Estate Planning & Intimidation with the Local County Probate Rackets.

Rackets: Are Courts Targeting Your Family …

https://www.stopprobatefraud.com › blog › 2018 › 10 › 12 › rackets-are-courts-targeting-your-familyHave Probate Courts Become a Crime Syndicate? A Peek Via: The Economist. Originally Published: October, 2014. THE protection racket was one of the first businesses the Sicilian mafia entered into. Mafiosi have shaken down firms, large and small, on the island for over 150 years.

Unconscionability in the Law of Trusts

https://scholarship.law.nd.edu › cgi › viewcontent.cgi?article=1222&context=ndlrSee, e.g., Peter Nicolas, Fighting the Probate Mafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. CAL. L. REv. 1479, 1482 (2001). Thus, in Marshall v. Marshall, 547 U.S. 293 (2006), the United States Supreme Court clarified that the “probate exception” only forbids federal courts from hearing issues2

The Probate Mafia www.probatemafia.com. Under the Color of Law Exists an Organized Crime Industry. Public Notice to the Texas Bar; What is the ProbateMafia? The Greatest Threat to National Security is the Corruption of Justice. We-Hold-These-Truths-To-Be-Self-Evident; Search. Search for: Close search.Public Notice to The Texas Bar – TheProbate Judge – Attorney Tamorah Christine Butts Texas State Bar No.

Fighting the Probate Mafia: a Dissection of The Probate …

https://fliphtml5.com › bmca › qvtj › basic › 51-70Check Pages 51 – 70 of FIGHTING THE PROBATEMAFIA: A DISSECTION OF THE PROBATE … in the flip PDF version. FIGHTING THE PROBATEMAFIA: A DISSECTION OF THE PROBATE … was published by on 2015-05-09. Find more similar flip PDFs like FIGHTING THE PROBATEMAFIA: A DISSECTION OF THE PROBATE …. Download FIGHTING THE PROBATEMAFIA: A DISSECTION OF THE PROBATE …

Fighting the probate mafia: A dissection of the probate …

https://www.researchgate.net › publication › 265758380_Fighting_the_probate_mafia_A_dissection_of_the_probate_exception_to_federal_court_jurisdictionGiardina v. Fontana, 733 F.2d 1047, 1053 (2d Cir. 1984). See also Caminiti, 962 F.2d at 703 (noting that where the probate court lacks jurisdiction over a particular claim as against a particular …

PDF United States Court of Appeals

https://ecf.ca8.uscourts.gov › opndir › 02 › 06 › 012898P-pdfNicolas, Fighting the ProbateMafia: A Dissection of the Probate Exception to Federal Court Jurisdiction , 74 S. Cal. L. Rev. 1479, 1493-94 & n.70 (2001) (gathering and discussing cases). Other courts, including our own, have recognized that there might be instances when the probate exception applies in diversity actions involving

PDF No. 04-1544 In the Supreme Court of the United States

https://www.justice.gov › sites › default › files › osg › briefs › 2005 › 01 › 01 › 2004-1544.mer.ami.pdfPeter Nicolas, Fighting the ProbateMafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. Cal. L. Rev. 1479 (2001) ….. 17 1, 8 1 John Norton Pomeroy, A Treatise on Equity Jurisprudence as Administered in the United States of America (5th ed. 1941) ….. 17 John F. Winkler, The Probate Jurisdiction of the

ElderAbuseHelp.Org: *Washington D.C. Probate Mafia

https://elder-abuse-cyberray.blogspot.com › 2009 › 12 › washington-dc-probate-mafia.htmlWashington D.C. ProbateMafia; Reason for this Page. Studies estimate that 50% of elderly American are victims of financial exploitation while only 4% to 15% case are ever reported. Financial swindles are one of the fastest growing forms of abuse of the elderly according to NCEA.

Marshall v. Marshall :: 547 U.S. 293 (2006) :: Justia US …

https://supreme.justia.com › cases › federal › us › 547 › 293See generally Nicolas, Fighting the ProbateMafia: A Dissection of the Probate Exception to Federal Jurisdiction, 74 S. Cal. L. Rev. 1479 (2001).

Home [www.citizen4justice.com]

www.citizen4justice.com The elderly, disabled, those with compromised health, significant legal claims and families of the newly deceased worth 200k+, are being hunted by an operation I call. The Las Vegas Probate Mafia

In Search of the Probate Exception

https://scholarship.law.vanderbilt.edu › cgi › viewcontent.cgi?article=1240&context=vlrgenerally Peter Nicolas, Fighting the ProbateMafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. CAL. L. REV. 1479, 1503-14 (2001) (chronicling Chancery’s power over decedents’ trusts, fraud claims, suits seeking discovery, and the administration of estates to protect heirs, creditors, and legatees). 9.

