Tuesday, November 11, 2008

Probate-Sanctioned Kidnapping

Marilyn Plank, a mentally and physically fragile woman and lifelong resident of Michigan, was stealthily moved to Greenwich by two of her daughters via private jet in May 2007. She was not a resident of the state of Connecticut. She does not want to be here.

But with the assistance of some slick lawyering, daughter Linda Higgins took control of her mother's assets. Along with another sister, she brought her mother to Greenwich, unbeknownst to three other sisters living elsewhere. One of seven children fighting over control of the family's 1,600-acre ranch in Michigan, Higgins moved the elderly Plank to an assisted living facility in Greenwich. Just days before, she signed a lease in Plank's name.

Within days of her arrival in May 2007, Greenwich Probate Judge David Hopper appointed Linda Higgins as temporary "conservator of the person" for her mother, based on the fact that there was a lease with Plank's name on it. That means Plank lost her civil rights.

Superior Court Judge Joseph T. Gormley Jr. stated in 2006 in the infamous case of Daniel Gross: "The statute is absolutely clear, You can't appoint a conservator of someone's person unless that person is domiciled in the state of Connecticut or resides in the state of Connecticut."

Judge Hopper has had numerous chances to correct the mistake of May 2007. For the last eight months, even the plea of a permanent conservator appointed in July 2007 has gone unanswered. Meanwhile, Plank's expensive care in Connecticut — about $9,000 per month at the Greenwich facility — and the fees of numerous lawyers working at $300 and $400 an hour have steadily depleted her estate.

Richard J. Margenot, conservator: "every day spent in Connecticut puts Mrs. Plank deeper into financial chaos."

Rick Green's column appears on Tuesdays and Fridays. He can be reached at rgreen@courant.com Rick Green's blog is at http://blogs.courant.com/rick_green/

Full Article and Source:
Another Connecticut Probate Victim

See also:
Connecticut Probate Injustice

More Connecticut Probate Abuse

Shameful Connecticut Probate

Fishy Smell in Connecticut

Making Out Like Bandits


Anonymous said...

"fees of numerous lawyers working at $300 and $400 an hour have steadily depleted her estate."

Well, hell, isn't that what it's all about - make work for starving lawyers?

Seriously, the judge should be removed if he won't follow the law!

Anonymous said...

Connecticut judges are the worst, do not follow the law, and most belong in jail.

Anonymous said...

Another Loop of probate CROOKS!

Anonymous said...

Thank you Rick Green and your newspaper for continuing to publish the horrors of the out of control probate racket.

Probate is the new GOLD RUSH.

Lawyers depend on conflict, tragedies and laws worded for a lifetime of work, for their benefit and profit.

Judges come from the shark pool of lawyers.

We, however, the little people, find ourselves in their world, controlled by "them", as sources of money and the cycle continues.

This is a national disgrace.

Rick Green is a unique, brave reporter who is on the case; he will not give up exposing the players and their dirty, illegal secrets, that is why Connecticut is making headline news.

Anonymous said...

Mr. Rick Green should be honored for his investigative reporting on Connecticut conservatorships.
Thanks also to NASGA for keeping people informed of the evils of guardianship.

Unknown said...

I fought twelve years against the Attorney Greyson and H. Scott and Linda Plank Higgins in a construction case where they wrote thecontract and then claimed it lacked a 3 day cancellation clause ...so was no good...the Ct. Courts let them get away with it See. ..MacMillan v. Higgins...you can imagine what the impact was on my life,of course they sold the property for a tidy profit afterwards...They are crooks...