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Amendment 7 to the United States Constitution states:

"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."

We are scheduled for a hearing tomorrow regarding the topic of my right to a jury trial.  Mr. Siracusa and Mr. McCaffrey do not think I am entitled to a jury trial but after reading Amendment 7 I think they both may have missed the U.S. Constitution curriculum when they attended law school.

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wikiprobate discovers the conservator of the person violated even more rules contained in the Conservator Handbook which is published by the Superior Court of California.  SHAME, SHAME, SHAME!

Isolated conservatee from family members.

Refused to provide documentation regarding insurance, accreditation, proof of citizenship or other documentation verifying the caregivers right to work in the U.S.,did not provide proof of worker's compensation or liability insurance, etc...even after one of the caregivers drove up on the sidewalk with conservatee in the car and nearly ran over a neighbor.  Now this conservator provides in-home care as a part of his business to the tune of OVER $25 per hour!  His company does it all.  Conservatorships, financial oversight, in home care services, case management.  One stop shopping with no checks and balances.

Did not notify court in a timely manner regarding conservatee's residence change, and in fact did not notify the court for 4 months.

Breached confidentiality by sharing conservatee's private information with unauthorized persons.

Did not allow conservatee access to her doctor of over 20 years.

Removed conservatee's clothes from her bedroom closet, packed them up in boxes and moved them downstairs where conservatee could not access them.  Conservatee then wore the same outfit over and over and over again.

Caregiver refused to allow conservatee to spend time in her beloved garden.

Conservator allowed the garden to become overrun with 4 to 5 foot weeds.

Conservatee was not taken to Church on a weekly basis or at all for that matter.

Conservatee was placed in a substandard, $9000 per month facility, that is currently being investigated by the State of California.

Called a meeting to obtain the family's feedback regarding a permanent feeding tube and went completely against conservatee's son's wishes the very next day, and I have the audio recording to prove it!

SETTLEMENT CONFERENCE SCHEDULED FOR TUESDAY, MAY 31, 2011 AT 1:30PM.

DON'T FORGET THAT RULE 5 APPLIES!

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"WE THE PEOPLE"

wikiprobate explores the U.S. Constitution...

As an American I am personally grateful for my constitutional rights.  For instance:

Freedom of speech
The right to due process
The right to a jury trial

Just to name a few.

wikiprobate is shocked to learn that there are individuals commonly known as attorneys even in San Francisco who attempt to deprive citizens of their constitutional rights.

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According to Dr. Jonathan Mueller, the specialist that Emilie Calhoun insisted upon, Noni did not know that she was living with grandson, Tom.  She thought she was living with someone with two little dogs which would be Mrs. DeMartini's granddaughter, Lori!

Grandson's felon girlfriend charged the Trust over $65,000 to "care" for Noni and Grandson, Tom charged Noni room and board.

Felon girlfriend was accused of killing former husband's Aunt Laura who was left in the felon's care.  Felon then inherited over $1 million dollars from Aunt Laura and the rest of the family was written out of the will.

Most recently the felon girlfriend "cared" for a man named Joseph Herve Bourassa who died while in the care of the felon's felon father, Joseph Kwartz.

How self serving is the following obituary?

"July 11, 2010

 

Joseph Herve Bourassa. For 35 years a printer at the San Francisco Chronicle, died Wednesday June 30 in San Bruno, Ca. He was 79.  Mr. Bourassa, 'Harve' to his acquaintances, spent the last few months of his life at the home of Joseph Kwartz in San Bruno, where he was given love and devoted care. Joe's daughter, Krissy set the alarm clock for every half hour during the night, to see if Mr. Bourassa needed anything."

 

The felon is driving Mr. Bourassa's car.

 

WOW  SHE WOKE UP A DYING MAN EVERY HALF HOUR TO SEE IF HE NEEDED ANYTHING!

 

 

 

 

SETTLEMENT CONFERENCE IS SCHEDULED FOR TUESDAY, MAY 31, 2011 AT 1:30 PM.

 

REMEMBER RULE 5!