Probate Lawyer – Mafia Universe Wiki

https://www.mafiauniverse.com › wiki › Probate_LawyerGeneral. The Probate Lawyer won’t actually receive the last wills. Since last will mechanics are unusual, the host must immediately contact any dead townies before posting the day start story if the setup isn’t open to prevent them from potentially talking with other dead players about the game. The deadline for submitting the last will will …

PDF The Seventh Circuit Turns a Blind Eye to the Playmate: The …

https://www.kentlaw.iit.edu › sites › ck › files › public › academics › jd › 7cr › v2-1 › nagler.pdfFighting the ProbateMafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. CAL. L. REV. 1479, 1482-1483 (2001) (discussing various policy justifications for the probate exception). SEVENTH CIRCUIT REVIEW Volume 2, Issue 1 Fall 2006 63 question cases is less certain.4 Given that the …

Why Probate Courts Consistently Fail Us-2019 – Aaapg

https://aaapg.net › why-probate-courts-consistently-fail-us-2019why probate courts consistently fail us For years I have written about the shortcomings in our equity legal system particularly in probate guardianship. Having just celebrated National Elder Abuse Awareness Week, this is a good time to recall what makes equity probate court and the guardianships it creates such an enormous disappointment and in …

Michelle Malkin: Blowing The Lid Off Probate Predators …

https://vdare.org › articles › michelle-malkin-blowing-the-lid-off-probate-predatorsMichelle Malkin: Blowing The Lid Off Probate Predators. There is a silent epidemic in this country claiming the lives and property of untold numbers of innocent elderly and disabled Americans. It has nothing to do with exotic viruses. In fact, it’s a homegrown phenomenon involving corrupt elected officials, judges and lawyers.

Marshall v. Marshall – Harvard University

https://h2o.law.harvard.edu › cases › 3320MARSHALL. v. MARSHALL. No. 04-1544. Supreme Court of United States. Argued February 28, 2006. Decided May 1, 2006. [298] Kent L. Richland argued the cause for petitioner. With him on the briefs were Dana Gardner Adelstein, Alan Diamond, Edward L. Xanders, and Philip W. Boesch, Jr.

A Prudential Exercise: Abstention and the Probate …

https://repository.law.umich.edu › cgi › viewcontent.cgi?article=1574&context=mlrMafia: A Dissection of the Probate Exception . to . Federal Court Jurisdiction, 74 S. CAL. L. REv. 1479, 1500 & n.113 (2001). 17. Markham, 326 U.S. at 494 (“[A] federal court has no jurisdiction to probate a will or

Blowing the Lid off Probate Predators – The New American

https://thenewamerican.com › blowing-the-lid-off-probate-predatorsThe allegation that Harris threatened Nina Simone’s family in the battle over her estate will be very familiar to other families who have faced similar intimidation by the Probate Predator Mafia.

Blowing the Lid Off Probate Predators – The Conservative …

www.theconservativeinsider.com › blowing-the-lid-off-probate-predatorsThe family’s plight is still not over. Zurko’s assets have been liquidated by the conservators, and Lacy is saddled with $250,000 in legal bills. The allegation that Harris threatened Nina Simone’s family in the battle over her estate will be very familiar to other families who have faced similar intimidation by the Probate Predator Mafia.

Peter Nicolas | UW School of Law

https://www.law.uw.edu › directory › faculty › nicolas-peterPeter Nicolas, Fighting the ProbateMafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. Cal. L. Rev. 1479-1547 (2001). Peter Nicolas, The Use of Preclusion Doctrine, Antisuit Injunctions, and Forum Non Conveniens Dismissals in Transnational Intellectual Property Litigation, 40 Va. J. Int’l L. 331-404 (1999).

Michelle Malkin: Blowing the Lid Off Probate Predators …

https://www.cnsnews.com › commentary › michelle-malkin › michelle-malkin-blowing-lid-probate-predatorsThe family’s plight is still not over. Zurko’s assets have been liquidated by the conservators, and Lacy is saddled with $250,000 in legal bills. The allegation that Harris threatened Nina Simone’s family in the battle over her estate will be very familiar to other families who have faced similar intimidation by the Probate Predator Mafia.

Mexican Mafia hit focus of Pinal trial | Area News …

https://www.pinalcentral.com › casa_grande_dispatch › area_news › mexican-mafia-hit-focus-of-pinal-trial › article_9cf37e21-9e7b-542b-9854-0f903705cee4.htmlThe state labeled Armenta a “probate” of the Mexican Mafia at the time the letters were written. Parra explained the hierarchy of power that exists within the gang: starting with a single leader, followed by captains, lieutenants, sergeants and regular members.

Michelle Malkin: Blowing the Lid Off Probate Predators – AAAPG

https://aaapg.net › michelle-malkin-blowing-the-lid-off-probate-predatorsThe deadly disease running rampant in our court system is probate and guardianship abuse. This week, the granddaughter of the late iconic singer and songwriter Nina Simone blew the whistle on Vice President Kamala Harris’ alleged role in a scheme where the entertainer’s estate “was taken away from us” after she died in France in 2003.

PDF United States District Court Northern District of New York

files.constantcontact.com › 850d9fbc501 › 236a9c50-9fb6-4fb3-931f-d16cf4daab1d.pdfFighting the ProbateMafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. Cal. L. Rev. 1479, 1500 (2001). 2 Because issues of probate fell outside the jurisdiction of those courts (probate of wills and the administration of estates were left to England’s

Vf| Serie Mocro Maffia Streaming Vf Streamcomplet …

https://miamicountyprobatejuvenile.org › completstream › serie-mocro-maffia-streaming-vfMocro Mafia: Zakaria. N/A. 6. TMDb: 6/10 1 votes. 15-year-old Zakaria will face the toughest decisions of his life as he deals with juvenile detention, a new foster family and the temptations of organised crime. After a failed rescue attempt by Muis, the problems of 15-year-old Komtgoed are growing rapidly. A fight in the street escalates and …

