From: kenneth ditkowsky
Sent: Jul 31, 2013 9:17 AM
To: rudy bush , JoAnne Denison , Janet Phelan
Cc: NASGA , probate sharks , j ditkowsky , Harry Heckert , Cook County States Attorney , Eric Holder , matt senator kirk , “email@example.com” <firstname.lastname@example.org>, “email@example.com” , “firstname.lastname@example.org” , “email@example.com”
Subject: Re: Trustee’s Rights to own trust property
Dear R*** Just for the record:
The government of the sovereign States of the United States of America have adopted the English Common law and added to it. To facilitate investment they have allowed entities to be developed that would shelter the investment from creditors of the individual. Amongst these entities are: corporations, partnerships, trusts, etc. A trust is not an evil thing – it is device to accomplish a particular purpose. One of the purposes is to avoid probate expense and interruption.
If you have ten dollars and want to invest it in a widget making operation, but do not wish to risk you home which has a value of twenty dollars you can create a ‘business trust,’ a limited liability corporation, business corporation etc. This entity using your ten dollars as capital can purchase a manufacturing plant, hire workers and commence business as if it had an independent existence. If it makes a million dollars it pays the taxes on the million dollars at the corporate rate. Pursuant the Citizens United it can even contribute to the political campaign of ****.
If you have ten dollars and you wish that the ten dollars be used to care for you in your old age you can declare yourself or appoint a trustee to take your ten dollars, invest it and use the principal and interest to take care of you in your old age. If you do not wish the trust to be available to creditors etc all you have to do is provide the trust with spendthrift provisions. There is nothing sinister. Your trustee is a fiduciary and as long as he/she acts as a prudent investor and a prudent person he/she incurs no liability. However, if the trustee misdirects a penny it is a very serious problem that could result in serious liability or even jail. Within these parameters a trustee has great discretion and the beneficiary has little to say about it. The trustee corpus (i.e. the property of the trust) is owned by the trustee subject to the trust declaration or agreement.
The conservatorship is a horse of a different color. Its derivation is ‘parens patrie.’ This is the doctrine of English law intended to protect those people could not take care of themselves. This included children, the disabled, the elderly etc. The Chancellor (Church) would administer the State and private assets so that these disabled people could have useful and comfortable lives. To facilitate the protection of the disabled probate acts were enacted so that the administration could be more efficient. For instance in Illinois we have title 11a of the probate act. This is a comprehensive code that ‘covers the waterfront’ in detailing the protections to be afforded those person who are alleged to be disabled. 755 ILCS 11a – 3 set forth the credo of the act. To protect the disabled person from being railroaded into a guardian ship 11a – 8 requires certain disclosures and 11a – 10 sets out the method of obtaining jurisdiction. 11a – 17 and 11a – 18 provide for the administration.
Unfortunately, the one problem that no society has been able to solve is how to deal with the miscreant element who ‘game’ the system. In the Sykes case we have two guardian ad litem and a bunch of regulators who claim to operate under the system of ‘hear no evil’ ‘see not evil’ and ‘cover-up all evil’ Thus Mary Sykes has had her estate ravaged (over a million dollars has not been inventoried) and her liberty rights separated from her. She has been totally separated from her two siblings, her younger daughter, her friends, and her activities. So obscene is the situation that Adam Stern (GAL) has been heard to brag of the progress that Mary is making. Indeed, she is making progress toward the Alice Gore scenario – i.e. stripped of her liberty and property and having her filings removed and the gold therein *****. The GAO report to Congress indicates that this is not an uncommon situation, but is fast become the new norm. Elder cleansing is as much of a fact North Korea, the Gulags of Soviet Russia, and the National socialist movement.
Yes, R*** I realize that the Illinois Attorney Registration and Discipline Commission is attempting to separate me from my law license for exercising my First Amendment Rights and responding to your inquiries; however, this is still America and I am not going to be intimidated by bureaucrats who are offended by the Bill of Rights! I requested law enforcement to do an HONEST intelligent, complete and comprehensive investigation of these ‘elder cleansing cases’ and I expect that it will occur and justice will be served. It is sad that it will be too late for your mother, Ms Cooper’s mother, Mary Sykes and the thousands of seniors who are not subject to American Holocaust!
Dr. King pointed out that everything Hitler did was legal! I want to point out that what has happened in the Sykes case and similar cases is still contrary to experience of a large segment of the America public. The Sykes case is a post-board case of elder cleansing! The miscreants represent a minority. However, like any cancer left untreated this minority has created a terrorist attack on the ‘core values’ of the United States of America. Those who protect these miscreants and aid and abet them are equally culpable. (see Estate of Lieberman 391 Ill App 3d 882) Like the trustee, the GALs, the plenary guardians, and the public officials all a fiduciaries to the public and to the persons subjected to the act. They are held to a high standard of conduct which they do not seem to recognize; however, they will.