distribution.  Supposedly these courts are charged with making sure all assets are distributed in the manner the decedent supposedly wanted yet it is estimated that 80% of heirs never receive their inheritance or receive only small portions of what was originally left to them as a result of the criminal racketeering that occurs in these courts.

Between the probate judge who has a financial interest against the estate collecting on average 6-7% of the estate nationally,(this is aside from his annual salary paid by the state and is assessed against each and every probate case in their courts) and attorneys who will land on the estates like a swarm of vultures and who misuse the courts to access the assets of the decedent while filing vexatious motions, charges and suits then charging hyper-inflated fees for these actions against the estate, there is little chance heirs will receive anything at all.

Probate begins when a person dies. The decedent’s last will and testament and death certificate are filed through probate court which sets this system of organized crime into motion. The will outlines the decedents’ final wishes including funeral arrangements and distribution of assets.

So how do living persons end up having their estates stolen by predatory guardians, crooked attorneys, and corrupted judges?  After all, probate is premised upon the individual having died.

You are dead in the law!

The most insidious motion filed in any guardianship case is the motion that creates the guardianship. This motion, once granted, removes all civil and constitutional rights of the person in question.  These people now do not even have the rights still afforded death row prisoners.  In effect these individuals now held prisoner by the predatory guardianship are “dead in the law” and the courts view them as if they are in fact, literally dead.  Dead people have no rights.

Once this fictional non-existence is blessed by the court, the court proceeds to treat the estate as if an actual death had occurred.

If these courts operated as prescribed by law, they could only address testate and intestate cases with the accompanying death certificate.

As these courts are now used routinely to facilitate the theft of estates from the living person, a nationwide system has developed wherein state agency personnel, predatory professional guardians, attorneys who make their living robbing estates and judges all carve up the estate of a living human being while that individual is held prisoner in a facility that is routinely used for these purposes and also profiting from the hostage situation.

During this time, and while the estate is being bled of its contents, it is not uncommon for the now hostage elderly or handicapped person to be administered heavy doses of psychotropic drugs to keep them subdued. This is especially handy when a “competency” test is administered.  This test supposedly confirms the predatory guardians’ allegations that the individual in question is not competent, yet, the guardian, nor the doctors involved will inform the court that the individual is heavily medicated with mind-altering drugs.

Actually, it is generally known by the court in advance that the person in question will be rendered unable to function normally and the courts will not allow any evidence to be introduced which would conflict with the pre-planned fictional rendering of the competency hearing.

Once the estate is depleted and all property has been re-titled to the predatory guardian, then sold for profit in many cases, and while the trusts funds, wills, medical directives and other legal instruments constructed by the actual owner of the estate are discarded by the courts the cash accounts are tapped incessantly for administrative charges by the predatory guardian. The estate is hammered constantly by attorneys who inflate their fees and file frivolous motions into the court.

Seldom are these predators asked to produce verifiable documentation for the expenses charged against the estate, and many times even under pressure cannot produce anything to validate the funds transferred from the victims personal accounts into the predators personal accounts.

This system of theft will continue until the entire estate has been stolen leaving the victim penniless. At this point, Medicare and Medicaid are used as the cash cow to cover medical expenses and the inflated charges of nursing, the doctors’ visits and vast amounts of medications are charged off to these services costing these services millions each year in padded billing.

They can’t do that! We got laws!

We may have laws, but in probate court these laws aren’t adhered to; not that they are to any extent in any other court either.  If you challenge the predatory guardian you will most likely be slapped with a restraining order, if not given jail time.

Any evidence that refutes the predatory guardians’ case or claims, is routinely rejected by the court.  They refuse to even look at it.

The victim is held in isolation and family and friends cannot visit or many times even know where the victim is being held.

Restraining orders against the family are commonly issued based on hearsay evidence, the source of which is usually the predatory guardian who invents a complaint….no other evidence needed.

Attempts to access the court for fair hearing of evidence or complaint of abuse, neglect, unneeded medical procedures and medications used against the victim most likely will result in contempt charges and jail time.

