THE MILLION DOLLAR BLOG! Conservator Abuse and the San Francisco Probate Court: 7/10/11

Saturday, July 16, 2011

Court Cases for Monday July 18th

PCN-00-280632

PCN-01-282660

PCN-03-284706

PES-06-288231

PTR-08-291609

PCN-09-282714

PCN-09-292917

PTR-09-293073

PTR-10-293317

PTR-10-293351

PTR-10-294012

PGN-10-294208

PCN-10-294062

PCN-11-294276

PCN-01-282494

PTR-05-287596

PTR-06-289348

CHA-CHING! CHA-CHING!

Siracusa & Company Cash It In!

Coming Soon...

Let's Talk About Elizabeth Adler - Part 2

On July 13, 2011, Elizabeth Adler and her attorney the one that knows how to litigate (the other one doesn't) filed an ex parte petition to disqualify my attorney.

My next post will explore yet another possible explanation for their latest round of unprofessional and most peculiar behavior.

What a Racquet!

Based soley on my first hand knowledge and experience, when a person is placed into a conservatorship with a "professional" conservator, the "professional" conservator and his or her attorney might just charge the conservatee for the following:*

Parking, messenger service, certified mail, stamps, copies, lunches with conservatee, special litigators when there own attorney does not know how to litigate, trustee's bond, payroll service, office supplies, wages and payroll taxes for a caregiver convicted of a felony with no caregiving experience...not even a high school diploma or liability insurance, time spent going to the post office, bridge tolls, $50 to post one check in Quickbooks every month, $12.50 to post a bank entry, dropping off accounting data, filling out a stock proxy statement...

These charges are in addition to the percentage of the estate that the conservator charged. The percentage of the estate was $12,000 more than the hourly rate would have been in this particular expample. Now why are they getting a percentage of the estate and still billing for $50 to post a check in Quickbooks, filling out a stock proxy. If you have ever completed a stock proxy it takes less than 2 minutes including licking the stamp. He/she charged $25, dropping off accounting data, time to the post office. You know for a million dollar estate the bond is over $1000 per month and the conservatee pays it?

These people have no overhead. They have no cost of doing business. If they have a few conservatees, do they charge each conservatee for the payroll services each month? I happen to know that the conservator used in this example does have slightly more than a few. Jeez, the conservatee even buys the conservator's office supplies.

Then you have the conservator's attorney's fees:

Postage, messenger, parking, cab, copies, etc.

I have worked at KRON-TV, Serena Software, Verifone, Ericsson...I have never heard of a company that charged their customers/clients for copies, postage, the cab ride to meet with them, taking them out to lunch....

But you see, this is how they play the game! What a racquet!

*Based on a true story

Another One for the Books

In October of 2006, another San Francisco senior citizen became the victim of a conservatorship thanks to Mr. Larry Siracusa. At the beginning of the conservatorship, the court documents show that her estate was worth $841,408.47. As of August of 2010, her estate was worth nothing according to the court records. Nothing! We are talking $841,408.47 GONE in less than 4 years!

How did this happen?

Well, her house was sold to a private party for $440,000. Then there were tens of thousands of dollars in attorney and conservator's fees. My conservative guess would be in the $125,000 range. There was the ex parte petition to set aside funds in an attorney trust account and another petition that granted periodic fees paid to the professional conservator. The attorney trust account and periodic fees order by the court insures that Siracusa and his pals got what was left of the woman's estate. Oh that's right, a reverse mortgage and a new will making the conservator the executor. How convenient, he will now get paid the stautory fee as executor. I'm sure they put enough money away in that attorney trust account to cover the executor's fee. Almost forgot to mention what it cost to draft that new will. I believe it was darn near $10,000.

The saddest part of this story is that the woman is now living, if you can call it living, in a medicare funded nursing home. They didn't even have the decency to allow her stay in San Franciso where she had lived for so many years. Instead, she was moved to Alameda which is much more convenient for the conservator.
I used to take great pride in the fact that I am a San Francisco native. Now, I am ashamed to be associated with a City that allows these despicable, disgusting acts to continue.

So, Let's Talk About Liz Adler - Part 2

Friday, July 15, 2011

Beware of the Fiduciary

who claims...

