AZ Governor Signs Probate Reform Laws Inspired by Disney Family Court Battles

In a Year of Vetoes – Arizona Legislature and Governor Agree on Need for Sweeping Court Reforms with Unanimous Votes in Both Chambers

June 20, 2023 10:07 PM Eastern Daylight Time

PHOENIX--(BUSINESS WIRE)--Today, Arizona Governor Katie Hobbs signed into law SB1291, drastically elevating the rights of citizens in guardianship and conservatorship in historic reform for an area of civil law that has long been noted for abuse. Governor Hobbs had previously signed SB1038, establishing a Probate Advisory Panel. Both bills passed out of the Legislature with unanimous support in both the House and Senate, which together bring long-needed reform and accountability to probate courts in Arizona.

The grassroots effort was led by Sherry Lund, who was motivated to act after her family endured over a decade of emotionally devastating and extremely costly litigation in two states to prove her stepson, the grandson of Walt Disney, was competent and not in need of a guardian or conservator. Her experiences led her to found 5-14 Protecting Liberty, a grassroots organization dedicated to probate reform.

“The amount of money that was demanded to be paid by our family through the legal action to protect our son’s rightful inheritance was nothing short of extortion. Across our nation the courts, attorneys, and fiduciaries have developed a pattern and practice of abuse that protects their sources of financial gain, pulling it from private citizens and into their pockets. After what happened to our family, I could not sit by and watch as other Americans are abused by the system that was designed to protect them,” said Mrs. Lund.

Both bills were sponsored by Senator John Kavanagh R-Fountain Hills, who stated in public testimony that probate reform is “a very important issue” and spent hours in stakeholder meetings to develop the bill language that would ensure the rights of individuals are not lost unnecessarily in Arizona courts. Rep. Alex Kolodin R-Scottsdale, who sponsored the striker amendment that added stronger protections for Arizona citizens, called SB1291 “a phenomenal bill” and was instrumental in seeing it passed. By Arizona law, the bills will become effective 90-days after Sine Die of the Arizona Legislature. Mrs. Lund in expressing her gratitude said, “Immense thanks are due to Sen. John Kavanagh for his efforts at getting both of these bills through the legislature, to Rep. Alex Kolodin for his strong legal language and commitment to the Constitution, and to Governor Katie Hobbs who recognized the need for reform and signed SB291 and SB1038 into law.”

Asked about her next plans, Mrs. Lund replied, “I’m not stopping. There is much more to do in Arizona to protect children and families. Nationally, I won’t stop until every state is upholding the Constitution in probate matters. Our case led me to meet so many other families, from around the country, with horror stories that cannot be ignored. I have the ability to affect positive change and am determined to do so.”

About 5-14 Protecting Liberty: Founded by Sherry Lund, 5-14 Protecting Liberty is a grassroots coalition of citizens who have experienced abuse, separation from loved ones, the loss of individual liberty, personal property and finances in the probate system. 5-14 Protecting Liberty is dedicated to protecting the rights of all.

Contacts

Kim Owens
Gordon C. James Public Relations
602-689-9449
kowens@gcjpr.com

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AZ Governor Signs Probate Reform Laws Inspired by Disney Family Court Battles

Probate Court Reform Bill Passes On Bipartisan Vote In Arizona House

On Tuesday, the Arizona House of Representatives took a major step in protecting Arizona citizens from abuse and the potential for corruption within the current probate system by passing SB1038, establishing a citizen-led Probate Advisory Panel that reports their findings directly to the legislature.

Supporters say the need for such a panel was made clear in testimony from Arizona victims of probate abuse during committee hearings and is supported by the reports out of the United States General Accountability Office and the Department of Justice, documenting years of physical, psychological, and sexual abuse, physical abandonment, and financial exploitation from probate actions.

In explaining his “yes” vote, Rep. Alex Kolodin, an attorney, described that his original reluctance to support the bill was overcome by the testimony of witnesses and the paring of SB1038 with SB1291, which he described as “a very good probate reform bill.”

SB1291 is awaiting final House approval before heading back to the Senate due to amendments in the House.

The bill was the work of Sherry Lund, a nationwide advocate for probate reform, and Senator John Kavanagh-R. On the passage of SB1038 in the Arizona House, Mrs. Lund said, “At a time of such division within our country it is inspiring to see the bipartisan support of this bill which really speaks to the belief in protecting the rights of the people against the status quo. It is not a Democrat issue or a Republican issue, this is a Constitutional rights issue. It was encouraging to see that recognized by the huge majority of members, regardless of party.”

The Probate Advisory Panel, if signed into law, would meet at least quarterly and report its findings directly to the legislature for consideration of further reforms to the probate system in Arizona.

