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Death via probate court: An American Horror Story

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new-logo25Marti Oakley  ©copyright 2013 All Rights Reserved

Revised from original article of 2013.  Six years later and still this system runs without interference.

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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

Opportunistic Racism IN THE DC PROBATE COURT

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Laura Francois-Eugene

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‘EASY (BLACK) MONEY’

You may think a probate court like the one in our nation’s capitol functions to preserve and protect the financial assets of dependent and defenseless senior citizens.  Think again!

What it mostly does is steal their money and discard the disposable human remains behind the imprimatur of government sanction, leaving only poverty, betrayal and emotional devastion in its wake.

THE UGLY REALITY IS THIS:

The DC probate system targets African-Americans and their families who have the misfortune of (a) living in its jurisdiction, and (b) lacking the political and educational wherewithal to fight back against a corrupt system of opportunistic rascism that leaves victims intimidated, isolated, and outgunned in their futile resistance against a cold and cruel government take-over of their lives.  In this way, elderly African-Americans are easy pickins – a steady stream of cash-for-the-taking by greedy court minions who wouldn’t dare try this scam on more affluent and connected white families.

Just ask Jenny Horace, a 91 year old Black woman living in the North West section of Washington, DC.  Mrs. Horace is in good health and has an attentive daughter who helped her with her daily routines.  The mother enjoyed regular outings with her daughter. She attended church on Sundays and often afterwards visits with friends and neighbors.  Mrs. Horace lived independently in her home for more than 50 years.

The “problem” is that she owns her home.  This means she has money.  And the people at DC Probate want it. More

California Guardianship Abuse: A systemic violation of civil,economic and social human rights.

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Janet Phelan:  Contributing Author
Personal Account

Website:  JanetPhelan.com

“With a Judge issuing Restraining Orders for life saving efforts by a loving daughter, then depriving the restrained party to her legal right to a hearing, it was felt that Amalie would have a better chance with a jury than with this obviously corrupt judge.”

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All documents referred to in this letter can be obtained by contacting Ms. Phelan through her personal website.  It is interesting to note that the California Professional Fiduciary Bureau has refused to acknowledge receipt of Ms. Phelan’s documents.  Refusing receipt allows them to withhold a document locator number.  No Receipt, no locator number……plausible deniability.  Damn handy system they have in California!

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Amalie Phelan—RIP 080974

As a reporter, I have researched and written a number of articles detailing the unscrupulous “business practices” of conservator Melodie Z. Scott and her attorney, J. David Horspool. The articles, published in the San Bernardino County Sentinel and elsewhere, are available in the Sentinel’s archives and elsewhere on the web. This particular document shall constitute my own statement as to what transpired in the conservatorship of my mother, Dr. Amalie Phelan under the reins of Melodie Scott. While on the surface this appears to be a “civil” matter, it is anything but. As my research into her practices has indicated, Melodie Scott has been euthanizing her clients and stealing their money with the full sanction of the justice system, possibly for decades. Due to the complicity of all those assisting Scott (either by commission or omission)—Bar certified attorneys, judges, police, Adult Protective Services, the California Department of Justice and the FBI—this qualifies as a systemic violation of civil, economic and social human rights. 

Given the nature and scope of systemic complicity and the fact that cases of this nature cannot be presented to the U.S. Supreme court it is clear that there is no access to remedy or justice within U.S. domestic law. Melodie Scott does not act alone. We have a system in place which sanctions these crimes against the lives and property of U.S. citizens. I submit that my mother was systemically victimized to death. 

My mother, Dr. Amalie Phelan, first visited Attorney Horspool in the fall of 2001. My sister, Judith Phelan, had been residing with my widowed mother. After Dad died in 1997, my mother and I discovered that my sister Judith Phelan had begun stealing from the family estate, at one time valued at approximately $1 million dollars. In an effort to curtail the hemorrhaging of the estate by my sister, and reluctant to initiate criminal proceedings against her, my mother and I approached J. David Horspool, seeking a fiduciary to help handle the funds of my mother, who was in her eighties. Horspool requested payment of $5000 for his services in locating a fiduciary and was so paid.  More

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