"We can grow with your needs.
We are experienced in the full range of fiduciary services."

Experience in the full range of fiduciary services includes:
Trust and Estate Administration

Conservatorship

Guardianship

Medi-Cal and Social Security Advocacy

Daily Money Management

Care Management

Home Care

Think about it...

In this example, the fiduciary is responsible for the conservatee, has total control of the money and can pay themselves whatever they decide to bill for their services even if they don't provide the services.

Thursday, July 14, 2011

Right to a Trial

For over two years now, I have defended myself against unsubstantiated claims, lies and disparaging remarks. Twenty-one months ago, this case was settled in mediation, but a party to the mediation brought the same case against me seven weeks later. This group of attorneys act as though they are the judge, jury and executioner. Last June, 13 months ago, I asked for a trial to prove my innocence. A trial to prove my innocence appears to be the furthest thing from their minds. There is still money they can steal.

Court Room Excuses

Wednesday, July 13, 2011

So Let's Talk About Liz Adler...Part 1 - Revised

In my previous post, I provided a definition of an ex parte hearing, attached the Court Registry for July 13, 2011 and wondered why Liz Adler would want to secretly and urgently disqualify my attorney . After giving it some thought, I came up with this explanation. We'll call it explanation one.

Larry Siracusa and Brian McCaffrey know that Herman Franck is an appellate attorney. A litigator if you will...a very good one! In fact, attorneys that argue in front of the appellate court are damn good attorneys/litigators. McCaffrey, Siracusa and Adler know that they are going to lose..way too many lies, secrets and ex parte hearings. Therefore, they are trying to disqualify my attorney as well as discredit him. Bottom line...they are afraid of Herman because Herman is way out of their league. In fact, Larry Siracusa is not even a llitigator.

Court Jester

About a year ago, Liz Adler and her attorney, Larry Siracusa, petitioned the Court to obtain approval to hire a litigation attorney for Liz because Larry did not know how to litigate. Wait a minute! Isn't an attorney a litigator by defintion?

Let's google that ...
According to Merriam Webster, litigate is defined as "carrying on a legal contest through a judical process." It seems to me that one could not be an attorney if one did not know how to litigate. Don't attorneys carry on a legal contest through a judicial process every day? By his own admission, Larry does not know how to litigate. So by definition he cannot carry on a legal contest through a judicial process and that is why Mr. McCaffrey was hired to represent Ms. Adler.

Perhaps, Ms. Adler, Mr. Siracusa and Mr. McCaffrey should rethink the petition that was filed on July 13, 2011. Wouldn't it be better to disqualify Ms. Adler for breach of fiduciary duty and perjury? Brian McCaffrey could then have Larry Siracusa disqualified for not doing his job.

Why? Because attorneys are litigators!

Definition of an Ex Parte Hearing...

"a hearing where one party is not present and has not been given notice of the application before the court; usually reserved for urgent cases."

The following was filed in SF's Probate Court today by Liz

Superior Court of California, County of San Francisco
Case Number: PTR-09-292513
Title: IN RE CATHERINE R DEMARTINI REVOCABLE TRUST DATED 8/17/92, AS AMENDED
Cause of Action: EX PARTE TRUST PETITION (order confirming his status as co-trustee with settlor of the trust and agent under durable power of)
Generated: Jul-13-2011 8:50 pm PST

Register of Actions

Date	Proceedings	Document	Fee
JUL-13-2011	EX PARTE PETITION TO ADVANCE MOTION TO DISQUALIFY COUNSEL REQUESTED BY PETITIONER ADLER, ELIZABETH A HEARING SET FOR JUL-20-2011 AT 10:30 AM IN DEPT 202
JUL-13-2011	PROBATE EX PARTE APPLICATION FOR ORDER TO ADVANCE MOTION TO DISQUALIFY COUNSEL FILED BY TRUSTEE ADLER, ELIZABETH A		40.00

Now, why would Liz file a hearing where one party is not present and has not been given notice of the application before the court; usually reserved for urgent cases?

Why does Liz want my attorney urgently, secretly disqualified? Liz has two attorneys, and I think it is a huge red flag that she doesn't even want me to have one.

This one really takes the cake!

