From FB: Mother sues Foster Care for wrongful death of toddler

This child was put in foster care, ignored and ended up dead.

The mother wanted the child to be placed with the grandmother, that never happened.

Sad story.

from FB: Texas judge accepted bribes in beer boxes

Texas Judge Who Accepted Bribe Money In Beer Boxes Headed To Prison

Emergency Eviction, North Side of Chicago Help Needed for moving elderly/disabled

If you are able to help with an emergency eviction, North side of Chicago, please call me immediately.  Funds are needed to rent U Haul trailer.  Son will get off work at 7 pm and then we can move belongings to a safe place.

If you can lift a box, we need your help.  call me 773 255 7608.

We should all help one another out.

The man invovled (a court corruption victim, fake foreclosure) is very nice.

Joanne

from FB: Changes from 2016 to the Illinois Probate Act

It would be nice if the Act required all GALs to be recorded when they have contact with the disabled person, but maybe next time.

https://emarquettebank.com/financial-management/trust-investment-management/todays-estate-analyst/what-are-the-2016-changes-to-the-illinois-probate/

 

A number of new laws took effect in Illinois at the beginning of 2016. Among them were a few that involved the Illinois Probate Act of 1975 (755 ILCS 5/) and other laws that affect estate planning, trusts and disabled individuals. Some of these modifications brought dramatic changes to these areas of law that are essential for practitioners to understand. Here are the citations and short summaries about the 2016 changes:

What Illinois Laws Affecting Estate Planning Were Updated for 2016?

    • Probate Disabled Persons Wills [755 ILCS 5/4-1] – This legislation amends the definition of the capacity of a testator who has been adjudicated as disabled. Under this amendment, there is now a rebuttable presumption that voids a codicil or will if its testator was found to be disabled at the time it was created or amended. However, the rebuttable presumption would not be valid if the court authorized the creation of the codicil or will. In addition, if the rebuttable presumption does apply, it takes clear and convincing evidence that the testator had the capacity to create or amend the will or codicil to overcome it.

 

    • Probate Temp Adult Guardians [755 ILCS 5/11a-4] – This amends the Illinois Probate Act to expand the powers of temporary guardians of disabled adults, providing them with a limited version of the duties and powers of a permanent guardian.

 

    • Probate Rights of Posthumous Children [755 ILCS 5/2-3] – This new law involves a change to the Illinois Probate Act due to a complete rewrite of a portion of the Illinois Parentage Act of 2015. This amendment clarifies when posthumous children (children who are born or conceived after the death of one parent) are considered to legally be children of a decedent as it pertains to inheritance. Under this new law, in Illinois, posthumous children are only considered children of a decedent if the child was in utero at the time the decedent passed away. As such, a child that is born via implantation after a decedent’s death through the use of frozen sperm or frozen embryos would not be considered the decedent’s child as it pertains to inheritance purposes.

 

    • Illinois ABLE Accounts for Disabled Individuals [15 ILCS 505/16.6] – This will allow disabled individuals in Illinois to create Achieving a Better Life Experience (ABLE) accounts, which are savings accounts that enable the disabled to save up to $100,000 in a tax-free fund. The fund can be used to pay for certain disability expenses without risk of disqualifying disabled individuals from receiving SSI, SSDI and Medicaid.

 

    • Probate Citations Recover [755 ILCS 5/16-1] – This new law increases the court’s ability to issue citations for the appearance of those who have or may have had assets in their possession that belong to the estate of a ward or who may otherwise be liable to the ward’s estate pursuant to a civil action.