Estates, Probate, Nina Simone and Kamala Harris | GOPUSA

https://www.gopusa.com › estates-probate-nina-simone-and-kamala-harrisThe allegation that Harris threatened Nina Simone’s family in the battle over her estate will be very familiar to other families who have faced similar intimidation by the Probate Predator Mafia …

Data aggregation sources and leads: regional newspapers, VP Taskforce, AltrueSoft Tech Platforms, Citizen to Citizen Reporting, Northwest Journal News, Grassroots Elder Advocate Organizations, State & national GAO research monitoring & grant projects. Key search terms: § 18-1505, § 39-5302, Adult Protective Services, Dept. of Health, Elder Abuse and Exploitation. Aggregated & direct interviews via Citizen research and complaints focused on corruption, professional cronyism among state licensed service providers such as Estate Planning Attorneys, Doctors, Physicians, Clinicians & coordinated medical/neurocognitive/capacity evaluations, Conservator, Court Visitor, LSW, Guardian, Guardianship, Trustee, Management Services, IRPC, Idaho State Bar, CMS, Hospital, Facility Management, SEC, FINRA, Code of Federal Regulations,Tax Fraud, Wealth Management Services, Certified Financial Forensics & CPA Investigation manuals, Uniform Code and many more industry compliance guidelines . Supported by research from over site sources, Bureau of Occupational Licenses and all State Statutes relevant to Negligence, Exploitation & Abuse including Probate Court monitoring, Senate Hearing on “Toxic Conservatorships“, recent federal legislation, Acts of Congress, Elder Justice Act, Elder Abuse Guide For Law Enforcement (EAGLE), American Bar Association & American Psychologists Association Resources on & Elder Abuse & Vulnerable Person Legislation.

Courtesy of Spokane; Washington, Sandpoint & Coeur d’alene; Kootenai County, Idaho Elder Abuse Advocates & Grassroots Networks.

2020 Idaho Elder Exploitation Protection Legislation Did Not Pass Senate.

Tragic loss for Idaho’s under-served senior community after a 21 to 48 loss on passing House Undue Influence & Elder Exploitation Bill 404.  Bill 404 was an overdue public safety reform that could have saved lives, families and possibly limited professional referral networks characterized by cronyism, conflicts-of-interest & self-dealing In North Idaho’s legal and geriatric service provider community. The 2020 Idaho elder exploitation protection legislation did not pass the house, thereby leaving the door wide open to wide-ranging family and fiduciary coercion, exploitation, fraud and undue influence that has been rapidly expanding in Idaho’s elder community.

https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2020/legislation/H0404.pdf

Why did Idaho Senate Bill 404 on elder exploitation & adding new Title 18 elder protection code not succeed? House Bill 404 was a very important piece of legislation and well written because it would have helped mitigate undue influence related exploitation by Power of Attorneys, estate planning attorneys, guardians, conservators, healthcare providers, bankers, stock brokers, at home care providers and nefarious family members. Senior citizen reports and crimes are increasing, particularly among disabled, elderly women in North Idaho. The Legislation would have  also mitigated the dangers presented by the legal community, probate court (guardianship-conservatorship crises), primary care physicians and patient advocates within healthcare facilities coordination and concealment of shocking elder abuse, exploitation and negligence related matters that are gravely affecting physically and cognitively disabled elderly women.

Bill 404 Wisely Created New Title 18 Section.

Coeur d’Alene Press July 19, 2019: Elder abuse: A big ugly secret

https://cdapress.com/…/19/elder-abuse-a-big-ugly-secret-5/

“Abuse is the intentional or negligent infliction of physical pain, or physical or mental injury. It happens right under our noses, behind closed doors. It happens right here in Idaho, right here in our city and, maybe, right in your neighborhood. Perpetrators are good at hiding their actions and victims are often unable or afraid to tell.”

“Why don’t the abused victims tell? Many victims won’t admit to being abused because it could get a loved one in trouble or end an important relationship. If an abuser is found guilty, what happens to the vulnerable elder? Some victims may feel shame and even blame themselves. They may be afraid of not being believed and of retaliation from the abuser. Some victims with dementia may not be able to speak out or understand what’s happening.”

Undue Influence Probate Precedents Demonstrate Why Legislation Like Senate Bill 404 are Necessary in Both the Short and the Long-term.

Research Focus State, Idaho: Elder Abuse, Undue Influence Cases & Probate Precedents.

1. Undue influence may be inferred from the fact that the beneficiary was active in the preparation of the will. In re Lunders’ Estate, (1953) 74 Idaho 448, 454, 263 P.2d 1002; Estate of Randall, (1939) 60 Idaho 419, 93 P.2d 1.

2. Undue influence has been defined as domination by the guilty party over the testator to such an extent that his free agency is destroyed and the will of another person substituted for that of the testator. In re Eggan’s Estate, 86 Idaho 328, 386 P.2d 563(1963); In re Lunders’ Estate, supra.

