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The Ghoulish Probate Courts
The ghoulish probate courts are where rapacious lawyers and corrupt judges team up to rob the dead.
This may be the biggest business in America!
“In a rich country, the stock of wealth that turns over as people die, one by one, is staggeringly large. In the United States, according to one estimate, some $41 trillion will pass from the dead to the living in the first half of the twenty-
One thing I’ve learned from my unfortunate litigation experience is that the purpose of probate courts is to enrich the “old boys club” of lawyers and judges who prey off the estates before them. This appears to be widespread -
Here are some links regarding other probate courts:
There is nothing new about probate court corruption. The probate courts (which handle conservatorships and trusts as well as probate estates) have a long and well-
I happen to have personal experience with Judge Letteau who also robbed my grandmother's estate in 1995 (a much much smaller estate). Somehow the same probate lawyer (Andrew Gifford of Riordan & McKinzie Law Firm) appears in both these cases. The probate courts are an "old boys club" where the judges and lawyers work together to rob the public. Sounds cynical, but it's a fact.
The ghoulish corruption of the probate courts results from the fact that one of the parties to an “action” is either dead (probate) or severely incapacitated (conservatorships). The adversarial mode of trial simply doesn’t work in these cases. And yet, in modern times, the probate courts have been given the powers of civil courts for the purpose of adversary proceedings.
However, probate courts have historically been a unique species of court. They were originally ecclesiastical courts in England vastly different from the other courts.
A 1962 Marquette Law Review article traces the history of probate courts.
“Although the probate courts derive historically from the ecclesiastical courts of England, their jurisdiction is different and wider, our county courts having jurisdiction in matters in probate formerly exercised by courts of chancery and common law.”
Why doesn’t the legislature should create a procedural paradigm for probate courts where the mode of trial is less adversary and is appropriate for the types of cases presented?
|The Story in a Nutshell|
|About the FB Trust|
|How It Began|
|How It Began Docs|
|What is a Trust?|
|Spendthrift Trusts Docs|
|Dead Hand Doctrine|
|Duties of a Trustee|
|Vexatious Litigant Statute|
|Bankruptcy Court Issues|
|Unpublished Opinions Issue|
|Public Policy Objections|
|The Five Categories|
|Constitutionality of VLS|
|My Petition for Division of Trust|
|Milking the Trust|
|The 391.7 Hearing|
|Probate Court Hearings Transcripts|
|The Clincher - "no reasonable probablity" of success|
|The 128.5 Hearing|
|US Bankruptcy Court|
|Judge Letteau Docs|
|CN Violates the Automatic Stay|
|US District Court I|
|U.S. District Court II|
|US 9th Cir Court I|
|US 9th Cir Court II|
|Diane Watson Letters|
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