 

  • Certification of Trust Form [760 ILCS 5/8.5] – This paves the way for the creation of a Certification of Trust Form that can be given to third parties instead of a complete copy of the trust instrument. Certification of Trust Forms are basically a couple of pages long and only include dispositive information as opposed to full copies of trust instruments. The full copies typically are over 25 pages and include both information a third party needs as well as information that might be better left private.
  • Foreclosure Special Representative [735 ILCS 5/15-1501(h)] – This amendment eliminated the requirement for a special representative to be appointed for a mortgagor who has passed away in certain situations involving foreclosure. Under this new law, as part of the procedure to foreclose on a mortgagor who has died, a special representative will not have to be appointed for the deceased mortgagor if: (1) the mortgage property title was conveyed to a trust before the mortgagor died, (2) a beneficiary is designated in a transfer on death instrument, (3) the title of the mortgage property has already gone through the probate estate transfer process or (4) the property’s title was conveyed to an entity or person(s) prior to death.

from FB: Article on how corruption is fostered by fake “judicial immunity”

https://citywatchla.com/index.php/2016-01-01-13-17-00/los-angeles/15903-how-corrupt-judges-are-destroying-our-society?fbclid=IwAR0_cBP4JVDhxmAiaArxdIMs0k7p3gjaskxzVcXYXwtj-FkZxhnOrC4r9HY

How Corrupt Judges are Destroying Our Society

CORRUPTION WATCH-China’s Liu Qiangdong, founder of China’s “Amazon,” variously known as Jongdong, JD.com or simply JD, provides insight as to why the American judicial system is making America non-functional.

Corruption destroys trust and without trust, society breaks down, as described by a piece in the July 22, 2018 issue of The New Yorker, “How E-Commerce Is Transforming Rural China,”by Jiayang Fan.

As Americans are learning, the judicial system is in shambles. California is especially bad, but it is not alone.  See also this article. Unlike police officers, judges are free to do whatever they desire, hiding behind judicial immunity. (Mireles V. Waco (1991) 502 U.S. 9)

To add insult to the indignity of being preyed upon by corrupt judges, Californians have to endure the Commission of Judicial Performance [CJP], which is the watchdog agency where the wolves monitor the wolves who are feasting inside the hen house. Needless to say, this situation is lethal to justice, but due to judicial immunity, “us chickens” have no voice. While the CJP is supposed to discipline miscreant judges, it protects them.

The Role of Trust in Society

Because of corruption in the Chinese consumer market, no one trusted his on-line store. Hence, Liu was going bankrupt. However, when someone vouched for his honesty, people began to trust him. After a while his reputation for trustworthiness grew and people flocked to his website. Now JD.com stands right behind Amazon and Alphabet, Inc, (Google’s parent) as the world’s third largest company. Liu knew that actions do speak louder than words and America’s approach of offering lying platitudes about the great American legal system deceives few people. We need to restore integrity to our courts as Liu did to his online stores.

While China recognizes the need to end corruption, Americans have been encouraging it. When people tried to stop the corruption at Enron, the judges protected the fraud until the entire sham collapsed. Likewise, the courts protected the Wall Street criminals during the 2000s while they were destroying the world economy. After the Crash of 2008, there were no prosecutions. Meanwhile, China hands out life prison terms for corruption.

As I pointed out previously in CityWatch, one reason Donald Trump-a-Doddle is so upset with the courts’ not doing his bidding is that for decades he knew he could waltz into a court and emerge wealthier while his workers and suppliers would be shoved into bankruptcy.

Judicial Corruption is not Limited to the Billionaires

As most Californians who have been forced to deal with the California courts have learned, the rule of law has been supplanted by the avarice of judges. Talk with someone who has been in Family Court.  The stories are unbelievable, but most likely correct. Children are abused and essentially held for ransom while parents have to undergo psychological counseling for “dual diagnoses.” Surprise, surprise, the psychologist is a friend of the judge. As Huff Post reported in 2017, judges make awards in favor of the unfit parent knowing that the fit parents will spend large sums of money to protect the children.

Some judges will have secret contact with attorneys who have ways to compensate the kindly judge.   If a case should fail to go the way a judge desires, the judge can overrule the jury. If a jury returns a $10 million verdict against a corporation and the judge reduces it to $100,000, don’t be surprised when the judge’s house refinancing is paid by that corporation.

Judicial Immunity is a Judicial Evil

Judicial immunity has proven to be a total failure. It would be as ludicrous to give police officers immunity to commit crimes as long as they did it while on duty. Yet, judges may engage in criminal behavior as long as they claim it was part of their judicial duties. If a cop smashes you over the head you can sue him for excessive force but if a judge orders him to beat you, you cannot sue the judge. (Mireles V. Waco.) Duh! Truth Justice and the American way?