Attorneys for the victims, charging thousands if not tens of thousands of dollars for their services sit in these courts and refuse to represent their clients.  Most times they do not speak at all in the defense of the family or the victim.

The list of lawful rights being violated by these criminal courts is long and well documented.  Those listed above are just the tip of the iceberg.

So what can you do?

Apparently not much.  Families and spouses who have had their family member or spouses targeted by predatory guardianships have begged and pleaded with their local district attorneys, states attorneys, ombudsman, state and federal legislators, to no avail.

The police won’t take a report from you about neglect, abuse or mistreatment committed by the predatory guardian, etc., but they will kidnap your loved one and deliver them to the predatory guardians’ prison of choice. Then you will be told to go to your local health department and complain.  They send you to the district attorneys office who then sends you to the states attorney general who informs you that you need to make a report to the police.

And those elected officials? Those senators and representatives, both state and federal?  Useless.  The general response is one of two things:

  1. This is a legal issue and I can’t get involved; you need to hire an attorney.
  2. This comes under separation of powers and is out of my hands.

Neither of these canned statements amount to anything more than: “I don’t want to be bothered and you don’t have any money to contribute to my campaign.” These are the same public officials who went into state statutes in many states and removed the requirement of “due process”.  While this may be legal, it is not lawful.

These are the very people who can do something about this and they comprise the very governmental body that created the laws that facilitated this system of government sanctioned racketeering.

Our elderly and disabled are being victimized by corrupt probate judges and the established rings of predatory guardians and attorneys.  The same judges, attorneys, predatory guardians, adult protective agencies (a misnomer) and other agencies and personnel show up repeatedly in every area; its always the same group of individuals each working in one respective area of estate theft.

Be alarmed if state agency personnel show up with a predatory guardian, a stranger to the family, on speed dial. The money mill is about to start rolling.

The claim that estate planning will avoid these problems is false.  Probate courts have no problem discarding the instruments of planned estates to facilitate the theft. And who is going to stop them?  After all, they are only stealing from a person deemed to be dead in the law.  They’re just picking over the corpse.  That’s what vultures do.


This list is comprised of only some of the groups working to stop the abuse of the elderly.


Daniel Alert

Elder Abuse.html

Estate of Denial

Marked for Destruction


State Codes

Stop Elder Abuse

Victims Stories

Investigation into Guardianship Abuse



Please note that these resources all cite the fact that probate is premised on “death”.

Dead Mans Statutes

Read more: http://www.articlesbase.com/law-articles/what-is-probate-and-how-long-does-it-take-to-receive-inheritance-1131557.html#ixzz1EWfhxtRx
Under Creative Commons License: Attribution

Duties of a probate judge


Estate Administrator


15 Comments (+add yours?)

  1. ppjg
    Jun 14, 2019 @ 05:48:45

    Ricky…please get hold of me at tsrad1@outlook.com We have people in NC that might be able to help you. Marti


  2. rickryan86
    Jun 12, 2019 @ 11:53:00

    A lot of this has happened to my mother who worked at Fort Bragg civil service for over 22 years…. my younger brother was trying to explain to me what is going on but I had no concept I could not believe that this type of thing is going on in America where we currently live ,I thought he was totally insane until I realized every bit of it is true…… when the hospital system at the University of North Carolina at Chapel Hill locked her in a special ward for over 52 days and even me her oldest could not see her because I looked like my younger brother whose picture was plastered all over each floor warning the staff to call hospital security police if he showed up …….” because he knew what was going on and I resembled him” .. she passed away August 23 of 2018 and now they’re trying to take not only her property “ her home she worked so hard to almost pay for “with only 4 payment s left” but also the property She inherited from her mother when she died…. they’re also trying to take my younger brothers condominium in Miami Beach “to cover fake inflated hospital and attorneys fees as he had her sign over her property to him “ when she had Alzheimer’s .. “ she would’ve never down that as I am the oldest of her 3 sons”……. i’ve gone to several attorneys but now cannot trust anyone as afraid they are also in on this entire heyday of illegal activity just like the local hospital has claimed she owes but she has no previous bills “ as Her federal employees insurance was the best as coved every dime” I need to do something versus sit back and allow this to happen…. God gave me a talent and I’m going to utilize it to every extent …..being in the broadcast industry for over 26 years I am willing to go on television or radio to help anyway I can to put a stop to this insane activity…… these lawyers and hospitals doing this will continue unless they are uncovered..We need to expose this now. Any one that needs me to incorporate your story along with what has and is happening to my mothers , I will… just help me get to the network or studio and I will ……. Rick in the Carolinas


