Breach of Fiduciary Duty

A Trustee who is not acting impartially or using reasonable judgement, or who is willfully ignoring the law, such as self-dealing (stealing, modifying terms, wasting money or otherwise acting inappropriately) may be sued for breach of fiduciary duty.

Let me just offer one example of Elizabeth Adler's breach of her fiduciary duties.  Prior to my Grandmother's death, Adler should have been looking after my Grandmother's best interests.  Documented, factual information proves otherwise.

After my Grandmother's death, her sole responsibility as trustee is to the beneficiaries of the trust.  Yet, she continues to file motions and petitions after Catherine DeMartini's death.  How is this benefiting the beneficiaries?  The only benefit is to Adler and her attorneys, Siracusa and McCaffrey!

Think about it!

Her actions are resulting only in additional legal fees.  Instead of just doing her job as a PROFESSIONAL TRUSTEE, she continues to run up the tab for no reason.  She and her attorneys are trying to bleed the trust dry!

Unfortunately, there are Elizabeth Adler's all over the United States who are guilty of breaching their fiduciary duties.

Betsy the Trustee Cash Cow

7500 pageviews

07/08/11
10:00 am

Thank you!

San Francisco Article

 

http://cherylkicksass.blogspot.com/2011/07/epidemic-evil-elderly-kidnapped.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CherylMerilsCandidViewsBlog+%28Cheryl+Meril%27s+Candid+Views+Blog%29



Betsy the Probate Cash Cow

Ode to Lizzy Adler...

Lizzy Adler took an axe,
Gave her client forty whacks.

When she saw what she had done,
Gave the family forty one!

Stole their homes and money, too,
Poor conservatee didn't have a clue.

She's driven by greed that’s a fact,
The devil and Lizzy made a pact?
  
This fiduciary’s reign must come to an end,
Because Lizzy Adler's no one’s friend."



Betsy the Probate Cash Cow



Trustee Duties

A Trustee has the Duty to Enforce or Defend Claims.  A professional Trustee has a higher standard of care....being professional and all!

The trustee has a general duty to take reasonable steps to enforce claims of the trust.  The trustee does not have to enforce every claim.  The standard is whether a prudent trustee would take steps to enforce a claim in such circumstances. 

 The trustee must consider...

1.  The costs of enforcing the claim.
2.  The chance of success.
3.  The likelihood of collecting a judgment.

Now, let's take a look at Elizabeth Adler's decision to file a claim against me.  Elizabeth Adler is the court appointed Trustee of my Grandmother's Trust.

Facts...The claim brought against me by Ms. Adler in December of 2009 had been settled during court ordered mediation on October 19, 2009; and Ms. Adler and her attorney, Mr. Siracusa, were both attendees and parties to that settlement agreement.

Ms. Adler's December 2009 claim against me (the same claim that was settled in mediation) has generated $400,000 in legal fees for her and her attorneys since December of 2009.

So...

1.  Did Ms. Adler consider the costs of enforcing the claim?  I think it is safe to say that, yes, she did consider the costs of enforcing the claim and saw it as a cash cow for her and her attorneys.  $400,000 so far in legal fees to enforce the claim!  Priceless!

2.  Did Ms. Adler consider the chance of success?  My guess is NO, NO and NO.   As I told Ms. Adler during our first meeting in July of 2009, I used my own money to do the renovations on my Grandmother's house.  Any amounts paid to me from the Trust were reimbursements for my expenditures.

3.  Did Ms. Alder consider the likelihood of collecting a judgment?  Again, my guess is NO.  Ms. Adler's motive was to collect fees for her and her attorneys.  Collecting a judgment never entered her mind.  Besides, as she knows, the money paid to me was for reimbursements for the money I spent renovating my Grandmother's house.  There will be no judgment, and I am looking forward to the trial to prove my innocence.

In summary, Ms. Adler, Trustee, failed miserably in her Duty to Enforce or Defend Claims as Trustee of the Catherine R. DeMartini Trust and should be removed as Trustee by the Court.

Elizabeth Adler's actions are based out of PURE GREED.  She did not care about my Grandmother's well being (which will be addressed in another blog) nor that of the Trust beneficiaries.  Her sole motivation was to line her pockets as well as those of her attorney!  She and her attorney are expecting to collect $400,000 of Paul, Lori and Tom DeMartini's inheritance!  Amazing!

Liz blatantly breached her duties as a trustee.  It is heartbreaking to know that she does this to families day after day and then arrogantly excuses her behavior as "just doing my job."  Wonder if Liz has ever considered what her KARMA is going to be....

Betsy the Probate Cash Cow

Documents Filed with the Court

When a document is filed with the court, a stamp is applied on the right hand corner of the page.  It looks something like this...

How does a document get into a file without the stamp?  Well, according to the Superior Court clerks in San Francisco.  It doesn't....

For Larry Siracusa...

Trustee's Duties...

