Editor’s Note: Probate reform is not possible in my opinion. The only solution is to abolish it altogether. No one should have their identity stolen by court approved and appointed predators and NO ONE should be deprived of their Constitutional protection by being rendered dead in the law. This is a money laundering scheme where estates are plundered by professional predators who prey on the elderly and the disabled to enrich themselves. These tribunals are unconstitutional and violate numerous protected rights.
In 2013, a former Berkeley resident, Greg Cooke, was diagnosed with Alzheimer’s disease. A physician deemed Mr. Cooke’s wife unable to care for him, and he was referred to a nursing home. A private conservator became aware of Mr. Cooke’s situation and began to petition for conservatorship. Mr. Cooke’s wife fought to retain her role as his caregiver, but ultimately, the Alameda County Probate Court assigned Mr. Cooke to the private conservator. The conservator began billing Mr. Cooke $8,000 a month in the form of excessive fees and charges. The conservator refused to communicate with Mr. Cooke’s family regarding his condition. They refused his family visitation rights and recently sent a letter to Mr. Cooke’s wife stating that he was deceased. Yet, in spite of the letter, the conservator has continued to bill Mr. Cooke’s estate.
Our probate court system is failing seniors and people with disabilities such as Mr. Cooke. Predatory for-profit conservators are taking advantage of vulnerable community members through a system of conservatorship that is rife with elder abuse and civil-rights violations. This process is a part of a larger trend robbing families of color of their property and wealth. This year marks the 50th anniversary of the Fair Housing Act and it is time to address this problem.
A conservatorship in California is a probate court proceeding where a judge appoints a caretaker for an adult unable to care for him or herself.
Once a conservatorship is established, the caretaker (legally termed a ‘conservator’) has nearly total control over the person put under his or her care (a ‘conservatee’).
“When Probate Court Attorneys and Judges Lawlessly and Maliciously Dissever a Fellow Attorney from His Family, Despite Long-time, Executed Advanced Planning Instruments, Best Believe Private Citizens Are Easy Pickings”
For more than five years, my sister, Devora, and I have been vigilantly pursuing and defending our family’s right—and all other citizens’ rights—to be free from tyranny by our local government. Since 2011, without any legitimate or valid basis whatsoever, Massachusetts public officials involved with the Probate & Family Court began their trampling of our family’s rights to due process and to protection of the integrity of the family unit guaranteed by the U.S. Constitution.
After years of my personally going to various counties of the Massachusetts Probate & Court system, viewing and obtaining public court records of inordinate other families litigating guardianships and conservatorships, beyond a doubt, this is happening EVERY SINGLE DAY in Massachusetts—which documentation is all publicly accessible and filed in the Massachusetts Federal District Court under the civil action of Belanger, et al. v. BNY Mellon, et al (Docket no. 1:15-cv-10198-ADB).
Moreover, this happens to private citizens regardless of how much money they have—rich or poor. The only prerequisite is that the victim receives some form of governmental benefit. The bread and butter of this probate court industrial complex is Medicaid/Medicare fraud.
Atty. Marsha Kazarosian
For some reason, Auditor Suzanne Bump does not wish to conduct an audit of court appointed guardians and conservators. The filed court documentation overwhelmingly shows that Massachusetts citizens are ALL for the taking by these probate court predators, being cloaked under the color of law and protected by AG Healey.
Just like the non-stop, talk radio ads that claim to “protect your money and family from the probate court” if you hire them to prepare written instruments that the probate court supposedly has to abide by, our father, Marvin Siegel, a retired attorney having practiced law in Downtown Boston for over 50 years, spent large sums of money hiring prominent, expert attorneys to prepare such written instruments. He did so believing that his family would never have to be subjected to dealing with the probate courts. Especially as an attorney, our father executed a Durable Power of Attorney particularly designed to keep him from never having to suffer public humiliation by being judicially declared incompetent. More
The video below is a brief history of the torment and abuse of Gary Harvey, a man who served his country, who led an active and vibrant life before sustaining a head injury in his home. At the hands of a predatory guardian, Adult Protective Services, a lucrative and powerful law firm, and a hospital that is raking in more than a million per year keeping him, Gary has been held as a virtual prisoner in the hospital.
Twice, there have been efforts to end Gary’s life through starvation and dehydration. Sara fought and won the battle to keep her husband alive. Even still, the documented neglect, constant infections left unattended, massive bed sores, numerous surgeries for unknown reasons, and the courts refusal to allow Gary to be returned home where his wife could care for him go on unabated. After all, Gary is an absolute cash cow for the system.
Sara has been the target of unsubstantiated accusations by the predators involved. If and when she is “allowed” to visit her husband, a security guard is present, she is not allowed to take pictures, she is not allowed to hold his hand, kiss him or otherwise show him any affection.
Think this is an isolated situation? Think again! This is happening in every town, city and state in the country. This could happen to you! Your wife, husband, father, mother, child…….no one is exempt from the organized criminal rings operating with and through our family and probate courts.
