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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
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Experience:  30 years of corporate, litigation and international law
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BIZLAW, Sir please let me know on my payments your system

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BIZLAW,
Sir please let me know on my payments your system was down most of the day.

On settlement,are you saying my 9/16 walk away offer is what I have to come back to? My sisters refused and came back continually with cash up front and my aunts condo.If I hae to go back I guess I will go back even though it was two months ago and they said forget it.Here is what we know,without a settlement they have a 0 chance of improving their position conversley only legal fees but the Magistrate already told them the Americaln rule each pays their own as you have been saying.I thought what the Magistrate would think of as being fair would be mother dies trustee pays taxes and professional fees and the benificiaries split the rest? What do you think?

I have an interum attorney thsat wants to be a savior but as I told him he is playing in a game he should not be in.I made a written offer on 9/16 they responded with their offer.My attorney then gets into this continual up front money condo issue but noy with my encouragrement.I told him to tell them any offer is in writing.He kept talking on the phone.Tonight and I will get the details tomorrow was I think he sent a letter to the other attorney saying that $120,000 up front to my sisters would be agreeable.If he did without my authority permission or even a copy it will be a serious issue.My concern is what if anything can the opposing attorney use that at the settlement hearing?
Submitted: 3 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 3 years ago.
Hi found this post and I will respond in a few minutes.
Customer: replied 3 years ago.
This was a proposed letter to the Magistrate.I am sure it is too long.I dont think there is anyway to get beyond what is in the trust today.
Customer: replied 3 years ago.
I am sure this is too long.The $2.0M that is there today I am sure they will not expand it by making my sisters give back.So the question becomes how to get what I can.
Expert:  Richard - Bizlaw replied 3 years ago.

I did not get the text of the letter you wanted me to look at. You are not bound by any offer your attorney made without your permission. I still do not understand why you would pay them $120,000. Is this to buy out their interest in the condo? I am missing something here.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8684
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 3 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

My offer 9/16 was to walk away and split what was left by 1/3rd.They then got cute with wanting up front money and a deferred payment on my aunts condo.I think the attorney I was temporarily working with starred in father knows best and thougfht even if I was giving up more now atleast I would be protecting the rest.He never understood the type he was dealing with.

 

Sorry about the length and I anm sure it it too long

I would envisualize opening the meeting with the 2006 trust and will,2006 trust,2005 and 2006 Mars report,a list of witnesses and doctors and saying this is why we are here today and why my aunt did not settle this trust two and one half years ago.Without this fraud my aunt would hav asked for an accounting no different than the trust and trustee affords any beneficiary.

 

Dear Judge Cox,

 

Thank you for giving us the opportunity to try and resolve my mother's estate. I am sorry we are taking up you valuable time for something to most is routine. We are not dealing with normal people.

I must start by saying why all of us are here today and why this case was not resolved several years ago. We are not talking about a large complicated estate. We are talking about a $2.M living trust. Prior to my mother's stroke in the fall of 2006 her brother Alvin Kiel had been the sole trustee for 25 years of a $3.4M VKR irrevocable trust. My mother's sister was my mother's caregiver, power of attorney property and successor trustee of my mother's living trust and her marital remainder trust. At this time the trusts were worth approximately $6.0M. My mother had exclusive control of all three trusts as she was the sole beneficiary of the marital trust, the sole beneficiary and grantor of the VkR living trust, and the grantor with a buy back provision of the VKR irrevocable living trust.

When my mother left home in the early fall 2006 her estate was set up this way and had been for some time. Because of past disagreements and in spite of strong pressure she would not allow any of her children to become the successor trustee. Unfortunately edema and 6000 miles in an airplane trip led to a stroke in Willington North Carolina

Within 60 days her daughters called the uncle who was trustee of the irrevocable trust and by deceit and force were able to get him to resign from the VKR irrevocable trust. He was replaced by a forged signature and help from my sister's attorney with a notary stamp on a signature he knew was forged. That is the second of three trusts my sisters took control of. The first was by fraud in 2000. Still with work to be done the same attorney eight days later after the irrevocable trust change from 1000 miles away and with direction from one of three beneficiaries drafted an amendment to the Verla Regnery living trust removing Mrs.Regnery"s sister Juaine Broadbent as successor trustee. <Mrs Regnery's two daughters with fraudulent concealment became the successor trustees in spite of their mother's wishes. .The only problem was Mrs.Regnery was legally incapacitated as witnessed by this neurological examination. There are eight family member witnesses (listed) my sister's husband and the two attending neurologists. The daughters also took the $1000 per month their mother had written in her trust for Vela's sister, Juaine Broadbent for the help she had been to my mother.

The change of successor trustees not only leads us for three years after my mother's death it also brings to light at least $1,250,000 withdrawn from my mother's trust for the last 14 months of her life and $450,000 after my mothers death. From living at her home with a round the clock caregiver my mother could have lived comfortably on $150,000 for the last 15 months of her life. Her daughters including a $420,000 forgery took almost $750,000 the incapacity clause in Mrs. Regnery's trust dictates that only money for my mother's health and welfare can be withdrawn from her trust. I do not believe an 88 year old incapacitated woman could spend more than $150,000 for her own care at home for 15 months... My sisters children had copies of my mother's credit card and during those 14 months ran up charges of $70,000.A $35,000 van with wheel chair access was bought however my mother was not using a wheelchair. My sister had 10 cats and five dogs and was gone every weekend to a dog and or cat show.

There was so much damaged done to my mother's estate before and after my mother's incapacity my sisters would not allow her to go home in spite of how badly my mother wanted to.

I realize this is to be about money and I will not get off track again .My mother was the glue that attached my sisters with her mother's money. Once my sisters had taken control of all three of my mother's trust they saw my mother as a liability. I had been in China this entire period of time and was not being told the truth about anything. When I announced I was coming to get my mother to take her home it took 48 hours to set up an order of protection against me, remove from a patient who was not terminally her 15 year heart medication and replace them with opiates. The combination of the two would end anyone's life

My mother passed away on 11/2/2007.I filed a very simple three count lawsuit on 1/15 2009.This allowed my sisters 14 months to do what any other trustees in the United States must do .Provide accounting including any not done, keep the beneficiaries Informed, pay the taxes and professional fees. There was no communications with the beneficiaries and I mean none. The taxes and professional fees were paid by the end of July 2008.The California attorney who I first met at a conservative hearing in California in May of 2007 was still on my mother's payroll but did nothing but protect my sisters from their wrong doings. Once the suit in Chicago was filed in this court Mr. Flaxman hired a Chicago law firm however Mr. Flaxman is still being paid by my mother's money while in California. In fact there is a Peter Flaxman trust set up with $170,000 deposited in it... He has done nothing for the trust except waste a great deal of money trying to take an Illinois trust and turn it into a California trust and protect two women who have broken every trust law there is and ended their mothers life.

Three years of accounting was turned into Judge Bucklo last June that she rejected but nothing has been done since. The trust and trustee act says we as beneficiaries are entitled to any accounting done and if not done must be done. My sisters possess two documents signed by my mother without being told or knowing what she was signing. They wrote off of 13 years of accounting. Probably $6.0M my aunt was with her at my sister's attorney and nothing was explained. There is a very well known trust attorney Todd Schaeffer. He wrote an article on valid releases with case law to support them. My mother's does not qualify for one of them. Our repeated requests have been ignored. My sisters both signed declarations telling the court they had the books and records of all of the trusts but now claim they don't know where they are.

