Last year my daughter almost died. Dealt a severe blow by a massive aneurysm, the doctors did not think she would make it. All we could do was pray and wait. In the midst of it all I was sued by people unrelated to us seeking to gain control of her life, and her trust.
My daughter happens to be Walt Disney's granddaughter.
What has transpired over the past year has been torture. I have not been able to speak to my daughter in private for nearly a year. Courts, bodyguards and self-serving individuals have sought at all costs to use the probate system to their advantage.
Just think about our case for a moment. Not all blood relatives are necessarily good people, of course. But throughout my life I have tried every day to be a good father to my children.
However, our probate system - that used to supposedly protect the vulnerable and their assets during the most trying of times - actually allowed in our case people completely unrelated to us and relatives with no close family ties to create chaos in our family.
That's just not right.
We are going to use what we have learned to put forth a very aggressive set of legislative reforms.
Some of the issues are:
1. The court should not allow a case to go forward without evidence. Hearsay is not evidence.
2. If a malicious petition is filed, the petitioners should have to pay all attorney fees. The attorneys should also be sanctioned.
3. When individuals have their directives, the court must uphold them.
Full Article and Source:
Arizona's Probate System in Desperate Need of Reform
14 comments:
So very well said, thank you.
Laurie Roberts is paving the way to reform every time she writes another article!
Yes the system is in need of reform and we all have to work together to achieve it. Please join NASGA, Mr. Lund, if you haven't already.
I just know the attorneys in this case are stretching it as far as they can so they can bill, bill, bill.
I am glad to see this editorial telling it like it is.
Reform is what NASGA's all about!
You're right that not all blood relatives are necessarily good, but that doesn't justify abuse by the system either.
i am so sorry to hear how a tragic incident leads to more tragedy and pain for the family reform is right and on someone needs to audit and review all of the case files to get statistics on how many other cases have the same pattern the probate system has tunred into a billion dollar racket to feed the greed of team probate nothing to do with the best interest of the ward its all about the best FINANCIAL interest of team probate theft under color of law this is a national disgrace i pray for your success the vultures are hovering 24/7 just waiting for their prey with scouts and headhunters laying in wait
This is so very wrong and another example of the scheming of how money is being re-directed and lawyers love conflict and opposition and dragged out long court battles = billing, billing, billing more money for them less for the rightful owners of the funds.
The best way to be successful at getting attention, change/reform is to unite and shout out loud the truth about probate is like the old wild west, out of control, no oversight, it's open season a free for all and who will stop it?
And, many times the vulnerable person is intentionally left destitute (via many schemes) which puts that poor soul on MEDICAID, paid in full by us the little people, the taxpayers and that is wrong and criminal it is MEDICAID FRAUD.
Unite and fight! There is power in numbers and the numbers are growing, we are on a mission and we will keep shouting out loud; we will not STOP fighting until our job our mission is done.
Satisfied Member of NASGA
Laurie Roberts is doing a great service to society. Thank you for continuing to expose the secret underworld of probate court.
Thanks to Laurie Roberts, Arizona is going to light up and lighten up on probate victims.
This is awful, heartbreaking situation that shouldn't have happened.
Very best to the family and I do hope they have recourse to recover their losses times ten now that is what is needed harsh consequences for motive and intent for actions and inactions for the wrong reasons.
What the hell is it timlahrman?
Anonymous --- to answer your question, as I travel about investigating these cases there seems to be a certain theme that runs through all these cases and this would be a scheme of extrinsic frauds, an unconstitutional presumption of incapacity and a host of ADA and other contitutional violations a mile long. This is not to say the task of beating these cases is easy,m but start in the very beginning of the case and look closely for the extrinsic frauds and move outward from there ...
Trust me ---- these cases are fraught with error ... being able to identify and recognize it is the trick.
Good luck Anonymous ... :) may good fortune reign over you
Please report your case to Senator Leahy, the chair of the Senate Judiciary Committee. If he gets enough complaints, the Senate will open an investigation of the probate courts in this county.
Go to www.probatesharks.com
On the index on the right,there is a link to the article: "How to Report Violations of the Americans with Disabilities Act". The directions for reporting to Senator Leahy are in that article.
Good luck to your family
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