From EB: Probate court destroys the lives of both mother and daughter; theft is alleged against lawyers and judge

http://www.oaklandpost.org/2018/10/07/perils-probate-probate-court-destroys-lives-mother-daughter/?fbclid=IwAR37apCvyjeQmySNAPsORnMWgb2FD8DO9Q5fo4-xuys_FoI9ScOWFMJABhQ

Probate court detroys lives of Mother and Daughter

Gerarda White-Penny (left) and daughter London Penny.

Bonnie Lou White and Gerarda White-Penny had a perfect life.  Mother and daughter lived together, each doing their part to get by.  Things changed rapidly after Bonnie Lou White wrote her will and trust, and a cousin found out she wasn’t a beneficiary.

The cousin petitioned the probate court in 2017, and the probate quickly bypassed any claim the cousin thought she had. But that wasn’t the end of it. Probate court officials immediately took over anyway, took out a $900,000 reverse mortgage and installed new doors, windows and floors, all at White’s expense.

After the upgrades, the court was gracious enough to allowed White to live in her home a few months before the conservator moved White to a nursing home.

White has made it clear to the court that she wants to live at home. White has no mental incapacity, she wants to be at home with Gerarda and her grandbaby.

White has been in the nursing home since January, and in September the daughter received an eviction notice.

“I’ve got less than a month before I lose mom’s home.  Our home is worth over $1 million but they’ve listed it at $780,000.  The court is probably going to sell it to one of their friends,” Gerarda said. “They say they’re going to pay medical expenses, but my mom has long-term care insurance.  Why are they doing this to my family?  We were doing fine. The Court said our house needed upgrades so they put in new windows, doors and floors.  Who really needs these things, us, or the people they intend to sell it to?”

“My cousin filed the petition, which made us come to court and they conserved my mother. My cousin is not in my mom’s will and she is excluded in the trust.  All she got was to see my family destroyed.”

The purpose of the probate court is to conserve families, and do what’s in their best interest.

Unfortunately many court appointed officials don’t abide by the rules written in the Probate Handbook.  In the Handbook is written, “when at all possible keep the Conservatee in the home, that’s the best place for them to be.”

Current probate officials are quick to take over conservatorship because that’s how they make their money.  It’s a business, a profession. Gerarda’s story is a common one.

Gerarda is fighting back.  She has filed a petition to dismiss her mother’s conservatorship and taken the civil case to the Alameda County district attorney’s office.  “When people file a petition, especially one where their name ain’t on nothing, the court needs to consider the person’s motivation bringing the petition, or just abide by what the will and trust says. They bypass your trust like it doesn’t exist.  Courts allow these petitions because that’s the wedge they need to take over people and their estates,” she said.

SHOUT OUT JUSTICE and Cedar California recently joined with national probate fighting network “Probate Warriors.”  “We find that the only time we get the court to stop running over us is when we get media attention,” says, SOJ’s Venus Gist.  “Probate Warriors are families committed to fight what is becoming an epidemic of abuse by probate officials and judges nationwide.”

5 thoughts on “From EB: Probate court destroys the lives of both mother and daughter; theft is alleged against lawyers and judge

    • I know. All of these cases are so very sad. And the courts do this stuff every day as if they were baking a delicious cake, when all they’re doing is ruining everyone so lawyers can make a few bucks. It has to end.

  1. You did not fact check this story at all. The courts were called in to this case due to the misappropriation of funds by Gerada. She took advantage of her mother’s love and finances to support her family of four. Doing drugstore and performing drug deals in the home. Her mother was removed once when five cats were buried in the filth inside the home. Me White was removed the final time when after a month the repaired home was returned to pure squalor and she was found laying in urine with flies. The cousin portrayed here, is a part of the will. And for years cleaned up after the filth left by grown adults. The cousin spoken of was called in to take action due to fraudulent activity by Gerarda on her mother’s accounts. It was either step in as conservator or the banks would demand the courts take over. Even with that Gerarda forced the hand and a public guardian was out in place. Numerous calls to adult protective services for financial and verbal abuse from Gerarda to her mother. Seen by family, nurses and strangers. As a reporter fact check your stories. Gerarda bleed her mother dry and at the end the public guardian was left with no choice but to remove Ms White from the home and sell it to cover expenses. Yes she had long term health care. What she didn’t have was the finances to support Gerarda, her two strike husband and two now teenaged children. Bonnie White supported this family of five on her retirement for over 15 years. When was the last time Gerarda or her husband worked? It is an extremely sad situation for now the family home which Ms White wanted to leave to her daughter, granddaughters or niece (yes still in the will) was sold. EVERYTHING lost was due to Gerarda’s refusal to support her self or her family, drug addiction and manipulation of her mother’s love. Fact check your references. Wills are public record. Talk to the public guardian. Cuz what you wrote here is pure bullsh*t based on the perspective of a strung out narcissistic daughter who drained every last drop from her mother. Never would have lost the home if she or her husband just got a JOB and contributed financially. Bonnie White supported them and was allowed to continue to completely support this family of four for over 15 years before the home had to be sold. Again that only happened because of the extreme filth and degradation caused by Gerarda, You got played.

    • I did not write this story. I provided the link to the source and you will have to contact the original investigative reporter. Thanks for your comments, and thinking the story is mine, but it is not. If you get me the court file, I would be glad to go over it for you and write a more accurate article, but I need the entire court file, including transcripts. Let me know.

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