3. Although conclusive rights should not be given it, the fact that the testator having the capacity and ability to do so failed for a substantial period of time to change or revoke a will alleged to be the product of undue influence, negatives the claim of undue influence.” 94 C.J.S. Wills § 261, p.1143. With respect to a will which also continued unchanged for two years prior to the testator’s death, calling it strong evidence that he was not coerced into making it, but that it was entirely satisfactory to him when made and that satisfaction continued until his death.”Laberee v. Laberee, 112 Or. 44, 53, 227 P. 460, 462, 228 P. 686; In re McCaslin’s Estate (1960) 222 Or.599, 352 P.2d 1111.

4. If, prior to executing his last will, a testator shows a continuity of purpose running through his former wills and codicils which indicates a settled intent or consistent state of mind on his part as to manner of distributing his estate, such fact may be considered in determining whether he is in possession of a disposing mind, that is, had testamentary capacity and was free from undue influence in making his last will.” In re Nelson’s Estate, 72 Wyo. 444,266 P.2d 238 (1954); In re Hart’s Estate, 107 Cal.App.2d 60, 67, 236 P.2d 884, 889.

5. Weakened mental and physical condition of Testator are factors to be considered in determining question of undue influence. Estate of Brown, 52 Idaho 286, 15 P.2d 604; In re Lunders’ Estate, 74 Idaho 448, 263 P.2d 1002.

6. “Undue influence consists of domination by guilty party over testator to such extent that his freeagency is destroyed and will of another person is substituted for that of testator.” Witthoft v. Gathe, 38 Idaho 175, 221 P. 124; In re Lunders’ Estate, 74 Idaho 448, 263 P.2d 1002.

7. Undue influence is any means employed upon and with testator which under circumstances and conditions by which testator was surrounded, he could not well resist, and which controls his volition and induced him to do what otherwise would not have been done. In re Eggan’s Estate, 86 Idaho 328, 386 P.2d 563.

8. Influence arising from gratitude, affection or esteem is not undue, nor can it become such unless it destroys the free agency of the testator at the time the instrument is executed and shows that the disposition therein results from fraud, imposition and restraint of the person whose superior will prompts the execution of the testament in the particular manner which the testator adopted. In re Estate of Hill, 198 Or. 307, 335, 256 P.2d 735, 747; In re McCaslin’s Estate, 222 Or. 599, 352 P.2d 1111.

9. Influence gained by kindness and affection will not be regarded as undue if no imposition or fraud be practiced, even though it induced Testator to make unequal disposition of his property in favor of those who contributed to his comfort. In re Reddaway’s Estate, 214 Or. 410, 329 P.2d 886.

10. It is not sufficient for the contestant to merely prove circumstances consistent with the exercise of undue influence; that before the will can be overthrown the circumstances must be inconsistent with the voluntary action on the part of the testator. In re Welch’s Estate, 43 Cal.2d 173, 272 P.2d 512 (1954).

11. Mere existence of a confidential relationship to testator does not in itself establish undue influence. To set aside a will on the ground of undue influence there must be shown influence used directly to procure will, amounting to coercion destroying free agency on part of testator.In re Eggan’s Estate, 86 Idaho 328, 386 P.2d 563.

12. A will cannot be impeached by the subsequent oral declarations of the Testator. Gwin v. Gwin, 5Idaho 271, 48 P. 295.

13. The declarations of a testator made after the execution of a will showing his dissatisfaction therewith and his intention to execute a new will are not admissible to show that said will was executed under duress or undue influence. Gwin v. Gwin, 5 Idaho 271, 48 P. 295.

14. The general rule established by the overwhelming weight of authority is that declarations of the testator not made contemporaneously with the execution of the will, or so near thereto as to constitute a part of the res gestae, are not competent as direct or substantive evidence of the truth of the matters stated when offered on the issue of undue influence inducing the execution of the will. In re Estate of Wayne, 134 Or. 464, 291 P. 356, 294 P. 590,79 A.L.R. 1427; 148 A.L.R.1225.

15. A confidential relation exists between two persons, whether their relations be such as are technically fiduciary or merely informal, whenever one trusts in or relies on another. The question is whether or not trust was reposed. Sewell v. Ladd, (Mo.App. 1942) 158 S.W.2d 752,756.16. The existence of a confidential relation is purely a question of fact. Ringer v. Finrock, (Pa. 1941) 17 A.2d 348, 350.

17. A confidential relation may exist as a matter of fact whenever one person has reposed a special confidence in another to the extent that the parties do not deal with each other on equal terms, either because of an overmastering dominance on one side, or weakness, dependence or ignorance on the other side. Ringer v. Finrock, (1941) 340 Pa. 458, 17 A.2d 348, 350; Floyd v. Green, (1939) 238 Ala. 42, 188 So. 867, 871; In re Null’s Estate, (1930) 302 Pa. 64, 153 A. 137,139; In re Day’s Estate, (1953) 198 Or. 518, 257 P.2d 609, 614.

18. Where the beneficiary took the testator to a lawyer and remained with the testator during the preparation and execution of the will, even though the beneficiary was outside of the lawyer’s office, or in the waiting room, while the testator was conferring with the lawyer and while thewill was being executed, there is such evidence of activity in the preparation of the will that undue influence may be inferred from the presence of the beneficiary in this manner. In re Lunders’ Estate, (1953) 74 Idaho 448, 451, 263 P.2d 1002; Estate of Randall, (1939) 60 Idaho419, 93 P.2d 1; In re Gagliasso’s Estate, (1957) 150 Cal.App.2d 65, 309 P.2d 513, 514; In re Estate of Leonard, (1949) 92 Cal.App. 420, 207 P.2d 66, 72.

