"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!