California Probate Code:

16003.  If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them and shall act impartially in investing and managing the trust property, taking into account any differing interests of the beneficiaries.

If a trustee does not deal impartially with beneficaries, would they be breaching their duty as a trustee?

Knowledge is Power

Received an email from Tom DeMartini this morning.  According to Tom, I am an embarrassment, and he does not like receiving emails regarding the blog.  Tom claims no one believes what is posted on the blog and he does not read it.

There are currently 7292 blog views.  From the comments I have received, people definitely believe what is posted.  My guess is that they believe it because it’s the truth.

Poor Tom!  He just doesn’t get it.  Dumber than a box of rocks as they say.

Here’s my advice to you Tom…

I would read the blog if I were you.  You see, knowledge is power and by reading the blog you will know what your future holds.

You are the embarrassment, Tom.  You are going to lose and end up with NOTHING except a bill from Emilie Calhoun.  You know Emilie, the attorney that filed the fraudulent petition that gave the probate pirates an opportunity to pillage the Trust.

YO HO, YO HO, A PIRATE'S LIFE FOR ME...

Announcing Betsy's Post

The Rights of My Grandmother the Conservatee!

The Role of the Court Appointed Attorney

I found the following information at CANHR's (California Advocates for Nursing Home Reform) website.  The data is taken from a report called Conservatorship Reform in California.  See below for link.

In California, the protection of a conservatee's rights depends heavily on the performance of the court appointed attorney.  The probate court appoints an attorney if it determines the appointment would be helpful to the resolution of the case or if it is necessary for the protection of the conservatee's interests.

The Rules of Professional Conduct published by the State Bar of California outline the legal counsel's role during the conservatorship process.  Most importantly, the court appointed attorney must abstain from advancing any interest adverse to his or her client.  In general, the attorney must work to ensure that the court only grants a conservatorship when it is the least restrictive means for caring for the conservatee and when the burden of proof has been met.  In this respect, California probate code establishes that the standard of proof for the appointment of a conservator pursuant to this section shall be clear and convincing evidence. 

Probate proceedings must ensure due process rights.  Procedural protections are essential to conservatorships as conservatorship is one of the most severe restrictions allowed on one's liberty or property.  The U.S Constitution in its Fifth and Fourteenth Amendments establishes due process rights.  The California state constitution does so in Article 1, Section 7 (a):  "No person shall be deprived of life, liberty or property, without due process of law."

After reading this report, it became clear that my Grandmother's rights were SERIOUSLY violated because her court appointed attorney failed to protect her.

List of Violations...

1.  Catherine DeMartini did not attend any of the scheduled hearings regarding her conservatorship.  If she was not able to attend due to an illness, California Probate Code 2253 (e) states:

"If the conservatee is unable to attend the hearing because of a medical inability, that inability shall be established (1) by the affidavit or certificate of a licensed medical practitioner."

No such affidavit or certificate was filed and Catherine DeMartini was denied access to the proceedings.  Her court appointed attorney should have protected her interests.

2.  California Probate Code requires that a hearing be held to determine whether or not a potential conservatee is incapacitated.  There was no hearing to determine Catherine's condition, and her court appointed attorney should have protected her interests.

3.  Catherine DeMartini was prescribed Haldol which is a psychotic drug that requires court authorization.  This authorization was never obtained, and Catherine DeMartini's court appointed attorney should have protected her interests.

4.  On September 3, 2009, Commissioner Sue Kaplan ruled that Catherine DeMartini could not be moved without a court order yet Herb Thomas moved Catherine DeMartini to Laurel Heights Convalescent Hospital.  Mr. Feder was aware of the court order but did not protect Catherine's rights.

In addition, Probate Code requires that the conservator(s) notify the court within 30 days of a move from the conservatee's residence.  Notification was not filed with the court for FOUR months.  Mr. Feder was aware of this requirement and did nothing to protect Catherine DeMartini's interests.

Finally, and most important of all, California Probate Code states the following:

"It shall be presumed that the personal residence of the conservatee is the least restrictive, appropriate residence of the conservatee.  In any hearing to determine if removal of the conservatee from his or her personal residence is appropriate, that presumption may be overcome by a preponderance of evidence."

There was no hearing to determine if Catherine should be removed from her home of 80 years.  Mr. Feder once again looked the other way and did nothing to protect Catherine's interests and legal rights.

5.  While at Laurel Heights, Catherine DeMartini was denied access to:

Her personal physician of 20 years, Dr. Adam Bellamy

Her religious beliefs were ignored and denied.

6.  During the conservatorship, Catherine was denied the following rights:

Right to receive mail

Right to visits with family members

Again, Bruce Feder did nothing to protect Catherine's legal rights and ignored what was in her best interest.

