Probate Courts: Criminal racketeering sanctioned by government

Dees Illustration

Marti Oakley, Contributing Writer
Activist Post

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!

The most insidious motion filed in any guardianship case is the motion that creates the guardianship. This motion, once granted, removes all civil and constitutional rights of the person in question.  These people now do not even have the rights still afforded death row prisoners.  In effect these individuals now held prisoner by the predatory guardianship are “dead in the law” and the courts view them as if they are in fact, literally dead.  Dead people have no rights.

Once this fictional non-existence is blessed by the court, the court proceeds to treat the estate as if an actual death had occurred.

If these courts operated as prescribed by law, they could only address testate and intestate cases with the accompanying death certificate.

As these courts are now used routinely to facilitate the theft of estates from the living person, a nationwide system has developed wherein state agency personnel, predatory professional guardians, attorneys who make their living robbing estates and judges all carve up the estate of a living human being while that individual is held prisoner in a facility that is routinely used for these purposes and also profiting from the hostage situation. 

During this time, and while the estate is being bled of its contents, it is not uncommon for the now hostage elderly or handicapped person to be administered heavy doses of psychotropic drugs to keep them subdued. This is especially handy when a “competency” test is administered.  This test supposedly confirms the predatory guardians’ allegations that the individual in question is not competent, yet, the guardian, nor the doctors involved will inform the court that the individual is heavily medicated with mind-altering drugs.

Actually, it is generally known by the court in advance that the person in question will be rendered unable to function normally and the courts will not allow any evidence to be introduced which would conflict with the pre-planned fictional rendering of the competency hearing.

Once the estate is depleted and all property has been re-titled to the predatory guardian, then sold for profit in many cases, and while the trusts funds, wills, medical directives and other legal instruments constructed by the actual owner of the estate are discarded by the courts the cash accounts are tapped incessantly for administrative charges by the predatory guardian. The estate is hammered constantly by attorneys who inflate their fees and file frivolous motions into the court.

Seldom are these predators asked to produce verifiable documentation for the expenses charged against the estate, and many times even under pressure cannot produce anything to validate the funds transferred from the victims personal accounts into the predators personal accounts.

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.

They can’t do that! We got laws!

We may have laws, but in probate court these laws aren’t adhered to; not that they are to any extent in any other court either.  If you challenge the predatory guardian you will most likely be slapped with a restraining order, if not given jail time.

Any evidence that refutes the predatory guardians’ case or claims, is routinely rejected by the court.  They refuse to even look at it.

The victim is held in isolation and family and friends cannot visit or many times even know where the victim is being held.

Restraining orders against the family are commonly issued based on hearsay evidence, the source of which is usually the predatory guardian who invents a complaint….no other evidence needed.

Attempts to access the court for fair hearing of evidence or complaint of abuse, neglect, unneeded medical procedures and medications used against the victim most likely will result in contempt charges and jail time.

Attorneys for the victims, charging thousands if not tens of thousands of dollars for their services sit in these courts and refuse to represent their clients.  Most times they do not speak at all in the defense of the family or the victim.

The list of lawful rights being violated by these criminal courts is long and well documented.  Those listed above are just the tip of the iceberg.

So what can you do?

Apparently not much.  Families and spouses who have had their family member or spouses targeted by predatory guardianships have begged and pleaded with their local district attorneys, states attorneys, ombudsman, state and federal legislators, to no avail.

The police won’t take a report from you about neglect, abuse or mistreatment committed by the predatory guardian, etc., but they will kidnap your loved one and deliver them to the predatory guardians’ prison of choice. Then you will be told to go to your local health department and complain.  They send you to the district attorneys office who then sends you to the states attorney general who informs you that you need to make a report to the police.

And those elected officials? Those senators and representatives, both state and federal?  Useless.  The general response is one of two things:

1. This is a legal issue and I can’t get involved; you need to hire an attorney.
2. This comes under separation of powers and is out of my hands.

Neither of these canned statements amount to anything more than: “I don’t want to be bothered and you don’t have any money to contribute to my campaign.” These are the same public officials who went into state statutes in many states and removed the requirement of “due process”.  While this may be legal, it is not lawful.

These are the very people who can do something about this and they comprise the very governmental body that created the laws that facilitated this system of government sanctioned racketeering.

Our elderly and disabled are being victimized by corrupt probate judges and the established rings of predatory guardians and attorneys.  The same judges, attorneys, predatory guardians, adult protective agencies (a misnomer) and other agencies and personnel show up repeatedly in every area; its always the same group of individuals each working in one respective area of estate theft.

Be alarmed if state agency personnel show up with a predatory guardian, a stranger to the family, on speed dial. The money mill is about to start rolling.

The claim that estate planning will avoid these problems is false.  Probate courts have no problem discarding the instruments of planned estates to facilitate the theft. And who is going to stop them?  After all, they are only stealing from a person deemed to be dead in the law.  They’re just picking over the corpse.  That’s what vultures do.
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This list is comprised of only some of the groups working to stop the abuse of the elderly.
ANGR: 
Daniel Alert
Elder Abuse.html
Estate of Denial
Janet Phelan Report
Marked for Destruction
NASGA
State Codes
Stop Elder Abuse
Victims Stories
Investigation into Guardianship Abuse
CBS NEWS Report
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Please note that these resources all cite the fact that probate is premised on “death”.
Dead Mans Statutes
http://dictionary.findlaw.com/definition/dead-man-s-statute.html
Read more: http://www.articlesbase.com/law-articles/what-is-probate-and-how-long-does-it-take-to-receive-inheritance-1131557.html#ixzz1EWfhxtRx
Under Creative Commons License: Attribution
Duties of a probate judge
http://www.ehow.com/about_5082374_duties-probate-judge.html
Estate Administrator
 http://www.simonvolkov.com/estate-administrator.html

Marti Oakley is a political activist and former op-ed columnist for the St Cloud Times in Minnesota. She was a member of the Times Writer’s Group until she resigned in September of 07. She is neither Democrat nor Republican, since neither party is representative of the American people. She says what she thinks, means what she says, and is known for being outspoken. She is hopeful that the American public will wake up to what is happening to our beloved country . . . little of it is left.  Her website is The PPJ Gazette   

Related Article by Marti Oakley:
Granny-knapping: One Iowa family fights to free their mother from predatory guardianship