My sisters for some strange reason did not think a money market account at the brokerage firm was enough. They went on to open 10 accounts around the country for this small living trust. At William Blair the money market checks would give us monthly itemized statement of every check written. There are four accounts in North Carolina, three in California and three in Chicago my sisters were the only ones that received checks or statements. My mother was taken off the list.

How do you come up with something that is fair instead of going through a year of accounting and court time? It is more than difficult.

I will give it a try. This still leaves $2.0M-1/2M of very questionable money behind.

My children and I are 1/3rd beneficiaries of a decimated trust. We have never been given an abounding or been able to trust my sister's expenditures, $420,000 for attorneys of a $2.0M trust. Grandchildren using my mother's credit card to charge $70,000.This are blatant as has been everything before and after my mother's death. They have controlled the money and use it to their exclusive advantage and they hire the likes of Peter Flaxman to cover up for them. While she was incapacitated

My sisters are not the successor trustees and if you would like me to conclusively prove it I will. I will but if I do I believe Mr. Sisters would have to repay the entire $400,000 to the trust and maybe punitive damages for fraud. So my proposal is based on, 11/2/2007 there was X amount of money at my mother's death. Then taxes and professional fees within reason are paid. After that figure everything is split three ways. That is how my aunt or any other trustee would close up the estate. What makes my sisters different? I also think my sisters should be financially punished for what they have done. It is hideous. My mother came from a very close family and they did not have much. My sisters have already taken $1. 000 per month away from my mother's sister which again is against my mother's written directive.

Incapacity witnesses, Juaine and Bill Broadbent,Pat and Dick Kiehl,Marcy Clemmons,John Scaletta, two Doctors from the Mars neurological clinic and my son and I and Eddie Keith.

Documents needed, 2003 trust and will,2006 trust, Mars 2005 and 2006 evaluations, settlement agreement interpleader,Wallerich forgery as well as computershares, trust and trustee act, Todd Schaeffers validation of a release

In 1997 when I relinquished the investment of the trusts there was $6.5M of aster.$5.50M invested which conservable would produce at 5% $250,000 per year. This would certainly be enough for an 80 year old frugal woman to live on. Today in her own home

 

2006 2007 Verla at home with a $30,000 per year live in

Personal 14443 12051 10,000 per month covers everything as well as the

Van 31150 caregiver live in, 14 months 150,000 (per Juaine)

Nursing home 26482 23877 2006 4 months 115,000

Medical 2552 11277 2007 11 months 189,059

Sitters /drivers 5051 34010 Difference between living at home or with

Credit card 32883 37844 her daughters for the last 15 months of her life

Acct./legal 2911 70,000 150,000

 

4 months Lynn's 115,000 11 months Gretchens 189059, forgery 420,000= 724,000 VKR 150,000

These figures do not include 243,000 of gifting at their own direction attorneys expense 425,000 2007-2010

The significance of these figures besides self dealing is the obligation the trustees have to the beneficiary and contingent benificiaries.Once my mother became incapacitated the trustees could only withdraw from the trust enough for the grantor's health and welfare.No one but the grantor after incapacity can profit from the trust.

On the $420,000 some may say so what the three kids were going to get it anyway.I say what they did was a federal crime and my mother alive and because of the buy back provision could have changed beneficiaries.

 

What I did her is take out any common categories like taxes, insurance, gifting etc.

is $2.0M but no one is saying or showing where it went.

 

 

Expert:  Richard - Bizlaw replied 3 years ago.

Below is how I revised the letter. There are questions in brackets or things that need to be clarified in brackets. So what is required is further revising the letter with the information called for in the brackets. I have assumed that the purpose of the letter is to lay out the case you have and to show that your offer to walk away is more than reasonable. If my understanding is wrong let me know.

 

Dear Judge Cox,
1. Thank you for giving us the opportunity to try and resolve my mother's estate. I am sorry we are taking up you valuable time for something to most is routine. We are not dealing with normal people.
I must start by saying why all of us are here today and why this case was not resolved several years ago. We are not talking about a large complicated estate. We are talking about a $2.M living trust. Prior to my mother's stroke in the fall of 2006 her brother Alvin Kiel had been the sole trustee for 25 years of a $3.4M VKR irrevocable trust. My mother's sister was my mother's caregiver, power of attorney property and successor trustee of my mother's living trust and her marital remainder trust. At this time the trusts were worth approximately $6.0M. My mother had exclusive control of all three trusts as she was the sole beneficiary of the marital trust, the sole beneficiary and grantor of the VkR living trust, and the grantor with a buy back provision of the VKR irrevocable living trust.
When my mother left home in the early fall 2006 her estate was set up this way and had been for some time. Because of past disagreements and in spite of strong pressure she would not allow any of her children to become the successor trustee. Unfortunately edema and 6000 miles in an airplane trip led to a stroke in Willington North Carolina
Within 60 days her daughters called the uncle who was trustee of the irrevocable trust and by deceit and force were able to get him to resign from the VKR irrevocable trust. [what was the deceit - you need to be specific] He was replaced by a forged signature [whose signature was forged and what is the significance of the forgery] and help from my sister's attorney with a notary stamp on a signature he knew was forged [how did he know it was forged? Was he present when the document was signed and he notarized it?]. That is the second of three trusts my sisters took control of. The first was by fraud in 2000 [how did this fraud occur and when was it discovered]. The same attorney eight days later after the removal of my uncle at the direction of one of my sisters drafted an amendment to the Verla Regnery living trust removing Mrs.Regnery"s sister Juaine Broadbent as successor trustee. [This should state that it was signed by your mother at a time when she was mentally incompetent] as demonstrated by a neurological examination and confirmed by eight family member witnesses (listed) my sister's husband and the two attending neurologists. Through these fraudulent actions, Mrs Regnery's two daughters became the successor trustees in spite of their mother's wishes. The daughters also took[for themselves] the $1000 per month their mother had written in her trust for Vela's sister, Juaine Broadbent for the help she had been to my mother.
The change of successor trustees has lasted for three years after my mother's death and the 14 months prior to her death. During the last 14 months of my mother's life during which her daughters fraudulently became successor trustees, at least $1,250,000 was withdrawn from my mother's trust and an additional $450,000 after my mothers death. From living at her home with a round the clock caregiver my mother could have lived comfortably on $150,000 for the last 14 months of her life. Despite a specific provision in my mother's living trust that only money for my mother's health and welfare can be withdrawn from her trust, her daughters took almost $750,00, including a $420,000 forgery [what was forged that resulted in the loss of this money] supposedly for her health and welfare. I do not believe an 88 year old incapacitated woman could spend more than $150,000 for her own care at home for 15 months... My sisters children had copies of my mother's credit card and during those 14 months ran up charges of $70,000. A $35,000 van with wheel chair access was bought however my mother was not using a wheelchair. My sister had 10 cats and five dogs and was gone every weekend to a dog and or cat show.
Once my sisters had taken control of all three of my mother's trust they saw my mother as a liability. I had been in China this entire period of time and was not being told the truth about anything. When I announced I was coming to get my mother to take her home it took 48 hours to set up an order of protection against me, remove from a patient who was not terminally her 15 year heart medication and replace them with opiates. The combination of the two would end anyone's life
My mother passed away on 11/2/2007.I filed a very simple three count lawsuit on 1/15 2009.This allowed my sisters 14 months to do what any other trustees in the United States must do, provide an accounting including any not done, keep the beneficiaries informed, pay the taxes and professional fees. There was no communications with the beneficiaries and I mean none. The taxes and professional fees were paid by the end of July 2008.The California attorney who I first met at a hearing in California in May of 2007 was still on my mother's payroll but did nothing but protect my sisters from their wrong doings. Once the suit in Chicago was filed in this court Mr. Flaxman hired a Chicago law firm. However Mr. Flaxman is still being paid by my mother's money while in California. In fact there is a Peter Flaxman trust set up with $170,000 deposited in it [was this from your mother's trust? If so say so, if not what is the relevance of it?]... He has done nothing for the trust except waste a great deal of money trying to take an Illinois trust and turn it into a California trust and protect two women who have broken every trust law there is and ended their mothers life.
Three years of accounting was turned into Judge Bucklo last June that she rejected but nothing has been done since. The trust and trustee act says we as beneficiaries are entitled to any accounting done and if not done must be done. [The rest of this paragraph is weak. How do you know your mother did not know what she was signing? This was not when she was mentally incompetent. You need to provide substance to this allegation. If you can't just point out that you are entitled to copies of all accountings and have yet to receive any even though demanded] My sisters possess two documents signed by my mother without being told or knowing what she was signing. They wrote off of 13 years of accounting. Probably $6.0M my aunt was with her at my sister's attorney and nothing was explained. There is a very well known trust attorney Todd Schaeffer. He wrote an article on valid releases with case law to support them. My mother's does not qualify for one of them. Our repeated requests have been ignored. My sisters both signed declarations telling the court they had the books and records of all of the trusts but now claim they don't know where they are.
My sisters for some strange reason did not think a money market account at the brokerage firm was enough. They went on to open 10 accounts around the country for this small living trust. At William Blair the money market checks would give us monthly itemized statement of every check written. There are four accounts in North Carolina, three in California and three in Chicago my sisters were the only ones that received checks or statements. My mother was taken off the list.
My children and I are 1/3rd beneficiaries of a decimated trust. We have never been given an accounting or been able to trust my sister's expenditures, $420,000 for attorneys of a $2.0M trust. Grandchildren using my mother's credit card to charge $70,000. These are some of the known blatant abuses that have been visited on my mother's trust since it fell under the control of my sisters.
My sisters are not the successor trustees. They took this role by using fraud to get my uncle to resign and then having my mother sign an amendment to the trust naming them successor trustees at a time when my mother lacked the mental capacity to know what she was signing. Thus the amendment to the trust making them successor trustees is void and without effect. Consequently, things such as entire $400,000[describe what this was used for and how it is inappropriate] to the trust and maybe punitive damages for fraud.

