A truthful blog dedicated to the loving memory of my grandmother, Catherine DeMartini, who is another innocent victim of greedy conservators and their even greedier attorneys who monopolize over 40% of the conservator business in our beautiful City by the Bay!
San Francisco
Saturday, May 7, 2011
wikiprobate 5
wikiprobate discovers there are several victims of probate fraud who have joined forces to expose the lawyers, conservators and fiduciaries responsible for the multi-million dollar conservatorship scam in San Francisco.
Thursday, May 5, 2011
wikiprobate 4
Conservator of the Estate's Attorney Sought to Silence Me
At one point during the last hearing, the Conservator of the Estate's attorney attempted to silence me by complaining to the Judge about the blog....
Can you say Freedom of Speech? The Constitution of the United States Amendment I? Need a refresher course Mr. Attorney?
At one point during the last hearing, the Conservator of the Estate's attorney attempted to silence me by complaining to the Judge about the blog....
Can you say Freedom of Speech? The Constitution of the United States Amendment I? Need a refresher course Mr. Attorney?
Wednesday, May 4, 2011
wikiprobate 3
Beneficiary Rights!
The trustee* has a duty of confidentiality.
The trustee must not put her interests above those of the trust or the beneficiaries, and should avoid conflicts of interest with the trust and the beneficiaries.
The trustee should try to avoid even the appearance of self-dealing or that she has placed her interests above those of the trust or beneficiaries.
The trustee should act impartially between the competing interests of the various beneficiaries. The trustee should not favor a particular beneficiary.
Question for the trustee: One beneficiary received in excess of $150,000, and the trustee decided the beneficiary need only pay back $23,000. How was that decision in the best interest of all the beneficiaries?
* For purposes of wikiprobate 3, trustee shall be defined as Elizabeth Adler.
The trustee* has a duty of confidentiality.
The trustee must not put her interests above those of the trust or the beneficiaries, and should avoid conflicts of interest with the trust and the beneficiaries.
The trustee should try to avoid even the appearance of self-dealing or that she has placed her interests above those of the trust or beneficiaries.
The trustee should act impartially between the competing interests of the various beneficiaries. The trustee should not favor a particular beneficiary.
Question for the trustee: One beneficiary received in excess of $150,000, and the trustee decided the beneficiary need only pay back $23,000. How was that decision in the best interest of all the beneficiaries?
* For purposes of wikiprobate 3, trustee shall be defined as Elizabeth Adler.
Tuesday, May 3, 2011
wikiprobate 2
Professional conservator instructs medical personnel to insert stomach tube against conservatee's son's wishes.
Professional conservator violates rules of the court, state law and probate code by ignoring rules, law and code that requires 30 day notification when a conservatee's address changes.
Professional conservator refuses to allow conservatee to go home eventhough state law, probate code and rules of the court state that the conservator must prove with a preponderance of evidence that the home is not the best place for the conservatee. A hearing is mandated. No hearing!
Professional conservator's business provides in-home care services and charges up to $30 per hour for such services but would not allow Catherine DeMartini to benefit from in-home care.
Experts in the field of elder care as well as hospice professionals overwhelming encourage in-home care versus nursing home care.
Within 2 hours of conservatee's death, professional conservator claims "I'm done!"
aka LADY
Professional conservator violates rules of the court, state law and probate code by ignoring rules, law and code that requires 30 day notification when a conservatee's address changes.
Professional conservator refuses to allow conservatee to go home eventhough state law, probate code and rules of the court state that the conservator must prove with a preponderance of evidence that the home is not the best place for the conservatee. A hearing is mandated. No hearing!
Professional conservator's business provides in-home care services and charges up to $30 per hour for such services but would not allow Catherine DeMartini to benefit from in-home care.
Experts in the field of elder care as well as hospice professionals overwhelming encourage in-home care versus nursing home care.