A judge can award huge costs against a citizen, whom the corporate world dislikes, with complete knowledge that the person has done nothing wrong. A false judgment can take years to correct – if the victim can ever obtain justice. The matter of Sharon Noon Kramer is one example how the courts attack decent people.

About the only way a judge can lose his immunity is to act outside “jurisdiction.” If the judge breaks into your house and steals $15,000, he has no immunity. That’s because his immunity extends only as far as his “jurisdiction.” A judge who acts without jurisdiction, let’s say, he uses his official judge stamp to give Mr. Jones’ property to the judge’s buddy Mr. Scoundrel, the judge will arrange for Mr. Jones to be prosecuted if he complains about the theft. The corrupt judges stick together, and the other judges are cowards.

The Republic Cannot Survive Dishonest Judges

“Power tends to corrupt and absolute power corrupts absolutely” (Lord Acton 1887), but corruption destroys! The Founding Fathers gave the courts great power to balance the power in the legislative and executive branches of government. Judges’ power rests in the public’s trust in their integrity. As Liu pointed out, a society without trust ceases to function. A major reason that American society is teetering on the brink of an abyss is a horrendously corrupt judicial system which oppresses the poor while catering to the rich and powerful.

A First Step – End Judicial Immunity

The simplistic answer that judges cannot do their jobs if they have to worry about the consequences of their actions is no longer satisfactory. A judiciary without integrity destroys the trust by which our Republic functions.

 

(Richard Lee Abrams is a Los Angeles attorney and a CityWatch contributor. He can be reached at: Rickleeabrams@Gmail.com. Abrams’ views are his own and do not necessarily reflect the views of CityWatch.) Edited for CityWatch by Linda Abrams.

From FB: Mich. ATG voids contract where others made $250k from an elderly disabled woman

https://www.macombdaily.com/news/copscourts/nessel-macomb-county-probate-judge-s-guardianship-appointment-violated-law/article_540c67ea-d31b-11e9-899b-27900eb17fc1.html

 

NB:  This happens all the time in Cook County Probate.  There is no oversight as to the companies and 3rd party vendors the judges appoint, and no one cares that a family member would do the same job cheaper and better (Gloria Sykes and the Mary Sykes case)

Nessel: Macomb County Probate judge’s guardianship appointment violated law

Kathryn George
Macomb County Probate Court Judge Kathryn George

A Macomb County judge violated state law when she appointed a guardian-and-conservator company that reaped financial benefits from the appointment, according to Attorney General Dana Nessel.

State Public Administrator Michael Moody, on Nessel’s behalf, argues in a legal document Friday that Probate Judge Kathryn George created a law violation by appointing Clinton township-based Caring Hearts of Michigan Inc. as guardian and conservator for Robert Mitchell and Barbara Delbridge last November, over a daughter and stepdaughter of the couple.

Caring Hearts hired Executive Care to perform the care for the couple, according to the state. Both companies are owned by Cathy Kirk. In addition, Caring Hearts employed the firm of her husband Robert Kirk — Kirk, Huth, Lange and Badalamenti — for legal services. The trio of companies share the same address on Hall Road, east of Romeo Plank Road.

Caring Hearts charged more than $250,000 for about six months of care.

George through a spokeswoman declined to comment Monday, referring the matter to court officials.

The Attorney General in the filing Friday seeks to intervene in the Probate case, saying that all prior transactions are “voidable” due to the arrangement.

Dana Nessel
Michigan Attorney General Dana Nessel

The law in question says, the “Court shall not appoint as guard an agency, public or private, that financially benefits from directly providing housing, medical, mental health or social services to the legally incapacitated individual.”

Moody comments in the brief, “The intention behind this provision is to prevent conflicts of interest.”

“All of these financial transactions set forth in Caring Hearts’ Final Account are presume to be affected by a conflict between personal and fiduciary interests, and therefore voidable,” Moody adds.

Caring Hearts attorney Edward Nahat disputed Nessel’s claims Monday, saying state attorneys misapplied the law and should not have sought to enter the case.