Elder Vulnerability Creates a Predator “Feeding Frenzy” Among Professionals Whom Service Senior Legal & Healthcare matters.

RELATED ARTICLE LINKS:

IDAHO PRESS: Court rules lawyer exercised ‘undue influence’ over elderly mother’s will. 

Idaho Probate Attorney has own brother disinherited while working on another case where 4 siblings, including a disabled child is disinherited.

Spokesman Review: Magnuson son sues siblings over estate.

Spokesman Review: Siblings battle in court over fate of forested ‘piece of heaven’ on Lake Pend Oreille.

Aligned Cronyism in Probate Court & Undue Influence

Entrenched Professional Cronyism in Probate Courts, A Key Factor in Elder Abuse & Exploitation.

The same Judge has biased council from aligned self-serving professionals, all whom have mutual interests to keep the cash-cow victim and their property under their authority in Guardianships and/or Conservatorships. This is a substantial and illicit conflict-of-interest—opposite of the Wards best interest. When those acting as officers for the court; lawyers, guardian ad litems, social workers/court visitors, evaluating clinicians & physicians work in-concert to conceal documents, evidence of abuse, exploitation & negligence — this essentially sabotages the machinery of justice; due process, amounts to perjury and each by definition, is a type of fraud upon the court.

RELATED ARTICLE LINKS:

OC Register: Money-draining probate system ‘like a plague on our senior citizens’

“…. often there is a little buddy-buddy system going on, sometimes a judge has friends who are attorneys,” said Thomas Coleman, a Palm Springs lawyer who specializes in representing the disabled.

Criminal ageism, sexism and “disabilism” rackets run through the county courts.

The municipal court’s crony-aligned network of professionals all receiving hundreds of dollars in hourly fees from the same vulnerable person’s estate (most often disabled elderly women).

BuzzFeed News : BEYOND BRITNEY: ABUSE, EXPLOITATION, AND DEATH INSIDE AMERICA’S GUARDIANSHIP INDUSTRY

BuzzFeed Article excerpt: In local courts across the country — often woefully unfit for the sweeping power they command — guardians, lawyers, and expert witnesses appear frequently before the same judges in an established network of overlapping financial and professional interests. They are often paid from the estate of the person whose freedom is on the line, creating powerful incentives to form guardianships and keep them in place.

“The judge knows the lawyers, the lawyers know each other,” said J. Ronald Denman, a former state prosecutor and Florida lawyer who has contested dozens of guardianships over the past decade. “The amount of abuse is crazy. You’re going against a rigged system.”

Seattle Times: Secrecy hides cozy ties in guardianship cases

Data aggregation sources courtesy of Spokane; Washington, Sandpoint & Coeur d’alene; Kootenai County, Idaho Grassroots Networks.

Elder Exploitation is An Industry with a Wide Membership of Aligned White-collar Professionals.

Predatory Estate Planning Attorneys often work in crony-aligned collusion networks. Premeditated elder exploitation crimes & networks—Estate Planner’s often have professional accomplices in their elder exploitation rackets, this can include Doctor’s, Guardians, Conservators, Evaluating Psychologists, Law Enforcement, Wealth Managers, Accountants, Social Workers, other attorneys acting as third party officers of the court and even Judges. The cross-referring professionals conceal materiel facts and cover for one another so they are rarely caught. Unfortunately for the communities were elder exploitation is rampant the good professionals practices are tarnished by the bad actors. Below is just a small sampling of examples.

Investigations into Predatory Estate Planners

TBI Investigation: Estate Planner Indicted in Rutherford County

FBI Financial Fraud Investigation. Lengthy Prison Term for Estate Planner Who Betrayed Clients. Julie Kronhaus was a well-regarded estate planner with impressive training and credentials.

How a Seattle attorney with ‘heart of gold’ ended up fleecing her brain-damaged client.

Attorney and Co-conspirators Convicted in $2.2 Million Estate Fraud Case

Prominent New Jersey attorney sentenced for scamming elderly

ISOLATE, MEDICATE, LIQUIDATE: How To Fleece A Senior

Data aggregation sources and leads: regional newspapers, VP Taskforce, CPSN & national GAO research monitoring & grant projects. Key search terms: § 18-1505, § 39-5302, Adult Protective Services, Dept. of Health, Elder Abuse and Exploitation in Coeur d’alene, Sandpoint, Idaho, Spokane, Washington consisting of Corrupt, Estate Planning, Attorney, Doctor, Psychologist Evaluation, Conservator, Court Visitor, LSW, Guardian, Guardianship, IRPC, Idaho State Bar, CMS, Hospital Bureau of Occupational License Negligence, Exploitation & Abuse in Kootenai County Probate Court, Toxic Conservatorship Senate Hearing, Congress, Elder Abuse & Vulnerable Person Legislation.

Undue Influence & Probate Research Projects

Research Focus State, Idaho: Elder Abuse, Undue Influence Cases & Probate Precedents.

1. Undue influence may be inferred from the fact that the beneficiary was active in the preparation of the will. In re Lunders’ Estate, (1953) 74 Idaho 448, 454, 263 P.2d 1002; Estate of Randall, (1939) 60 Idaho 419, 93 P.2d 1.

