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S 178… Probate is about to get far worse for families targeted

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Marti Oakley

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I am not a lawyer, and have never represented myself as being one. I don’t need to be one. The Constitution for the United States makes very clear that the law is to be accessible to everyone. I cannot claim ignorance of the law as a defense for anything and there is no requirement for me or you to obtain a BAR union card in order to access and use the law, stated anywhere in the Constitution. “Practicing law without a license” is a fiction of law.

“By abdicating its responsibility to the public, congress has ceded its power to act on behalf of the people to the second largest BAR Association in the country….the Department of Justice. How do you think that is going to turn out for those of us out here in no man’s land? Do you really believe the DOJ is going to implement any rule, regulations, or other other fictions of law that would adversely affect other Bar members or associations? Not a rat’s chance in a deacon box that will happen.”

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While many are applauding the provisions of S. 178: Robert Matava Elder Abuse Prosecution Act of 2017 I do not share this view.

Pay careful attention here to the word “ACT”. An ACT is something the government is going to do by force rather than by actual power granted to them in the Constitution. In this particular instance, congress is charging the DoJ with law making which is unconstitutional.

Those of us who have actually read the bill and have at least a modicum of understanding of how legislation actually works and affects us, know that this bill is going to cause irreparable harm not only to the elderly, but to those family members and others who have waged this battle against the growing human trafficking of the elderly by professional predators working in tandem with unethical attorney’s , corrupt probate administrators, Adult Protective Services agencies, and professional predators who prey on the elderly and others, and who make a parasitic living off the targeting of the elderly to profit themselves.

  • Did you see one word in this bill that addressed the issue of identity theft that results from being declared a ward of the state?
  • Is there one word about stopping the assumption of identity by the predators who now present themselves as the victim and begin bleeding the estate dry?
  • Was anything said about the resulting abuse, neglect and exploitation by professionals and agencies that results from this civil death? ( by declaring the living human being a “ward of the state”, the victim has suffered a civil death, equal in its legal consequences to natural death) You are dead in the law, but still breathing.
  • Was anything mentioned about holding these administrators liable for violating the rights of the targeted victim?
  • Did you see one word directing these probate tribunals to follow rules of evidence?
  • To cap fees?
  • To stop the predators from isolating the ward?
  • Anything about stopping chemical restraint to silence the victim?
  • Any sighting as criminal activity the actions by these predators who make their living stealing the lives of their victims for profit?

Are we really this ignorant? More

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Death via probate court: An American Horror Story

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new-logo25Marti Oakley  ©copyright 2013 All Rights Reserved

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Why am I in probate? I’m not dead!

Across the country an American Horror Story is unfolding as  massive numbers of elderly individuals who have committed the heinous crime of [aging with assets], now find themselves in probate court and officially declared dead in the law by virtue of being declared an incompetent ward of the state.  This is human trafficking sanctioned by not only the courts, but also by congresses, both state and federal who are well aware of these organized criminal activities, but who refused to acknowledge or act to defend the elderly from these predators.

This fictional declaration of death via probate court, is a careful construct patterned after the organized crime rings operating in family courts.  In one court we abduct, sell and trade minor children, and in the other we abduct, sell and exploit the lives and finances of the elderly. Everyone involved, from the so-called

probate court oversight

probate court oversight

protection agencies, judges, commercial predatory guardians, medical providers, hospitals, nursing homes and walls of unethical and immoral attorneys, line up to take a piece of the pie.

The pie can also be comprised of the monetary value in the Medicare/Medicaid system where targeted victims can be worth a million or more in inflated medical charges, padded medical billing, padded bills for doctors, insurance payments, thefts of social security benefits, VA benefits and whatever else may be out there in the way of grants, funding and subsidy.

Many times the “pie” can be comprised of liquid assets, stocks, bonds, property, valuable art and jewelry…..all of which can disappear into the accounts and pockets of the predators just as fast as the facilitating probate judge can declare the individual not only dead in the law, but incompetent as well.

Guardian and ward: legal definition

A guardian must take inventory and collect all the assets of the ward. Where permitted by law, title is taken in the ward’s name. Otherwise, the guardian owns the property “as guardian” for the ward, which indicates that the guardian has the legal right to hold or sell the property but must not use it for his or her personal benefit. The guardian must determine the value of the property and file a list of assets and their estimated value with the court. The guardian must collect the assets promptly, and is liable to the ward’s estate for any loss incurred owing to a failure to act promptly. (emphasis added)

Unfortunately, for those guardianized, the legal right to hold or sell property now claimed by the predatory commercial guardian, is used to benefit the predator personally.  Promptness as described in the legal definitions, is taken to new heights as predatory commercial guardians move at the speed of light to begin re-titling of property, seizure of accounts, transferring of personal funds, liquidation of any remaining assets; all of it ending up in the accounts or in the name of the predator, an attorney and/or a working partner to whom the properties are sold for pennies on the dollar.

This system of legalized grand larceny conducted by state agencies, attorneys, predator guardians, corrupt probate judges and other agencies and actors,  is condoned and covered up by higher court judges and those phony judicial oversight boards that exist in every situation. More

Probate Courts: Criminal racketeering sanctioned by government

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Marti Oakley (c)copyright 2011 All Rights Reserved 

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“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. “

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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! More

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