“The Attorney General’s petition … misapplied the statute to these circumstances and is over-reaching by trying to intervene in a case she shouldn’t be involved in,” Nahat said.

He said the law quoted by state lawyers applies to investments and housing transactions, neither of which Caring Hearts and Executive Services were involved.

He said George knew of the arrangement.

Nahat called Nessel’s involvement “heavy handed,” noting that it has drawn publicity.

He said Caring Hearts supports a review of the accounting and charges in the case.

“A remedy is already available to the family,” he said. “They can get their own day in court. They don’t need the Attorney General’s help.”

Probate Court in September 2018 instituted a policy that requires a company or fudiciary must reveal whether a person related to the company or fudiciary is performing a service for the fudiciary or company, according to John Brennan, deputy court administrator.

Brennan said he does not believe the relationships were disclosed in the Mitchell and Delbridge cases.

Expenditures will be reviewed over the next several months. A hearing in the case is scheduled for Jan. 10.

Nessel issued a news release on the matter Monday.

“It is absolutely incumbent on the courts to ensure that the state’s guardianship system is providing properly for the vulnerable and that the court-appointed conservators fulfill their fiduciary responsibilities to those in their custody,” she said. “That does not appear to be happening in the case of Caring Hearts, which was appointed by Judge Kathryn George as guardian and conservator for Robert Lee Mitchell and Barbara Delbridge.”

Nessel added that the “Estates and Protected Individuals Code specifically prohibits certain financial self-dealing by the guardian with respect to the ward.”

Nessel announced in May that George was under investigation for her role in the case involving the couple following reports initiated by WXYZ-TV (Channel 7).

State Supreme Court Chief Justice Bridget McCormack and Macomb Chief Judge James Biernat Jr. at that time of the announcement released a joint statement in support of the probe.

Family members of the couple said George should have appointed them as guardians and conservators to watch over the care and finances of the couple, both 70 or older and in declining health.

Robert Mitchell and Barbara Delbridge
Robert Mitchell and Barbara Delbridge

Mitchell’s daughter, Marcie, and other family members complained their visits were limited and that caregivers installed a 6-foot fence around the property near Hall Road and Van Dyke Avenue that blocked the vision of family members who resided next door. The said the couple were virtual prisoners in their home.

They also raised questions about the guardian and conservator company’s spending from the couple’s more than $2.5 million in assets.

Caring Hearts and Executive Services in early June withdrew from serving as guardian and conservator. Attorney Terry Gilsenan was named temporary guardian, and attorney Martin Brosnan was name temporary conservator.

On June 26, Judge Biernat, who had taken over the case, granted Marcie Mitchell guardianship over her father, Robert, and Anita Little gained guardianship over her sister, Delbridge.

The pair on Friday also were named conservators, although each has to file a bond and paperwork in order to take over.

Attorney Frank Cusumano said Monday he plans to file a legal action on Little’s behalf “to unwind the transactions” involving Caring Hearts, Executive Services and the law firm.

“Anita Little wants to do her part to make sure that this activity does not occur and injure another family,” Cusumano said.

The older couple are currently residing in a facility in Genesee County, closer Marcie Mitchell’s Clarkston home.

The case developed as Nessel has been vowing to crack down on elder abuse. She formed Michigan Elder Abuse Task Force earlier this year shortly after she took office. This summer, she conducted a statewide “listening tour” to hear complaints about elder abuse and complaints about Probate Court, which oversees will and estates of incapacitated and deceased individuals.

Marcie Mitchell Gretchen Sommers
Marcie Mitchell, left, daughter of Robert Mitchell, and her cousin Gretchen Sommers talk about Marcie Mitchell’s appointment as her father’s guardian in June in the Macomb County courthouse in Mount Clemens.

MACOMB DAILY FILE PHOTO

Robert Kirk last month was removed as a state Public Administrator for appointment to certain Probate cases.

George has served as a Macomb Probate Judge since 2003. More than a decade ago, George came under the scrutiny of state officials and removed as chief probate judge for her relationship with a now-defunct guardianship company, conflict with the second probate judge and dysfunction at the court.