So my proposal is based on, 11/2/2007 there was X amount of money at my mother's death. Then taxes and professional fees within reason are paid. After that figure everything is split three ways. That is how my aunt or any other trustee would close up the estate. Below is a contrast between what was required financially to maintain my mother comfortably compared to the expenditures actually made.

[the list of expenses is totally confusing. You need to list what she spent before your sisters took over. So you have the monthly living expenses plus the cost of live ins, etc. Then compare that with the additional expenditures that were made]
In 1997 when I relinquished the investment of the trusts there was $6.5M of aster.$5.50M invested which conservable would produce at 5% $250,000 per year. This would certainly be enough for an 80 year old frugal woman to live on. Today in her own home
2006 2007 Verla at home with a $30,000 per year live in
Personal 14443 12051 10,000 per month covers everything as well as the
Van 31150 caregiver live in, 14 months 150,000 (per Juaine)
Nursing home 26482NNN-NN-NNNN4 months 115,000
Medical 2552NNN-NN-NNNN11 months 189,059
Sitters /drivers 5051 34010 Difference between living at home or with
Credit card 32883 37844 her daughters for the last 15 months of her life
Acct./legal 2911 70,000 150,000
4 months Lynn's 115,000 11 months Gretchens 189059, forgery 420,000= 724,000 VKR 150,000
These figures do not include 243,000 of gifting at their own direction attorneys expense 425,000 2007-2010
The significance of these figures besides self dealing is the obligation the trustees have to the beneficiary and contingent beneficiaries.Once my mother became incapacitated the trustees could only withdraw from the trust enough for the grantor's health and welfare.No one but the grantor after incapacity can profit from the trust.
On the $420,000[you have to explain what this number represents. You can't assume the reader knows the details the way you do] some may say so what the three kids were going to get it anyway.I say what they did was a federal crime and my mother alive and because of the buy back provision could have changed beneficiaries.
The following items I do not know are necessary for the letter to the judge.

Incapacity witnesses, Juaine and Bill Broadbent,Pat and Dick Kiehl,Marcy Clemmons,John Scaletta, two Doctors from the Mars neurological clinic and my son and I and Eddie Keith.
Documents needed, 2003 trust and will,2006 trust, Mars 2005 and 2006 evaluations, settlement agreement interpleader,Wallerich forgery as well as computershares, trust and trustee act, Todd Schaeffers validation of a release

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 3 years ago.

Sir,

Thank you,

I will make the proper revisions.Do you think it is too long?

 

Here is my dilemma.

 

I sent a letter to the Judge at your suggest good move.That forces a settlement hearing.The magistrate says legal fees will be the Americaln rule.Everyone pays there own.This removes the only remote possible of them improving their position.Disinherritance is an impossibility.So now I need to find another attorney to attend the conference(how about you).There is only $1,550,000 left not including the condo.My sisters attorneys take at will and I suspect the California attorney miight be giving some back.There is a trust account under his name with $170,000 in it.Since June of 2007 he is being paid by my mothers estate.Why cant that be contested s he has done nothing for the estate.He just protects my sisters.If they have spent $450,000 how does the American rule work as 1/3rd of that is my money.By Tuesday or Wednesday the documents from Mars will arrive.This will show conclusively my mother condition but more importantly that my sister was fully aware of it at the time she had the trust drafted.

 

What will the Judge say if I pulll out those documents.Should the be part of a settlement.

 

They will try to use a letter from my attorney saying we are very close and referrencing the $120,000 to my sisters.I will say I did niot know or approve of anything after my innitial offer and the attorney thought he could come to me after negotiating a new deal and convince me to take it.

 

I am not really worrried about the Judge saying that should be it.What I am worried about is the physicology and that the Judge will not let me go past 1/3rd.

 

The Mars situation I dont know how to let go of.I talked to the neurologists and they are ready for depositions,I have nine family members,a analysis of my mother,plus all of these internal documents.Should I try to take the depositions prior to the settlement hearing.

 

I guess I am trying to figure out how things could turn out.If the Mars is so powerful is it worth walking away from the settlement and taking the risk of the Judge's reaction.

 

 

Customer: replied 3 years ago.
Sir I cant get a payment through
Expert:  Richard - Bizlaw replied 3 years ago.
Call(NNN) NNN-NNNNand they will be able to help you.
Customer: replied 3 years ago.

Sir,

I found your letter.The purpose at the time what to outline what had happened.My 1/3rd I dont believe I have to documewnt as it is my inherritance or what is left of it.The legal fees dont change the numbers. What I am pushing for now.is to take the Mars depositions.he local attorney is afraid of upsetting the magistrate.I dont see why she could be upset.This is the largest piece of the case.To get a settlement I would hope she would know whe would have to pursue this.They have kept my attorneys away for three years.These along with the new files they are sending me I believe would conclusively prove fraud.Do I want to push it to the point of no settlement.That iis a tough call.It was your letter to the Judge that got us here.But now late in the game will it create a problem?