2. Undue influence has been defined as domination by the guilty party over the testator to such an extent that his free agency is destroyed and the will of another person substituted for that of the testator. In re Eggan’s Estate, 86 Idaho 328, 386 P.2d 563(1963); In re Lunders’ Estate, supra.

3. Although conclusive rights should not be given it, the fact that the testator having the capacity and ability to do so failed for a substantial period of time to change or revoke a will alleged to be the product of undue influence, negatives the claim of undue influence.” 94 C.J.S. Wills § 261, p.1143. With respect to a will which also continued unchanged for two years prior to the testator’s death, calling it strong evidence that he was not coerced into making it, but that it was entirely satisfactory to him when made and that satisfaction continued until his death.”Laberee v. Laberee, 112 Or. 44, 53, 227 P. 460, 462, 228 P. 686; In re McCaslin’s Estate (1960) 222 Or.599, 352 P.2d 1111.

4. If, prior to executing his last will, a testator shows a continuity of purpose running through his former wills and codicils which indicates a settled intent or consistent state of mind on his part as to manner of distributing his estate, such fact may be considered in determining whether he is in possession of a disposing mind, that is, had testamentary capacity and was free from undue influence in making his last will.” In re Nelson’s Estate, 72 Wyo. 444,266 P.2d 238 (1954); In re Hart’s Estate, 107 Cal.App.2d 60, 67, 236 P.2d 884, 889.

5. Weakened mental and physical condition of Testator are factors to be considered in determining question of undue influence. Estate of Brown, 52 Idaho 286, 15 P.2d 604; In re Lunders’ Estate, 74 Idaho 448, 263 P.2d 1002.

6. “Undue influence consists of domination by guilty party over testator to such extent that his freeagency is destroyed and will of another person is substituted for that of testator.” Witthoft v. Gathe, 38 Idaho 175, 221 P. 124; In re Lunders’ Estate, 74 Idaho 448, 263 P.2d 1002.

7. Undue influence is any means employed upon and with testator which under circumstances and conditions by which testator was surrounded, he could not well resist, and which controls his volition and induced him to do what otherwise would not have been done. In re Eggan’s Estate, 86 Idaho 328, 386 P.2d 563.

8. Influence arising from gratitude, affection or esteem is not undue, nor can it become such unless it destroys the free agency of the testator at the time the instrument is executed and shows that the disposition therein results from fraud, imposition and restraint of the person whose superior will prompts the execution of the testament in the particular manner which the testator adopted. In re Estate of Hill, 198 Or. 307, 335, 256 P.2d 735, 747; In re McCaslin’s Estate, 222 Or. 599, 352 P.2d 1111.

9. Influence gained by kindness and affection will not be regarded as undue if no imposition or fraud be practiced, even though it induced Testator to make unequal disposition of his property in favor of those who contributed to his comfort. In re Reddaway’s Estate, 214 Or. 410, 329 P.2d 886.

10. It is not sufficient for the contestant to merely prove circumstances consistent with the exercise of undue influence; that before the will can be overthrown the circumstances must be inconsistent with the voluntary action on the part of the testator. In re Welch’s Estate, 43 Cal.2d 173, 272 P.2d 512 (1954).

11. Mere existence of a confidential relationship to testator does not in itself establish undue influence. To set aside a will on the ground of undue influence there must be shown influence used directly to procure will, amounting to coercion destroying free agency on part of testator.In re Eggan’s Estate, 86 Idaho 328, 386 P.2d 563.

12. A will cannot be impeached by the subsequent oral declarations of the Testator. Gwin v. Gwin, 5Idaho 271, 48 P. 295.

13. The declarations of a testator made after the execution of a will showing his dissatisfaction therewith and his intention to execute a new will are not admissible to show that said will was executed under duress or undue influence. Gwin v. Gwin, 5 Idaho 271, 48 P. 295.

14. The general rule established by the overwhelming weight of authority is that declarations of the testator not made contemporaneously with the execution of the will, or so near thereto as to constitute a part of the res gestae, are not competent as direct or substantive evidence of the truth of the matters stated when offered on the issue of undue influence inducing the execution of the will. In re Estate of Wayne, 134 Or. 464, 291 P. 356, 294 P. 590,79 A.L.R. 1427; 148 A.L.R.1225.

15. A confidential relation exists between two persons, whether their relations be such as are technically fiduciary or merely informal, whenever one trusts in or relies on another. The question is whether or not trust was reposed. Sewell v. Ladd, (Mo.App. 1942) 158 S.W.2d 752,756.16. The existence of a confidential relation is purely a question of fact. Ringer v. Finrock, (Pa. 1941) 17 A.2d 348, 350.

17. A confidential relation may exist as a matter of fact whenever one person has reposed a special confidence in another to the extent that the parties do not deal with each other on equal terms, either because of an overmastering dominance on one side, or weakness, dependence or ignorance on the other side. Ringer v. Finrock, (1941) 340 Pa. 458, 17 A.2d 348, 350; Floyd v. Green, (1939) 238 Ala. 42, 188 So. 867, 871; In re Null’s Estate, (1930) 302 Pa. 64, 153 A. 137,139; In re Day’s Estate, (1953) 198 Or. 518, 257 P.2d 609, 614.