The Gary Harvey case illustrates a terrible, terrible irony: a Veteran denied the very freedom our Veterans have fought for. Denying Gary Harvey the comfort of his wife is cruel and inhumane treatment. Join the national movement for reform of unlawful and abusive guardianships and conservatorships —- join NASGA!
There are many ways elderly, sick and disabled people can wind up in a court-appointed guardianship, where a complete stranger wields total control over their lives and assets. Some are identified as “incapacitated” by paid caregivers. Others are fingered by greedy relatives or rapacious lawyers.But members of the National Association to Stop Guardian Abuse, who spoke out last week on Capitol Hill, agree that once a loved one is placed in a guardianship, they are stripped of all their civil and constitutional rights and death is often the only way out.
That was the case for 72-year-old Yvonne Sarhan, the widowed mother of Miami physician Robert Sarhan, who was declared “incapacitated” at a secret ex parte (“one side only”) hearing.
Guardians helped themselves to her $2 million estate while a Florida probate judge ignored her son’s desperate pleas to take her off the schizophrenia drug Seroquel, which is contraindicated for the elderly because it causes electrical disturbances in the heart.
“The word ‘incapacitated’ has no medical meaning,” Dr. Sarhan told The Examiner. “Two board-certified neurologists both agreed my mother was competent. She was a bit forgetful, but she was still able to go to the grocery store and church.”
Yet it continued even after Dr. Sarhan produced documented evidence that the same lawyer representing his mother also represented the court-appointed guardian who was billing her estate. More
Marti Oakley (c)copyright 2011 All Rights Reserved
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The routine exclusion of evidence, the statements by more than one judge to the effect that the law is what they say it is, and, that in their court they don’t want to hear about your rights, should have us all demanding an investigation.
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Since posting my article on the current condition of our judicial system, I have received numerous emails and phone calls from individuals across the country. Based on these continuing communications I have concluded that the average citizen is in far more danger stepping into a court room of any kind, than from any commonly recognized criminal activity on the street. At least with a street criminal you stand a chance of defending yourself.
Many of the people who contacted me spoke of going so far as to meet with the FBI in the hopes of getting an investigation launched into the criminal conduct of not only judges, but also of state agency actors who, acting under the auspices of their offices repeatedly violated not only the law but the civil and lawful rights of individuals. Many of these actors believe they are immune from prosecution due to the office they hold. While the office itself may be immune, the individual occupying it can be held personally liable under a constitutional tort. This can be intentional or negligent. These tort claims hold the official directly and personally responsible for their actions; which is exactly why “tort reform” is high on the agenda of things to get done, in the District of Criminals. http://www.law.harvard.edu/students/orgs/crcl/vol38_2/park.pdf
In absolutely every case, without exception, of those who approached the FBI in their respective states, a stock answer was delivered to those hopeful for some kind of help from this agency. That answer is: More
Marti Oakley (c)copyright 2018 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.
The attached letter to Judge Gerrit of the California Probate Court is indicative of the treatment of family members of victims under predatory guardianships; A predatory system the courts appear more than willing to participate in.>>>>>>>>>>>>>>>>
Atached is a copy of the completed letter as sent to Judge Gerrit Wood of the Sacramento Probate Court on Feb. 9, 2011.
I also sent a copy to the Government Accountability Office in Washington, DC; Professional Fiduciary Bureau in Sacramento, and Chief Justice Tani Cantil-Sakauy of the California Judicial Counsel in San Francisco, California.
Roberta Jones is my sister and is pro-per at this time.
Jackie Powell is a step-sister living in Oklahoma and is represented by Daniel Spector.
Carolyn Young is the trustee represented by Leland Ellison.
I believe Leland Ellison is representing Carolyn Young on paper only. It is my understanding Tosh Yamamoto directs Young in all estates under her authority. In this case,no doubt, Ellison stepped in because of the conflict of Yamamoto representing me as trustee when this case began in 2001.
The letter is self explanatory as for the reasons I decided to write and send it. Too many issues in my father’s case have been ignored by the courts when ruling on these matters.
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Honorable Gerrit Wood February 9, 2011
William R. Ridgeway Family Relations Courthouse
3341 Power Inn Road
Sacramento, CA. 95826
RE: The Johnson Revocable Living Trust
Case number 01PR00500/01PR00952
Dear Judge Wood,
At our last hearing, June 18, 2010, you instructed Carolyn Young to update the beneficiaries in February 2011 on the one remaining asset in my parent’s trust, a five acre parcel, and appear in your court again on March 11, 2011.
When you were appointed to the Probate Court, I hoped we would finally have an opportunity for justice.
I have pointed out the numerous unethical and inexcusable acts committed by Carolyn Young as trustee, with attached supporting documentation, in my past filings. You have allowed and ordered Young to stay in place, ignoring the facts I presented and the wishes of the creators of this Trust, Mr. and Mrs. Clarence Johnson. More
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