 

It is still a lawsuit and there was one hell of a lot of money lost and I have spent more than I care to admit.It is almost like I say to the magistrate that only have one thing to say but I need two depositions.

Customer: replied 3 years ago.

Sir,

Thank you for the revisions.I think I covered all of them.Now I am not sure what to do with letter.The question is do I push to bring the new Mars documents,witnesses and depositions and try to get them in at the settlement conference.They have threatened to sue Mars on more than one ocssion and kept two of my attorneys away.They know what I know the Mars documents and witnesses and depositions break my sisters back.

 

At the settlement hearing how does the Magistrate deal with this.If shew dos whatr does muy walk away september become.That would force a hearing.Who does the Judge blame. Will he freeze the assets?If not eveything may be gone.There is no answer to this dilemma.Maybe we tell the Magistrate this is the backbone of the case settlement or trial.We finally have all of the documents and on Friday the neurolists finally said they are ready.They have been threatened to be sued three time by Mr.Schmeidel an Mr.Flaxman so it has been very hard to talk to them.We would like to depose them prior to our settlement conference.

Expert:  Richard - Bizlaw replied 3 years ago.

Ideally you would get your depositions in before the settlement. The purpose of the letter to the judge is to both state that you are prepared to settle on the basis you proposed or go to trial. I would not spend a lot of time worrying about upsetting the magistrate or the judge. Many of your claims entitle you to a jury trial. If there is no settlement you want to get ready for trial.

 

The letter to the judge lets him see what a reasonable proposal on settlement you made but also the strength of your case. You need to demonstrate the attitude that you will settle as you proposed but will not be pushed. Let the other side worry about what you will do and you spend less time worrying about the judge and magistrate.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8684
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 3 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
Try again
Customer: replied 3 years ago.

sir please let me know somewhere areound $50.00 should have come through

Customer: replied 3 years ago.

I dont know the process of a deposition.How much notice to the opposition.Can you use an attorney from that state. Would the magistrate say after I showed her all of the documents where is the deposition and I could say the settlement conference caught me by surprise last Thiursday I have not had time to schedule it.Should I write and send a fax to the magistrate re. the depositions.

Expert:  Richard - Bizlaw replied 3 years ago.

I sent you a note earlier that I received the $30 payment and the $22.50 bonus. I deposition has to be taken on notice. I am not sure of the time period off hand but usually at least 10 days notice and it normally done taking into account all parties' schedules so normally although the notice may be 10 days you usually work out the time to everyone's convenience, especially the witnesses. Professional people such as doctors who are called as deposition witnesses are persons whose schedules are usually fairly booked. I would not notify the magistrate of anything. If she asks about depositions, just say they are being scheduled and will take place after the settlement conference since that just came up.

 

You can use a local attorney to take the deposition but usually it is more cost effective to have the attorney familiar with the case do it because they will be sure to get all the information needed. However, it can be done by a local attorney.

 

 

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8684
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 3 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

Sir,

Should we not at least send out notice of a deposition now?

Expert:  Richard - Bizlaw replied 3 years ago.
Unless you have an extension of time on discovery, I would definitely send out the deposition notices now. Those notices themselves impose pressure on the other side.
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8684
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 3 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

Sir,

This is what was sent to me along with mant others

\

 

This rule is found in §8-1(a) of the Illinois Probate Act (755 ILCS 5/8-1). Section 8-1(f) of the Illinois Probate Act applies the same rule to "[a]n action to set aside or contest the validity of a revocable inter vivos trust agreement or declaration of trust to which a legacy is provided by the settlor's will." The practical upshot of these rules is fairly simple: if you don't file your Will or trust contest within the six-month period after the Will is admitted to probate, then your action is barred.

Expert:  Richard - Bizlaw replied 3 years ago.
You are not contesting the validity of the trust. You are contesting an amendment by parties who had no authority to amend the trust. That is not the same thing. .
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8684
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 3 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
That may nbe the best explination I have heard yet.
Customer: replied 3 years ago.
First aI would argue that the attorney was not an attorney when he made that trust he was a partner. So what would this be called.My mother is here with me and my friend goes to kinkos and uses so]m e white out and my mother signs it.Is that a trust contest.Or I call you and knowing it is illegal you create an idential document substituting some names and taking $1000 per month away from my aunt.I get my mother to sign it.Is that a trust contest.I like your explination
Expert:  Richard - Bizlaw replied 3 years ago.
The things you lay out are not a trust contest they are the actions of thieves defrauding the grantor of the trust of her assets. The attorney would be a co-conspirator and not negligent. If these three people had no relationship to your mother would you say you are contesting the trust or are you seeking recovery from thieves?
Customer: replied 3 years ago.
Sir,

The trustee issue as far as I am concerned is continue or stop.There is only $1.5M cash.If the six months holds annd the trust does not get frozen I am religated to un cover as many misapropiations as I can find and try to prove them .Very expensive.Or lets say tomorrow the Judge says yes your sisters must account for 18 years.Very big expense.I spend my own money and they spend the trust funds which costs me another 1/3rd.

I dont thnk the risk reward is in balance..Now if we can throw the 6 months trust contest out then they have to repat the trust,the new trustee goes after them for everything with trust funds which 2/3rds are theirs.The entire landscape changes.You have nio idea the lengths they have gone to to keep me away from Mars.They are very concerned.I think they know trying to argfue my mothers sanity is a lost cause so they only have one out.
Would it pay for me to try and find a law student and have him research this.
Expert:  Richard - Bizlaw replied 3 years ago.
A third year law student could do the research on the 6 month contest issue economically and then you would have a better feel for that issue.
Customer: replied 3 years ago.
Any idea on how to find one.Also you definantly think I should ask the state court to distribute the funds? Unless it is the probate court wont we end up back in the federal court?
Expert:  Richard - Bizlaw replied 3 years ago.

If you go to state court to sue the trustees and the attorney, you have destroyed diversity so it can't go back to the federal court. Contact a local law school in the placement office and say you have a research assignment for a third year student for $20-30 per hour. The job is estimated to take about 10-15 hours.

 

 

Richard - Bizlaw, Attorney
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Customer: replied 3 years ago.

I will see thanks.Prior to receiving this from you I contacted a para legal in the virgin Islands I had used be for on modifying pleadings time lines and she even sent me a very detailed list of what I needed to win both cases.I have asked her if she can handle this.She has a girl somewhere who does nothing but this.She will get back to me.To me a trust contest can be nothing other than the language and distribution of the trust and someone questioning it.How many times in trust history would someone commit fraud to become the successor trustee.The successor trustee pays the taxes and legal fees and it is over.If not for a history of fraud and theft my sisters would never have done what they did.Their sole purpose was they know what that had done and me or any other sane person would sue them.They kept control of the trust and used the money not in a ethical was but to protect themselves from their own crimes.

 

What is the difference between a trust contest and suing a successor trustee.I think a trust contest is not so much suing someone but asking the Judge to take hold of the trusts weigh your concern and make a decision.In our case we are saying to the Judge here is a long list of fraud breaches of fiduciary duty and the daughters used the incapacity of the grantor to control the trust funds after the grantors death without the intention of ever paying them out until all plaintiffs ran out of money.

 

The unfortunate thing is the court is fostering this behavior without knowing it.I have some unfired motions from my last attorney.Not too bad.Pay out the trust and freeze the trusts.

 

If you agree with what I wrote is there away to incorporate it into one of these motions and maybe after the clerks read it the light will go out.

Expert:  Richard - Bizlaw replied 3 years ago.