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Probate Court Reform Bill Passes On Bipartisan Vote In Arizona House

Pass Senate bills to end probate system actions that cause abuse, abandonment, exploitation

Being tied to something as well-known as “Disney” provides for interesting conversations. Mention “probate court” and eyes glaze over. My stepson, Brad Disney Lund, the grandson of Walt Disney, and our family have been in protracted probate cases for more than 13 years. Brad won his Arizona case, our family vindicated of any wrongdoing, but the people we met and what we learned about the probate system in the United States revealed a nightmare worse than any evil portrayed in fantasy. (Deposit Photos)

Being connected to something as well-known as “Disney” provides for interesting conversations. Mention “probate court” and eyes glaze over. The connection to one has made me all too familiar with the other. My stepson, Brad Disney Lund, the grandson of Walt Disney, and our family have been in protracted probate cases for over 13 years. Brad won his Arizona case, our family vindicated of any wrongdoing, but the people we met and what we learned about the probate system in our country revealed a nightmare worse than any evil portrayed in fantasy. The Ninth Circuit Court of Appeals called the probate court in our case “The Most Unhappy Place on Earth.”

These real-life experiences invoke questions of how this is even legal in America. When compared, the pattern of practice across the country becomes obvious. The Department of Justice has years of documented physical, psychological, and sexual abuse, physical abandonment, and financial exploitation from probate actions. More accounts are found with a simple internet search.

People being denied due process, stripped of every dime they saved, robbed of pensions, restricted of precious time with loved ones, drugged and left to develop bedsores, pushed into declining health ultimately to die penniless and often alone, motivated me to seek change. Which is why two probate reform bills, SB1291 and SB1038, are in our Legislature this session. Both bills have garnered immense bipartisan support, are vitally important and must become law.

Arizona law allows for a simple medical evaluation, it could be by a registered nurse or physician assistant, to place someone under a court order. There is no requirement for an evaluation from your long-time personal physician, or someone specifically trained in detecting mental and physical incapacity to perform this evaluation that will remove you of every right you ever had. A stranger is able to determine if a person stands to lose their civil rights and be reclassified as a “ward” in a court action where limited evidence is required.

Enter the dystopian reality of families legally prevented from seeing loved ones, sedation to keep the ward “calm,” liquidation of assets and personal belongings, a likely change of residence to fit the needs of the guardian who now bills the ward for every aspect of care, for example $25 to open and $25 to read each piece of mail – even junk mail. The ward loses the right to vote, to drive, to see whomever they choose, to live where they choose, the ability to choose their own doctor and make healthcare decisions. Essentially, all individual decision-making is forfeited and given to the guardian, a stranger, appointed by the courts in most cases.

When a guardian is appointed, it usually means that a conservator over their estate is also appointed. Probate does not require great wealth or being elderly. Owning your home, having a 401K or IRA, other assets, Social Security or pension will do. It can start with getting sick or having an injury with an unexpected hospitalization, a bank account problem, or a family squabble over who takes care of someone, or who gets the house and remaining retirement savings after mom and dad are gone.

These events trigger the idea that there is a need for an intervention in the care or financial management of the individual, which ushers in the court-appointed attorneys, fiduciaries and guardians. With relatively minimal effort, an individual’s civil rights are removed, their life no longer under their control. Then there is the money that is filtered through probate cases. So much money.

The money running through the probate system makes it ripe for corruption. The United States is estimated to have 1.3 million active probate cases, including over $50 billion under management, with a staggering $16.9 billion drained from retirement accounts, family trusts, and lifetime savings of Baby Boomers alone. In many cases it is the court-appointed players receiving these funds, nicknamed “probate pirates” due to their ease at liquidating assets while staying in the gray zone of legality. One recent article said the current probate system “… irreparably damages entire generations of innocent families.”

Not surprisingly, the abusers in the system are trying hard to push back on SB1291 and SB1038 by lobbying to water down these bills. They should not be allowed to deny the Constitutional protections against what is happening in the probate courts to protect their status quo. Every citizen should be concerned that our rights are so easily eliminated and all that we hold dear and planned for, wiped away. It is incumbent on the Arizona Legislature to pass and Gov. Katie Hobbs to sign into law, SB1291 and SB1038.

Sherry Lund of Paradise Valley is the founder of Protecting Liberty 5-14, a grassroots organization dedicated to protecting the rights guaranteed in the 5th and 14th Amendments and has spent over a decade advocating nationwide for victims of probate abuse.

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Pass Senate bills to end probate system actions that cause abuse, abandonment, exploitation