18. Where the beneficiary took the testator to a lawyer and remained with the testator during the preparation and execution of the will, even though the beneficiary was outside of the lawyer’s office, or in the waiting room, while the testator was conferring with the lawyer and while thewill was being executed, there is such evidence of activity in the preparation of the will that undue influence may be inferred from the presence of the beneficiary in this manner. In re Lunders’ Estate, (1953) 74 Idaho 448, 451, 263 P.2d 1002; Estate of Randall, (1939) 60 Idaho419, 93 P.2d 1; In re Gagliasso’s Estate, (1957) 150 Cal.App.2d 65, 309 P.2d 513, 514; In re Estate of Leonard, (1949) 92 Cal.App. 420, 207 P.2d 66, 72.

RELATED ARTICLE LINKS:

IDAHO PRESS: Court rules lawyer exercised ‘undue influence’ over elderly mother’s will. 

Idaho Probate Attorney has own brother disinherited while working on another case where 4 siblings, including a disabled child is disinherited.

Spokesman Review: Magnuson son sues siblings over estate.

Spokesman Review: Siblings battle in court over fate of forested ‘piece of heaven’ on Lake Pend Oreille.

Research assistance and citation’s courtesy of regional grass roots elder rights advocates & affiliated vulnerable person organizations.

Aligned Cronyism in Probate Court & Undue Influence

Entrenched Professional Cronyism in Probate Courts, A Key Factor in Elder Abuse & Exploitation.

The same Judge has biased council from aligned self-serving professionals, all whom have mutual interests to keep the cash-cow victim and their property under their authority in Guardianships and/or Conservatorships. This is a substantial and illicit conflict-of-interest—opposite of the Wards best interest. When those acting as officers for the court; lawyers, guardian ad litems, social workers/court visitors, evaluating clinicians & physicians work in-concert to conceal documents, evidence of abuse, exploitation & negligence — this essentially sabotages the machinery of justice; due process, amounts to perjury and each by definition, is a type of fraud upon the court.

OC Register: Money-draining probate system ‘like a plague on our senior citizens’

“…. often there is a little buddy-buddy system going on, sometimes a judge has friends who are attorneys,” said Thomas Coleman, a Palm Springs lawyer who specializes in representing the disabled.

Criminal ageism, sexism and “disabilism” rackets run through the county courts.

The municipal court’s crony-aligned network of professionals all receiving hundreds of dollars in hourly fees from the same vulnerable person’s estate (most often disabled elderly women).

BuzzFeed News : BEYOND BRITNEY: ABUSE, EXPLOITATION, AND DEATH INSIDE AMERICA’S GUARDIANSHIP INDUSTRY

BuzzFeed Article excerpt: In local courts across the country — often woefully unfit for the sweeping power they command — guardians, lawyers, and expert witnesses appear frequently before the same judges in an established network of overlapping financial and professional interests. They are often paid from the estate of the person whose freedom is on the line, creating powerful incentives to form guardianships and keep them in place.

“The judge knows the lawyers, the lawyers know each other,” said J. Ronald Denman, a former state prosecutor and Florida lawyer who has contested dozens of guardianships over the past decade. “The amount of abuse is crazy. You’re going against a rigged system.”

Seattle Times: Secrecy hides cozy ties in guardianship cases

RELATED ARTICLE LINKS:

IDAHO PRESS: Court rules lawyer exercised ‘undue influence’ over elderly mother’s will. 

Seattle Times: Secrecy Hides Cozy Ties in Guardianship Case

Idaho Probate Attorney has own brother disinherited while working on another case where 4 siblings, including a disabled child is disinherited.

Spokesman Review: Magnuson son sues siblings over estate.

Spokesman Review: Siblings battle in court over fate of forested ‘piece of heaven’ on Lake Pend Oreille.

Research assistance and citation’s courtesy of regional newspapers, grass roots elder rights advocates & affiliated vulnerable person organizations.

Data aggregation sources and leads: regional newspapers, VP Taskforce, AltrueSoft Tech Platforms, Citizen to Citizen Reporting, Northwest Journal News, Grassroots Elder Advocate Organizations, State & national GAO research monitoring & grant projects. Key search terms: § 18-1505, § 39-5302, Adult Protective Services, Dept. of Health, Elder Abuse and Exploitation. Aggregated & direct interviews via Citizen research and complaints focused on corruption, professional cronyism among state licensed service providers such as Estate Planning Attorneys, Doctors, Clinicians & Psychologist Evaluation, Conservator, Court Visitor, LSW, Guardian, Guardianship, Trustee, Management Services, IRPC, Idaho State Bar, CMS, Hospital, Facility Management SEC, FINRA, Code of Federal Regulations, Tax Fraud, Wealth Management Services, Certified Financial Forensics & CPA Investigation manuals, Uniform Code and many more industry compliance guidelines . Supported by research from over site sources, Bureau of Occupational Licenses and all State Statutes relevant to Negligence, Exploitation & Abuse including Probate Court monitoring, Senate Hearing on “Toxic Conservatorships“, recent federal legislation, Acts of Congress, Elder Justice Act, Elder Guide For Law Enforcement (EAGLE), American Bar Association & American Psychologists Association Resources on & Elder Abuse & Vulnerable Person Legislation.

Courtesy of Spokane; Washington, Sandpoint & Coeur d’alene; Kootenai County, Idaho Grassroots Networks.

Are elder with diminished capacity set up as the foundational capital in illicit wealth management Ponzi schemes and REITs? Tracking benefactors in Omnibus account may open clues to crony-aligned exploitation networks feeding of the vulnerable and unbeknownst senior citizen investors.