You have to decide where you want to make the push to pay out the trust. You have stated you want to get away from this judge. Also, to just demand payout of the trust may be a probate issue related to the interpretation of the trust as opposed to claiming breach of fiduciary duty. I think this application may be better served if you brought it in the state probate court. You could also then sue the attorney for participation in the fraud or for malpractice if he notarized your mother's signature from 1,000 miles away. You already have the federal magistrate questioning whether the federal court has jurisdiction of the trust. So I would go to the state court with a suit to distribute the trust and to sue the attorney for participation in the fraud or for malpractice in the alternative.

 

I assume the paralegal you are referring to is in the US Virgin Islands because she has to understand US law. If she is and you have confidence in her then she can do the research on the will contest issue.

 

.

 

 

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Category: Business Law
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Customer: replied 3 years ago.

Sir,

I am working on the draft for the Judge.I have one from you with underlines and brackets.Is that the one I should use.

Expert:  Richard - Bizlaw replied 3 years ago.
Yes that is the one to use. The underlines are additions and what is in brackets is either deleted or requires more explanation.
Customer: replied 3 years ago.

I hope this was you correction.

 

Your advise is just go in and lay it on the table my best and only offer.Mothers death minus taxes and professional fees.

 

Do I take them in detail the if you don't, 8 witnesses, countless documents, most with Lynn's fingerprints, two neurologist, death certificate Alzheimer's,it is a tort 6 month contest does not apply,Mal-practice by the attorney second in one week I am filing charges,a beneficiary alone with an incapacitated grantor,can not request a trust document from an attorney 1000 miles away.It in itself is not valid.If there is no settlement I will ask for an injunction and punitive damages

 

18 years accounting,trust and trustee act is very clear,here are the the 10 criteria any release must meet.Most important is you can not be released from something you are required by law to provide (accounting)

 

The trust will be frozen by the injunction

 

I will also file the slayer statute suit in DuPage county

 

I will ask for my $250,000 in legal fees back

----------------------------------------------------------------------------------------------------------------

Dear Judge Cox,

If you want to consider handling this in a different way this is my botXXXXX XXXXXne.I gave my sisters 14 months to give us anything most importantly an accounting.We had no chioice to file suit.My proposal brings us back to that point maybe $150,000 for them to settle.A very small amount compared to the accounting nightmere however I know a great deal.Maybe you want to meet maybe not.I dont think they give upp as long as the court allows them to dissipate my mothers assets.I am being as fare and realistic.I have a pleading as an injunction ready to go.If I could get in front of Judge Marovich and he would grant the injunction I guarrantee a settlement.


Thank you for giving us the opportunity to try and resolve my mother's estate. I am sorry we are taking up you valuable time for something to most is routine. We are not dealing with normal people.


I must start by saying why all of us are here today and why this case was not resolved several years ago. We are not talking about a large complicated estate. We are talking about a $2.M living trust. Prior to my mother's stroke in the fall of 2006 her brother Alvin Kiel had been the sole trustee for 25 years of a $3.4M VKR irrevocable trust. My mother's sister was my mother's caregiver, power of attorney property and successor trustee of my mother's living trust and her marital remainder trust. At this time the trusts were worth approximately $6.0M. My mother had exclusive control of all three trusts as she was the sole beneficiary of the marital trust, the sole beneficiary and grantor of the VkR living trust, and the grantor with a buy back provision of the VKR irrevocable living trust.


When my mother left home in the early fall 2006 her estate was set up this way and had been for some time. Because of past disagreements and in spite of strong pressure she would not allow any of her children to become the successor trustee. Unfortunately edema and 6000 miles in an airplane trip led to a stroke in Willington North Carolina


Within 60 days her daughters called the uncle who was trustee of the irrevocable trust and by deceit, telling my uncle my mother was moving to California and wanted her trust and trustee close to her Not knowing any better my uncle resigned. He was replaced by a forged signature; Tom Wallerich Gretchen's soon to be ex-husband. The forgery transferred control of $3.4M into the hands of my two sisters.

My sister's attorney was involved with every document transaction before and after my mother's incapacity. My uncle signed off as trustee. At the bottom of the page was the accepting trustee Tom Wallerich .He was 3000 away from the attorney and had never met or talked to him. The attorney notarizes the document not knowing who signed it.

That is the second of my mother's three trusts my sisters took control of.One was by fraud the other by forgery. three trusts my sisters took control of. The the same attorney eight days later after the removal of my uncle at the direction of my sisters drafted an amendment to the Verla K Regnery living trust removing Mrs.Regnery"s sister Juaine Broadbent as successor trustee. This was at a time when my mother was legally incapacitate as demonstrated by a neurological examination and confirmed by eight family member witnesses, Bill and Juaine Broadbent,Pat and Dick Kiehl, Marcy Clemmons, John Scaletta, Eddie Keith , Fred and Freddie Regnery and two attending neurologists.

Through these fraudulent actions, Mrs Regnery's two daughters became the successor trustees in spite of their mother's wishes. The daughters also took the $1000 per month their mother had written in her trust for Verla's sister, Juaine Broadbent, for the help she had been to Lynn and Gretchen's mother. The Chicago attorney who notarized the forged document drafted the fraudulent 2006 trust from 1000 away.


The change of successor trustees has lasted for three years after my mother's death and the 14 months prior to her death. During the last 14 months of my mother's life during which her daughters fraudulently became successor trustees, at least $1,250,000 was withdrawn from my mother's trust and an additional $450,000 after my mothers death for personal legal fees. From living at her home with a round the clock caregiver my mother could have lived comfortably on $150,000 for the last 14 months of her life. Despite a specific provision in my mother's living trust that after incapacity only money for my mother's health and welfare can be withdrawn from her trust, her daughters took almost $750,00, including a $420,000 forgery. The forgery of $450,000 came from the earlier forgery from of the irrevocable trust.There were five forgeries involved including mine.

It is quite difficult to come up with a figure to settle that is fair and equitable without any accounting.For starters we could go back to my mothers death,subtract taxes and professional fees and see what a three way split would look like.I can document $250,000 of my own personal funds for legal fees.A substantial amount fighting for my mothers life.1/3rd of what my sisters spent was mine.They never asked the court for the right to use trust funds for personal legal fees.I can show many breaches of fiduciary lawsuits that will not allow the trustee tro use trust funds for their defense.

Customer: replied 3 years ago.

This just came in from the Judge

 

MINUTE entry before Honorable Susan E. Cox: Parties appeared for status hearing. Settlement conference held in chambers. Settlement conference set for 12/3/2010 at 1:30 p.m. Parties are to review and to comply with this Court's Standing Order Setting Settlement Conference which is available through the Court's web page. Plaintiffs' counsel to submit a written itemization of damages and settlement demand to defendants' counsel with a brief explanation of why such a settlement is appropriate on or before 11/10/2010. A courtesy copy of this submission must be sent to the Court at the same time. Defendants' counsel shall submit a written offer to plaintiffs' counsel and the Court with a brief explanation of why such a settlement is appropriate on or before 11/17/2010. Plaintiffs' counsel shall deliver or fax copies of these letters to Judge Cox's chambers no later than 11/24/2010 or risk having the settlement conference stricken. The settlement conference date may only be changed by the granting of a motion. Mailed notice(vkd, )

Expert:  Richard - Bizlaw replied 3 years ago.