Fish...

fishing expedition...bigger fish to fry...something's fishy...cold fish...different kettle of fish...wet fish...school of fish...fish out of water...fish or cut bait...big fish in a small pond...drink like a fish...odd fish...there's always more fish in the sea...crooked as a barrel of fish hooks...fish story...fish for a compliment...go fish!

Comments and Feedback

Thanks to all you who read this blog.

If you have experienced a situation similar to mine involving the San Francisco Probate Court, please contact me. As they say, there is strength in numbers!

In addition, your feedback is very important to me. Please leave a comment on the blog or feel free to email me any time.

katiegoeshome@gmail.com

Tuesday, July 12, 2011

Court Calendar for Wednesday

Siracusa and Friends
July 13, 2011

29 Court Cases

PTR-05-287786

PES-08-290868

PCN-08-290940

PTR-08-291160

PTR-09-293073

PCN-10-293164

PCN-10-293276

PCN-10-294127

PES-11-294178

PCN-06-289427

PES-04-285938

PTR-09-292547

PTR-11-294650

PCN-07-289853

PES-08-290869

PES-09-292312

PCN-09-293072

PC N-10-293114

PCN-10-293273

PES-10-294109

PCN-11-294175

PES-11-294700

PCN-07-289853

PGN-07-290750

PES-11-294465

PCN-04-286351

PTR-10-293796

PES-11-294721

PTR-05-287786

Coincidence? No Such Thing!

Albert Einstein said...

"Coincidence is God's way of remaining anonymous."

When this nightmare began two years ago, I would think "oh, what a coincidence" every time I stumbled upon a San Francisco Superior Court probate case with circumstances nearly identical to mine.

Not long ago, I started to really think about Einstein's theory... that there is no such thing as a coincidence. Since I have always believed that God is behind what happens in my life, it was not that far of a reach. There is a reason I keep "stumbling" upon these cases. Einstein was a pretty smart guy!

That being said, I stumbled upon another case...same story, different family, same group of attorneys and conservators that control close to 40% of San Francisco's probate business.
Here are the most startling similarities:

1. Both cases were filed by the same "fiduciary" attorney who obviously missed the ethics course in law school. Rule 3-110 in the California Rules of Professional Conduct (for attorneys) addresses an attorney's failure to act competently. In my family's case, the fiduciary attorney filed a claim against me that contained forged documents, declarations that had been falsified, misrepresentations and lies. She then dismissed the case against me and now wants me to pay her legal fees. I don't think so!

2. The case was dismissed 3 months after she filed her fraudulent claim. However, for the past 21 months, she has wasted the Court's time by trying to collect her $80,000 claim for legal fees for representing my former sibling who has perjured himself numerous times with her apparent approval.

3. In both cases, the trustors are dead. Yet the attorneys and other court appointed "professionals" continue to file motions and petitions in an obvious attempt to drain all the assets from what is left in the Trust. In my family's case, I can guarantee you that this is not what my Grandparents intended.

4. There's more similarities...liens against the property, useless and unnecessary court appointed conservators and representatives that come with their own attorneys, total disregard for California Law, Probate Code and Rules of the Court, filing of petitions and motions that are full of the court appointed "professionals" lies (can you say perjury?), untimely or non-existent filings of mandatory forms, outrageous fees, delays and total disregard for family values. The most appalling aspect is that they have the nerve to say that "I am just doing my job."

5. Filing court documents that are a matter of public record that contain lie after lie after lie. So many lies that the next document completely contradicts what they stated previously. They arrogantly ruin the reputations of the innocent parties before moving onto their next victims.

6. In both cases, these attorneys and professionals are spending the inheritance of the beneficiaries and seriously breaching their fiduciary duties. In our case, my Grandmother had been diagnosed with severe Alzheimers' dementia. They violated her rights over and over again. They have violated my rights. They have violated my Uncle's rights. They destroyed our family and now they want $400,000 in legal fees and the case still has not settled. It has been two years, and I have not had a trial. My case was dismissed in mediation 21 months ago, but the Judge allows this nightmare to continue.

They have done the same thing to the family in the case I stumbled upon earlier tonight....PTR-10-293378. They repeat their performance over and over again and line their pockets with millions and millions of dollars. The sad thing is that no one, including the judge, is doing anything to stop them!