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wikiprobate learns that court appointed attorney of the conservatee (with no court appointed paperwork) stated the following at the "PRETEND" mediation on October 19, 2009....

The documents that were signed in April of 2009 were "A JOKE."

Too bad tape recordings are not admissable!!!

THEY ALL BREACHED THEIR FIDUCIARY DUTY!!!!

SETTLEMENT CONFERENCE TUESDAY, MAY 31, 2011 AT 1:30 PM

RULE 5 APPLIES

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Previously on wikiprobate, according to the Professional Fiduciaries Bureau, California Code of Regulations, Article 4 Code of Ethics, Section 4476:

"(a) The Licensee shall avoid actual conflicts of interest, and consistent with the licensee's fiduciary duties, shall not engage in any activity where there is the reasonable appearance of a conflict of interest."

wikiprobate wonders why Fiduciary Adler would send Trust Beneficiary's Felon Girlfriend in excess of 43 emails over a one month period and state that Fiduciary wanted to keep Felon "out of the line of fire"?

WOO HOO!
Settlement Conference scheduled for May 31, 2011 at 1:30 p.m. 

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wikiprobate learns that original trust attorney whose office is located on Lombard Street in San Francisco (see map below)...

...knew of Trustor's incapacity when he drafted April 2009 changes to the Trust, and in fact, had made Trustor's granddaughter the SOLE TRUSTEE in September of 2008.

SHAME, SHAME, SHAME CKL!

WOO HOO!
SETTLEMENT CONFERENCE IS ON!

Tuesday, May 31, 2011 at 1:30 p.m.

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With the Settlement Conference scheduled for one week from today, wikiprobate uncovers the forgeries that were done in the DeMartini Trust case.

Two, yes two, forensic handwriting specialists were hired to analyze three Trust documents dated April 24, 2009 and the Declaration that was supposedly signed by Catherine DeMartini in June of 2009.

All four documents are forgeries.  Both forensic specialists independently concurred that the documents were forged!  Did wikiprobate forget to mention that one of the forensic specialists is the manager of the SFPD forensic handwriting department?  OOPS!  Her name is Marti Blakely.  Check it out, Siracusa!

P.S.  Trust beneficiary's girlfriend was convicted of FELONY FORGERY in San Mateo County.  Apparently stole $100,000 from her ex-husband.  All a matter of public record.  Check it out, McCaffrey!  wikiprobate also learns that convicted girlfriend forgerer is also using a dead man's social security number!!  CHECK IT OUT!

LYING AND FORGERIES AND BREACH, OH MY!

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wikiprobate unravels the case of the lying beneficiary....

Did you know that divorce proceedings are a matter of public record?

wikiprobate has viewed the divorce paperwork for a DeMartini Trust beneficiary who claims to have used Trust funds for tuitiion at Arizona State University.  LIAR, LIAR, PANTS ON FIRE!  According to divorce documents, Trust beneficiary's ex-wife paid for a majority of the tuition and trust beneficiary lied regarding the need for trust money to pay for his son's tuition.  SHAME, SHAME, SHAME! 

wikiprobate also discovers that some of the "tuition" money was used for a new roof on lying Trust beneficary's mobile home in Clear Lake.  Oh, what a tangled web they weave!!

Settlement conference scheduled for May 31, 2011!

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Keeping the Court Informed of Address Changes....

"If the conservatee’s residence address or telephone number changes after your

appointment, you must promptly notify the court of the change by completing

and delivering to the court, in person or by mail, a form notice of the change."

This quote is taken directly from the Handbook for Conservators which is published by the California Superior Court.   It is my understanding that the Court requires such notification within 30 days of a residence change.

Both the Conservator of the Person and Conservator of the Estate are required to keep the Court advised of address changes.

Both of Catherine DeMartini's conservators failed to notify the Court within 30 days of her move to Laurel Heights.

Truth be told, the Court was not notified for FOUR months!

30 DAYS NOT FOUR MONTHS!

SHAME,
SHAME,
SHAME HERBERT AND ELIZABETH!



Stay tuned to see what other shameful mistakes wikiprobate uncovers!