The minute order provides the opportunity to send in your position on settlement. It should be factual laying out the background of the case, the evidence you have that demonstrates why your mother was incapacitated, that the execution of the amendment was invalid as a result of her incapacity. The fact that the notary could not have been present when the document was signed makes the notarization invalid and in violation of notarial requirements.

 

That is the approach you take in terms of laying out your case. You then show the damages you have suffered as a result of these violations, including excess payments during the last phases of your mother's life. Then you go into your settlement proposal. Show what you get versus what you think the proof would entitle you to. This shows what you are prepared to walk away from.

 

If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 3 years ago.

Sir,

There is another issue here.From 1989 to date I have never seen an accounting.They have a 13 year release from my mother but I am told it is not valid for many reasons.The trust and trustee act says the have to provide the final accounting from the last and any not provided.You have three years to sue. In 18 years how much is unaccounted for.If the Judge follows this my sisters would lose everything

 


"the punctilio of an honor the most sensitive", as Judge Cardozo wrote and which is quoted all across the country in every court. As such, they can't personally take advantage of any situation whatsoever. Too, they have to account for each and every penny - they are to have kept complete and accurate records of everything they have done - it wouldn't matter that the bank no longer keeps the records - they are to have the records themselves If they don't have the records - the presumption arises against them and they have to reimburse the trust themselves

Expert:  Richard - Bizlaw replied 3 years ago.

You are correct. While the validity of the release is one thing, you are entitled to see all the accountings including the last accounting. I do not know that they are responsible for all 18 years but certainly for the period they operated as trustees. If they cannot account for funds then the presumption is against them.

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Customer: replied 3 years ago.
Sir,
This is the sixth I have written.I took your two paragraphs and tried to use them as a guide

From bizlaw

Friday, November 12, 2010 8:39 PM EST

The minute order provides the opportunity to send in your position on settlement. It should be factual laying out the background of the case, the evidence you have that demonstrates why your mother was incapacitated, that the execution of the amendment was invalid as a result of her incapacity. The fact that the notary could not have been present when the document was signed makes the notarization invalid and in violation of notaries requirements.

That is the approach you take in terms of laying out your case. You then show the damages you have suffered as a result of these violations, including excess payments during the last phases of your mother's life. Then you go into your settlement proposal. Show what you get versus what you think the proof would entitle you to. This shows what you are prepared to walk away from.

My father passed away in 1980.Other than some money he left my mother there was 803 shares 12% of a family business that had been and was in serious financial condition. I had started working there maybe six months prior to his death. My cousin was made president and bad became worse $12.)M in debt. It became so bad he forced me for contesting what he was doing. A few months later he called a shareholders’ meeting for the purpose of selling or liquidating the company. My uncle sided with me and asked the cousin to leave which he did base on me purchasing 635 shares of stock at his cost of $500.00 per share. This meant as a family we owned more than 1500 shares at a value of approximately $700,000.I became very lucky picking some good people, purchasing a few companies and instilling confidence and moral in the employees. As the five year voting trust was about to expire my uncle told me everyone wanted to sell so I should try to [purchase the company for $4500 per share. Nine months later I was at $7500 per share without competition. Suddenly someone walked in matched my price and my family sold the business to them.

Our $1400 shares at $700,000 became $11.0M five years later. A lawsuit against my cousins that I innovated turned into $1.0M several years later. From the proceeds of my 635 shares I purchased a $3.0M life insurance policy and made my sisters equal benificiaries.The stock and now the proceeds were put in my mother’s living trust at the suggestion of my mother’s attorney as I was maybe entering into an uncertain time with my marriage. In 1981 my sisters embraced the purchase by me and the loan from my mother for $3.00M.If the loan had not been paid off at the time of my mother’s death I was obligated to take it from my inheritance.Unfortuatly, $11.0M, the life insurance policy and lawsuit would net our family $15.0M my sisters swore they never agreed with the loan from my mother. My mother was able to pay me 15% but that was it. When they found out they took $300,000.For the next 18 years the debt from my mother haunted everyone. My mother was controlled and scared to death of my sisters and would do nothing without their consent. Three times she tried to make a partial payment to me and three times it failed. My sisters controlled the money as they controlled my mother.

In the late 90’sy sisters bonded with pour new lawyer and until my mother’s death they worked together and stole or misdirected a great deal of money. Twice when my mother was finalizing her debt with my he warned my sisters and that ended that.


There was the diversion of $500,000 from my mother’s trust to each of them by making my mother think there was no value to the lawsuit. What the forgot to tell my mother is the appellate court had already ruled on what my mother would be getting...In 2000 when the market crashed my sisters refused to sell my mother’s stock until the market bottomed out with a $700,000 loss. Later that year they took my father’s 1955 trust and reduced the number of trustees from three to two. No court order no one knew except the broker and them. In 1997 there was $6.5M in assets. $5.0M earning at least 5% or $250,000 per year. More than enough for my mother, insurance, taxes and gifting however at her death 10 years later there was only $2.5M

Throughout the years I knew my sisters had no idea about managing money or investing it but I never had a thought they would be stealing money. My mother’s stroke brought many things to light. My sisters went way over the edge with what they did and proved to me I was wrong for all of those years. No one would remove their uncle by deceit as trustee, forge a signature have an attorney and falsify a notary seal. This was a policy my sisters were to get 2/3rds of upon my mother’s death. Eight days later with their mother legally incapacitated as determined by neurologists, my sister and nine relatives my sisters using the same attorney drafted a new trust with them replacing my aunt as successor trustees and had my mother sign it.$420,000 a few months later was taken from the insurance trust by forgery.

From 5/28/2007 until her death 0n 11/2/2007 my mother underwent the worst kind of abuse imaginable from her daughter. No one including me could help her.

Probably $80,000 in trust funds were spent on an attorney in Mill Valley who helped my sister end my mother’s life. From 11/2/2007 until today my sisters have been spending my mother’s trusts funds to protect themselves from 20 years of destruction, misappropriation of our family’s money and the death of their own mother.

There is not a penalty severe enough to punish them for what they did. Their punishment should be the only thing that means anything to them and the worship. Their family’s money.


Damages known

Sisters attorneys $425,000 my share $150,000

Marin County attorneys for my mother $80,000

Last 14 months of mothers life at least $300,000 over spent vs. her at home $100,000 credit cards alone children had $70,000

Joanna stock 635 shares $3.4M


1989 Lynn and Gretchen became trustees until mother’s death $4.5M in principal conservable $4.5M Impossible to reconcile without an accounting but I have gone over these numbers many times, my mother’s annual expense, insurance premium,taxes,health and education fund and gifts. I cannot come close to the amount that was withdrawn. $6.5M 1977 hard number $2.7 at my mother’s death. $5.0M earned at least$250,000 per year which should have covered all expenses.

Here is what my sisters knew since 1989.My mother was the grantor and they were the trustees. I was a contingent beneficiary without a voice and could not sue. If my sisters completely controlled my mother they controlled all of the money and if they could get away without accounting they could steal as much money as they wanted to.


Concealment is a serious issue when someone is supposed to communicate with you and keep no secrets. Control and concealment drove my sisters. They would tear me down with my mother every chance they had especially when I was in China. Sometimes my mother would forget where the money came from and what she owed to me.


The real damage started in 1998 when Dan Leticia was hired by me. Shortly thereafter he would form a strong bond with my sisters but pretend he was still my mother’s attorney.


I will mix in the concealment and what the partnership was able to do. A 1999 settlement with my mother for my 635 shares of Joanna shares and a $1.5M settlement were aborted by Leticia working in concert with my mother.