7.  Bruce Feder breached his fiduciary duty to Catherine DeMartini.  Knowing Catherine DeMartini suffered from severe dementia, and even after receiving the neurological report from Dr. Mueller, he ignored the fraudulent changes that were made to her Trust by Thomas DeMartini in April of 2009.  These changes contained 3 forged trust documents which have been substantiated by two forensic handwriting specialists.  Bruce Feder did not act appropriately by not advising the court of the situation and acting in Catherine’s best interest.  Catherine’s wishes were clearly communicated during the period she was competent.  Rather than looking after Catherine’s best interests, he was only concerned with the interests of Siracusa, Adler, Thomas, etc.

8.  Feder was aware of Lori DeMartini's request for documentation regarding the two caregivers assigned to Catherine DeMartini by Herb Thomas.  Mr. Feder did not pursue the definite possibility that the workers were undocumented, did not have insurance, were licensed, etc.  Lori DeMartini's concern was the result of a reported incident where one of the caregivers drove up onto the sidewalk with Catherine in the car and almost ran over two pedestrians.

9.  Bruce Feder allowed Kristine Wright a convicted felon with no high school diploma and a history of elder abuse care for Catherine DeMartini.  Kristine Wright was convicted of forgery.  Three of Catherine's Trust documents were forged on April 24, 2009 and her declaration supporting Thomas DeMartini's case against Lori DeMartini was also forged.

10.  Feder denied visits with Catherine for Paul and Lori DeMartini based on the hearsay of Herb Thomas and Elizabeth Adler.  Again, Feder denied Catherine her legal rights.

11.  Catherine DeMartini's worst fear was to die in a nursing home.  There is absolutely no medical reason she could not have been brought back to her own home.  Bruce Feder allowed Catherine to die in a disgusting nursing home that is being investigated by the State of California.

12.  Bruce Feder allowed the attorneys and conservators assigned to this case to violate Catherine DeMartini's legal rights over and over again.

Mr. Feder stated in court on April 13, 2011 that he recently visited Catherine on 3 separate occasions and that he held her hand.  I saw the visitor log, Mr. Bruce Feder!

http://www.canhr.org/reports/2009/09ConservReformReport.pdf



Happy Independence Day!

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

Sunday, July 3, 2011

2:44pm

6900 pageviews

Thank you!

Happy 74th Birthday Dad!

Dad

by Judy Burnette

Dad...so many images come to mind

whenever I speak your name;

It seems without you in my life

things have never been the same.

What happened to those lazy days

when I was just a child;

When my life was consumed in you

in your love and in your smile.

What happened to all those times

when I always looked to you;

No matter what happened in my life

you could make my gray skies blue.

Dad, some days I hear your voice

and turn to see your face;

Yet in my turning...it seems

the sound has been erased.

Dad, who can I turn to for answers

when life does not make sense;

Who is there to hold me close

when the pieces just don't fit.

Oh, Dad, if I could turn back time

and once more hear your voice;

I'd tell you that out of all the dads

you would still be my choice.

Please always know I love you

and no one can take your place;

Years may come and go

but your memory will never be erased.

Today, Jesus, as You are listening

in your Home up above;

Would you go and find my Dad

and give him all my love?

Dear Diary...

They stole my Grandmother away from me.  They forced her to die in a nursing home.  They took away months, weeks and days I could have spent with her before she died.  They have disparaged my character and ruined our family.  I followed the advice of my attorney, Charles Lewis.  He told me..."Do what you think your Grandmother would want you to do."  I renovated my Grandmother's house at her direction because she wanted to leave it in perfect condition when she died so that my Uncle Paul would not have to worry about fixing anything.  Now, they are trying to take the house away from him.  They have told countless lies, violated probate code and broken the law.  My story is no different from the rest.  The same story is told day after day in court yet no one stops them.  My Grandparents would never have wanted these thieves to steal their Son's inheritance!  They never would have wanted them to steal their Grandchildren's inheritance!  They NEVER would have approved of what Thomas DeMartini has done! When will this end?

Conservator Abuse - Owen and Caridad

 

from...
The Sad Saga of Elder Abuse: 

Prevalence Far Greater Than Perception

by Albert Samaha

examiner.com

"Owen Walsh no longer dances at the Tonga Room. He no longer attends receptions at the Common Wealth Club. Much of his time is spent watching television or looking out the window of his Ocean Avenue home. His caretaker is his primary companion and his disease is slowly riddling away his cognizance and memory. On some days his caretaker takes him for a walk. He holds her arm, but only for support."

Owen J. Walsh died on May 18, 2011.  Caridad received a telephone call on May 19, 2011.  The caller told her Owen had died but would not give her any details.  Now she knows he did not die in San Francisco and that he may have died in Vallejo.  Imagine her sadness.  Her heart is broken, and these court appointed "professionals" show no decency or compassion.  Cari calls them monsters.  To be honest, I cannot think of a better description!

 

Continue reading on Examiner.com...

 The sad saga of elder abuse: prevalence far greater than perception - New York urban policy | Examiner.com http://www.examiner.com/urban-policy-in-new-york/the-sad-saga-of-elder-abuse-prevalence-far-greater-than-perception#ixzz1R3FT3Hg8