Elder Exploitation, Conversion, Omnibus Account Fraud & Ponzi Schemes.

The Elder Ponzi Scheme: Financial Elder Abuse, Beware If It Sounds To Good To Be True

Laws for Felony Fraud Schemes 18 U.S. Code § 1343]

Fraudulent IRA Conversions

“The defendants allegedly lured investors by saying the fund offered “safer returns” for individual retirement accounts.”

Omnibus Accounts Create an Increased Risk of Fraud

Securities and Exchange Commission v. Corbin L. Lambert, Civil Action No. 4:20-cv-03116 (D. Neb. filed September 28, 2020)

 

SEC.gov | Staff Bulletin: Risks Associated with Omnibus …

https://www.sec.gov › tm › risks-omnibus-accounts-transacting-low-priced-securities

This bulletin highlights for broker-dealers various risks arising from illicit activities associated with transactions in low-priced securities through omnibus accounts, particularly transactions effected on behalf of omnibus accounts maintained for foreign financial institutions. These risks are heightened when the identities of a foreign financial institution’s underlying customer and/or …

 

SEC.gov | Anti-Money Laundering: An Often-Overlooked …

https://www.sec.gov › news › speech › anti-money-laundering-an-often-overlooked-cornerstone.html

An important point highlighted by this case is that omnibus sub-account holders were considered customers under the CIP rule because Pinnacle treated the sub-account holders in the same manner as it did its regular account holders, allowing them to use direct market access software to enter securities trades with Pinnacle directly and instantly …

SEC: Securities fraud scheme, allegations for advisors …

 

https://www.financial-planning.com › news › sec-securities-fraud-scheme-allegations-for-advisors

Omnibus accounts let advisors trade securities on behalf of multiple clients at the same time in a “block trade” without identifying to the broker which trade was made for which client.

Data aggregation sources and leads: regional newspapers, VP Taskforce, AltrueSoft Tech Platforms, Citizen to Citizen Reporting, Northwest Journal News, Grassroots Elder Advocate Organizations, State & national GAO research monitoring & grant projects. Key search terms: § 18-1505, §39-5302, Adult Protective Services, Dept. of Health, Elder Abuse and Exploitation. Aggregated & direct interviews via Citizen research and
complaints focused on corruption, professional cronyism among state licensed service providers such as Estate Planning Attorneys, Doctors, Clinicians & Psychologist Evaluation, Conservator, Court Visitor, LSW, Guardian,
Guardianship, Trustee, Management Services, IRPC, Idaho State Bar, CMS, Hospital, Facility Management SEC, FINRA, Code of Federal Regulations, Tax Fraud, Wealth Management Services, Certified Financial Forensics & CPA Investigation manuals, Uniform Code and many more industry compliance guidelines . Supported by research from over site sources, Bureau of Occupational Licenses and all State Statutes relevant to Negligence, Exploitation & Abuse including Probate Court monitoring, Senate Hearing on “Toxic Conservatorships“, recent federal legislation, Acts of Congress, Elder Justice Act, Elder Guide For Law Enforcement (EAGLE), American
Bar Association & American Psychologists Association Resources on & Elder Abuse & Vulnerable Person Legislation.

Courtesy of Spokane; Washington, Sandpoint & Coeur d’alene; Kootenai County, Idaho Grassroots Networks.

Data-driven White & Silver Collar Fraud Perpetrator Profiling and Tracking System as an Integrated Software Suite.

VP TASKFORCE™ is public safety technology. The VP TASKFORCE™ public safety tool suite & platforms include the following integrated applications: CITIZEN SAFETY MAPS™, Sherlock AI™ data-curating Detective, AEGIS Reports ™ and WHISTLEFIELD™ a mobile education, perpetrator alert, tracking and profiling App. Together this on and offline public safety social technology: documents, investigates, alerts and provides vulnerable person and the public relevant alerts, educational information and proximately based reporting features.

Access full size VP TASKFORCE™ Whitepaper.

VP TASKFORCE™ can pair & cross-reference system profiles, track and curates research on white-collar crime, white-collar criminal patterns, aligned-crony exploitation networks targeting a single or group vulnerable person’s subject to financial exploitation, negligence, abuse, malpractice, collusion (aligned-cronyism) networks, industry and business compliance violations. The research and investigative applications provide trend-spotting, AI and crowd-source data capture, repeating behavior risk analysis, tactical alert systems via multiple layer Geo API map overlays, gamut logistics, ranked threat detection, citizen-to-citizen/county/state legislature reporting features and the tertiary level alleged perpetrator educational awareness, repeat behavior tracking, evidence profiling and research access platforms. These privately funded products and services are not affiliated with any state board, professional regulatory authority or government agency; therefor public transparency is more accessible board, professional regulatory authority or government agency; therefor public transparency is more accessible.

Civic Accountability Solutions. The Altruesoft software suite’s direct evidence documentation and citizen-to-citizen (C2C) reporting platforms provide the perfect solution for verifiable whistle-blowing, citizen policing, civic accountability tracking, compliance reporting and perpetrator profiling through; direct victim testimony, field-data gathering, crowd-sourcing, AI source retrieval, repository analysis, advocate repeating pattern research, litigation evidence and public safety geo-location alert systems.