2000 working again with Leticia’s advise my father’s three person trust became a two person trust and before it was discovered $1.8M was withdrawn. Very interesting. My father’s trust used to make direct distribution to the end user. After removing me every withdrawal went into my mother’s living trust. I did not receive a statement from my mother’s living trust. This was concealed until after my mother’s death. This was pleading as fraud but it is at least breach of fiduciary duty.

2001-2001 Three revisions of my mother’s living trust putting my sisters on the sideline again my mother was mislead without knowing


2003 A letter to my mother from my attorney after my mother and I agreed for $2.0M settlement for the stock while I was in China lead to this.2003 net trust, no contest clause and forgiveness clause added,$150,000 withdrawn for litigation expense and a $6.0M blanket release. All were done with Leticia in concert with my sisters. I was a trustee and was not notified or asked for my consent. All documents, trust, releases were concealed until after my mothers death. Concealment from a beneficiary is a breach of fiduciary duty

2006 Mother becomes incapacitated after a neglectful 6000 plane ride while suffering with edema and has a stroke.


Working with their partner Leticia a $3.4M irrevocable trust was taken from my mother and her brother by forgery and an attorney knowingly notarizing a forged signature


My damages I believe after a full accounting not including what I previously wrote I believe would be $1.0M or more from misappropriation, waste, investments and theft.


The trust agreement clearly states a spouse can not be a trustee.Wallerich was married to my sister. The trust clearly states the incoming trustee must notify the beneficiaries in writing of the trustee change. This never happened and was concealed until my mother’s death


Working with their partner Leticia again a 2006 trust amendment removing my mother’s sister as successor trustee and putting my sisters in her place. Foolishly through greed my sisters removed the $1000 per month my mother wrote in her trust for her sister for the balance of her life. Anyone in our extended family knows my mother would never have done that. The 2006 trust was concealed from me until after my mother’s death.


11/18/2006 four days after the 2006 trust was signed. My mother was having severe mental problems and my sister took her to Mars memory assessment one of the foremost clinics dealing with Dementia and Alzheimer’s. My sisters input were very telling in it and would immediately make the 2006 trust null and void. The neurologists assessment of my mother determined she was not oriented to p[lace or time and her cognitive skills were severely Impared.Any testing they tried to give my mother could not be completed. This evaluation was not only concealed from me until after death but also all health care providers. The neurologists prescribed two medications for my mother’s Dementia. My sisters decided not to give them to my mother as I am sure they did not want my mother’s memory to improve.


Before leaving for California Lynn was heard saying it is time to put a pillow over her face and to her son she must die before Bush leaves office.

Just after my mother’s death she offered Eddie Keith her husband $100,000 to kill me she also repeated this to her psychiatrist. Eddie reported it to his attorney and a friend who worked with the District Attorney

My settlement

$830,000

consisting of my 1/3rd still in the trust,$500,000,returning my share of personal legal fees $150,000, 1/3rd of the expenditures made during my mother’s 14 months of incapacity excessive,$100,000, refund of legal fees while in Marin county $80,000.I believe based on what my sisters have done and the money they took or wasted this is more than fair.Furthermore it is my money anyhow. A $3.4M debt is still owed.

Next step if offer is rejected

The incapacity and the 2006 trust has so much evidence to prove my mother’s incapacity at the time she was forced to sign the document.Juaine and Bill Broadbent,Dick and Pat Kiehl,Marcy Clemmons,John Scarlett, Fred and Freddy Regnery and Eddie Keith for four months in addition to the neurologists and their testing. The only two people were the ones who benefited from the change. This was 100% in favor of the two trustees and to the compete detriment of the beneficiary. If you follow the trust amendments my sisters authored everyone is in their best interest and to the detriment of the beneficiary. Every trust law written they have broken. You as a trustee cannot place yourself above the best interests of the beneficiaries.

There is an unknown trust attorney who has tried to convince everyone that the fraud that took place in the creation of the 2006 trust is a day late and a dollar short. He is using a probate 1975 code which states you have six months to file a trust contest after the letters of office are authorized. The problem is the offense has nothing to do with a trust contest.

The 2006 trust will be void. The evidence and witnesses are overwhelming as well as the content of the changes. From my legal advice fraud was committed maybe more that once. Do you think when you know the grantor is incapacities you can amend her trust in her favor. Do you think from 1000 miles away even though he is your partner an attorney could draft a new trust if he were told the grantor was incapacitated.

I will demand a full accounting from the beginning of the trust document formation

My current complaint will be amended to include concealment and several other charges.

Last I spent many months of my life watching and thinking of what both of you did to your mother with the help of Peter Flaxman, XXXXX XXXXX, Doctor Davidson, Doctor Freedman and Judge Adams. I have spent hundreds of hours researching collecting evidence and getting medical advice. I have two cardiologists that would testify that mother died from intentional unjustifiable death. Even you dentist could tell you what happens when you substitute opiates for heart medication. I have found probably the best elder abuse attorney in Chicago. He has spent over one month wading through the documents. I plan on filing this in DuPage County against both of you and they have jurisdiction over both of you and there is no statute of limitations that applies.

Expert:  Richard - Bizlaw replied 3 years ago.
I will get back to you on this tomorrow as I am leaving for the day
Customer: replied 3 years ago.

Sir,

I have been working on this since you sent me your last email.I think I may be getting close

 

 

From bizlaw

Friday, November 12, 2010 8:39 PM EST

The minute order provides the opportunity to send in your position on settlement. It should be factual laying out the background of the case, the evidence you have that demonstrates why your mother was incapacitated, that the execution of the amendment was invalid as a result of her incapacity. The fact that the notary could not have been present when the document was signed makes the notarization invalid and in violation of notaries requirements.

 

That is the approach you take in terms of laying out your case. You then show the damages you have suffered as a result of these violations, including excess payments during the last phases of your mother's life. Then you go into your settlement proposal. Show what you get versus what you think the proof would entitle you to. This shows what you are prepared to walk away from.

 

My father passed away in 1980.Other than some money he left my mother there was 803 shares 12% of a family business that had been and was in serious financial condition. I had started working there maybe six months prior to his death. My cousin was made president and bad became worse $12.M in debt. It became so bad he forced me out of the compan. A few months later he called a shareholders' meeting for the purpose of selling or liquidating the company. My uncle sided with me and we asked the cousin to resign which he did based on me purchasing 635 shares of stock from him at his cost of $500.00 per share. This meant as a family we owned more than 1500 shares at a value of approximately $700,000.I became very lucky choosing some good people,reducing our work force by 250 people, purchasing a few companies and instilling confidence and moral in the employees once again. As the five year voting trust was about to expire my uncle told me everyone wanted to sell so I should try to purchase the company for $4500 per share. Nine months later I was at $7500 per share without competition. Suddenly someone walked in matched my price and my family sold the business to them.

 

Our 1400 shares at $700,000 became $11.0M five years later. A lawsuit against my cousins that I innitiated turned into $1.0M several years later. From the proceeds of my 635 shares I purchased a $3.0M life insurance policy and made my sisters equal benificiaries.The stock and now the proceeds were put in my mother's living trust at the suggestion of my mother's attorney as I was maybe entering into an uncertain time with my marriage. In 1981 my sisters embraced the purchase by me and the loan from my mother for $300M.If the loan had not been paid off at the time of my mother's death I was obligated to have it taken from my inheritance.Unfortuatly, $11.0M, the life insurance policy and lawsuit would net our family $15.0M and my sisters swore they never agreed with the loan from my mother. My mother was able to pay me 15% but that was it. When they found out they took $300,000.For the next 18 years the debt from my mother haunted everyone. My mother was controlled and scared to death of my sisters and would do nothing without their consent. Three times she tried to make a partial payment to me and three times it failed. My sisters controlled the money as they controlled my mother.