  3. wesley hallock
    Feb 11, 2019 @ 07:05:21

    Marty Oakley, Weve been campaining and fighting these criminals since 2015 here in CT, we thought we were the only ones, Its overwhelming, look up the U-TUBE video of the signs at the abandoned gas station in Newmilford , or Look up the Szollosy Case, under docket #LLI-CV 17-5008481-S, Im fighting Nothing but Fraud and Criminals !!


  4. Adequacy Assurance
    Jan 20, 2018 @ 15:12:30

    JURY TRIALS—-Proper Grand Jury Function and the enforcement of our rights to jury trial due process of law is the only way to properly secure the public’s rights.

    Although those operating in the probate arenas will quickly dismiss the notion of jury trial rights, none of them can answer or even begin to overcome the obvious conflicts that their actions have with the explicit constitutional rights to trial by jury, etc.


  5. ABLAW4You
    Jan 19, 2018 @ 20:18:14

    Great piece on this corrupt system. Lots of blowhards out there ..thanks for your diligence.


  6. cicilly
    Jan 19, 2018 @ 20:16:31

    i thought this was all just a case of hysteria……boy was I wrong.


  7. williamB
    Jan 19, 2018 @ 19:41:48

    CAl: when you want to know what is really going on this is the place to go. Miss M has been out front on this topic before most of these newbies thought it was worth their time. She pushed it into a national issue and now these newbies are trying to make it about them


  8. Probate Courts: Criminal racketeering sanctioned by government revisited | World4Justice : NOW! Lobby Forum.
    Jan 19, 2018 @ 19:35:36

  9. calTV
    Jan 19, 2018 @ 19:07:43

    Sent you an e inviting you to be on our broadcast. You are one of the few advocates out there devoted to the cause that isn’t tooting your own horn about how great you are. very admirable way to conduct yourself. We have noticed that many copy what you do and claim it as their own. Always remember that those who do this, do it from a position of envy and only wish they could be you. Please respond as soon as possible to our query. We would be willing to pay expenses to bring you in studio. mark


  10. K-Law
    Jan 19, 2018 @ 18:26:51

    Excellent treatise on the probate system.


  11. winston
    Jan 19, 2018 @ 17:55:18

    Thank you for all you do. If all these so called advocates were as dedicated as you we might could make some progress. but too many are leading with their big egos and want to make it all about them/ I dont know how you endure all these late comers who try to make it about their selves and how important they think they are.


  12. marcellas
    Jan 19, 2018 @ 16:41:56

    Jsut shared this to all the groups I belong to. very thankful we have you.


  13. johnno
    Jan 19, 2018 @ 16:38:15

    I have followed you since you came online. You never fail to state in no uncertain terms what actually is happening in one area or another. No wonder so many out there are so jealous of you and so hateful.. Those are some big shoes to fill….and all they do is regurgitate what you already said.


  14. cincin
    Jan 19, 2018 @ 16:34:53

    Great expose’. As always you nailed it. As the leading advocate on this you have blazed a trail for others to follow. Thank you for all you have done


  15. Katob
    Jan 19, 2018 @ 16:18:17

    Ms Oakley: thanks for your continuing efforts to expose this criminal racket. Of all the people out there now trying to take a bow for any efforts on this topic you have been out here the longest and the loudest.


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