Within 2 hours of conservatee's death, professional conservator claims "I'm done!"
aka LADY
Monday, May 2, 2011
wikiprobate 1
May 2, 2011
SF probate attorney acquires 1902 historic house through trustee sale
Probate attorney pays well below market value for historic house...$350ish *
Probate attorney converts house into condos
Probate attorney keeps one condo and sells the other for $1.4 millionish
* Probate attorney's property taxes are based on $350ish price
SF probate attorney acquires 1902 historic house through trustee sale
Probate attorney pays well below market value for historic house...$350ish *
Probate attorney converts house into condos
Probate attorney keeps one condo and sells the other for $1.4 millionish
* Probate attorney's property taxes are based on $350ish price
Sunday, May 1, 2011
Until the End
I could not let my Grandmother die alone.
I stayed with her from Thursday, April 14 until Tuesday, April 19, 2011. During this time, I came to realize why she feared dying in a nursing home.
That five day experience has changed my life forever. There is no dignity in dying in a nursing home. There is no sense of familiarity or comfort. It is cold and scary. It is the worst experience I could ever imagine.
The only way I got through it was knowing that my Grandmother was with me.
Now, I share my Grandmother's fear of dying in a nursing home.
I stayed with her from Thursday, April 14 until Tuesday, April 19, 2011. During this time, I came to realize why she feared dying in a nursing home.
That five day experience has changed my life forever. There is no dignity in dying in a nursing home. There is no sense of familiarity or comfort. It is cold and scary. It is the worst experience I could ever imagine.
The only way I got through it was knowing that my Grandmother was with me.
Now, I share my Grandmother's fear of dying in a nursing home.
The Accounting
It was because of me that Elizbeth Adler entered our lives. To prove my innocence, my attorney recommended that we have an impartial fiduciary prepare an accounting. I quickly agreed. I had nothing to hide. Enter Elizabeth Adler.
I met with Elizabeth Adler on 3 separate occasions, exchanged dozens of emails and provided her with hundreds of pages of documentation. I answered her never ending lists of questions. I even gave her full access to my bank accounts. Again, I had nothing to hide.
I cooperated with Ms. Adler even after the mediation that dismissed the case in October of 2009. I was innocent and wanted to prove that I had done nothing wrong. When Ms. Adler filed the exact same case against me six weeks later, I continued to work on collecting invoices, canceled checks and receipts to prove my innocence.
Several months ago, I provided Ms. Adler and her attorneys with a 3 1/2" binder containing the documentation she had requested. Additionally, I justified each expense contained in a 96 page, single spaced document she had an accountant prepare. Finally, I provided her with two more 3 1/2" binders full of bank account statements, additional receipts and documentation. Over 1200 pages documentation has been given to Ms. Adler.
Apparently, Ms. Adler and her attorneys haven't looked at the documentation provided to them. If they had, they would see that the Trust owes me money!
I have requested a jury trial. They are claiming I am not entitled to one.
What has happened sounds unbelievable even to me. Unfortunately, similar stories are being told over and over again all over the United States by other victims of conservator abuse.
I met with Elizabeth Adler on 3 separate occasions, exchanged dozens of emails and provided her with hundreds of pages of documentation. I answered her never ending lists of questions. I even gave her full access to my bank accounts. Again, I had nothing to hide.
I cooperated with Ms. Adler even after the mediation that dismissed the case in October of 2009. I was innocent and wanted to prove that I had done nothing wrong. When Ms. Adler filed the exact same case against me six weeks later, I continued to work on collecting invoices, canceled checks and receipts to prove my innocence.
Several months ago, I provided Ms. Adler and her attorneys with a 3 1/2" binder containing the documentation she had requested. Additionally, I justified each expense contained in a 96 page, single spaced document she had an accountant prepare. Finally, I provided her with two more 3 1/2" binders full of bank account statements, additional receipts and documentation. Over 1200 pages documentation has been given to Ms. Adler.
Apparently, Ms. Adler and her attorneys haven't looked at the documentation provided to them. If they had, they would see that the Trust owes me money!
I have requested a jury trial. They are claiming I am not entitled to one.
What has happened sounds unbelievable even to me. Unfortunately, similar stories are being told over and over again all over the United States by other victims of conservator abuse.
Subscribe to:
Posts (Atom)