In the late 90'sy sisters bonded with our new lawyer and until my mother's death they worked together and stole or misdirected a great deal of money. Twice when my mother was finalizing her debt with me he warned my sisters and that ended that.

There was the diversion of $500,000 from my mother's trust to each of my sisters by making my mother think there was no value to the lawsuit. What they forgot to tell my mother is the appellate court had already ruled on what my mother would be getting...In 2000 when the market crashed my sisters refused several times to sell my mother's stock until the market bottomed out with a $700,000 loss.Six years later I found out my sisters sold their personal stock as I did before the crash. Later that year they took my father's 1955 trust and reduced the number of trustees from three to two. No court order no one knew except the broker and my sisters. In 1997 there was $6.5M in assets. $5.0M earning at least 5% or $250,000 per year. More than enough for my mother, insurance, taxes and gifting however at her death 10 years later there was only $2.5M

 

Throughout the years I knew my sisters had no idea on how to manage money or investing it but I never had a thought they would be stealing money. My mother's stroke brought many things to light. My sisters went way over the edge with what they did and proved to me I was wrong for all of those years. No one would remove their uncle by deceit as trustee, forge a signature have an attorney and falsify a notary seal. This was a policy my sisters were to get 2/3rds of upon my mother's death. Eight days later with their mother legally incapacitated as determined by neurologists, my sister and nine relatives my sisters using the same attorney drafted a new trust with them replacing my aunt as successor trustees and had my mother sign it.$420,000 a few months later was taken from the insurance trust by forgery.

From 5/28/2007 until her death 0n 11/2/2007 my mother underwent the worst kind of abuse imaginable from her daughters. No one including me could help her.

Probably $80,000 in trust funds were spent on an attorney in Mill Valley who helped my sister end my mother's life. From 11/2/2007 until today my sisters have been spending my mother's trusts funds to protect themselves from 20 years of destruction, misappropriation of our family's money and the death of their own mother.

There is not a penalty severe enough to punish them for what they did. Their punishment should be the only thing that means anything to them and the worship. Their family's money.

Damages known

 

Sisters attorneys $425,000 my share $150,000

Marin County attorneys for my mother $80,000

Last 14 months of mothers life at least $300,000 over spent vs. her at home $100,000 use of my mothers credit cards alone by their children $70,000

Joanna stock 635 shares $3.4M

My Attorneys

 

Marin County,

 

Wayne McIntosh $10,000 100% Marin County legal expense was related to my mother's abuse and death

Godfrey Tenser $15,000

Steve Peck $10,000

Peter Haley $5,000

Jim Rush $10,000

Rob Jacobs $10,000

Joe Reich $7500

 

Illinois

100% of legal expense was related to fraudulent trust and trustees. If not for that my aunt becomes the successor asks for an accounting and distributes the trust after taxes and legal expenses.

 

Paul Chawla $7500 ($30,000 pending)

Larry Stein $20,000

Steve Ruffalo $25,000 ($70,000 pending)

Gene Murphy $70,000

XXXXX XXXXX $40,000

Scott Marsik $20,000

Misc. $5000

$248,250 ($100,000 pending)

 

 

1989 Lynn and Gretchen became trustees until mother's death $4.5M in principal depleated since and at least $5.0M in interest.There is not another human alive that knows where that money went besides my sisters.This is impossible to reconcile without an accounting but I have gone over these numbers many times, my mother's annual expense, insurance premium,taxes,health and education fund and gifts. I cannot come close to the amount that was withdrawn.In 1997 there was $6.5M hard number $2.7 at my mother's death. $5.0M earned at least $250,000 per year which should have covered all expenses.

Here is what my sisters knew since 1989.My mother was the grantor and they were the trustees. I was a contingent beneficiary without a voice and could not sue. If my sisters completely controlled my mother they controlled all of the money and if they could get away without accounting they could steal as much money as they wanted to.

Concealment is a serious issue when someone is supposed to communicate with you and keep no secrets. Control and concealment drove my sisters. They would tear me down with my mother every chance they had especially when I was in China. Sometimes my mother would forget where the money came from and what she owed to me.

The real damage started in 1998 when Dan Leticia was hired by me. Shortly thereafter he would form a strong bond with my sisters but pretend he was still my mother's attorney.

I will mix in the concealment and what the partnership was able to do. A 1999 settlement with my mother for my 635 shares of Joanna shares and a $1.5M settlement were aborted by Leticia working in concert with my mother.

2000 working again with Leticia's advise my father's three person trust became a two person trust and before it was discovered $1.8M was withdrawn. Very interesting. My father's trust used to make direct distribution to the end user. After removing me every withdrawal went into my mother's living trust. I did not receive a statement from my mother's living trust. This was concealed until after my mother's death. This was pleading as fraud but it is at least breach of fiduciary duty.

2001-2001 Three revisions of my mother's living trust putting my sisters on the sideline again my mother was mislead without knowing

2003 A letter to my mother from my attorney after my mother and I agreed for $2.0M settlement for the stock while I was in China lead to this.2003 net trust, no contest clause and forgiveness clause added,$150,000 withdrawn for litigation expense and a $6.0M blanket release. All were done with Leticia in concert with my sisters. I was a trustee and was not notified or asked for my consent. All documents, trust, releases were concealed until after my mothers death. Concealment from a beneficiary is a breach of fiduciary duty

2006 Mother becomes incapacitated after a neglectful 6000 plane ride while suffering with edema and has a stroke.

Working with their partner Leticia a $3.4M irrevocable trust was taken from my mother and her brother by forgery and an attorney knowingly notarizing a forged signature

My damages I believe after a full accounting not including what I previously wrote I believe would be $1.0M or more from misappropriation, waste, investments and theft.

The trust agreement clearly states a spouse can not be a trustee.Wallerich was married to my sister. The trust clearly states the incoming trustee must notify the beneficiaries in writing of the trustee change. This never happened and was concealed until my mother's death

Working with their partner Leticia again a 2006 trust amendment removing my mother's sister as successor trustee and putting my sisters in her place. Foolishly through greed my sisters removed the $1000 per month my mother wrote in her trust for her sister for the

balance of her life. Anyone in our extended family knows my mother would never have done that. The 2006 trust was concealed from me until after my mother's death.

11/18/2006 four days after the 2006 trust was signed. My mother was having severe mental problems and my sister took her to Mars memory assessment one of the foremost clinics dealing with Dementia and Alzheimer's. My sisters input were very telling in it and would immediately make the 2006 trust null and void. The neurologists assessment of my mother determined she was not oriented to p[lace or time and her cognitive skills were severely

Impared.Any testing they tried to give my mother could not be completed. This evaluation was not only concealed from me until after death but also all health care providers. The neurologists prescribed two medications for my mother's Dementia. My sisters decided not to give them to my mother as I am sure they did not want my mother's memory to improve.

Before leaving for California Lynn was heard saying it is time to put a pillow over her face and to her son she must die before Bush leaves office.

Just after my mother's death she offered Eddie Keith her husband $100,000 to kill me she also repeated this to her psychiatrist. Eddie reported it to his attorney and a friend who worked with the District Attorney

 

My settlement

$990,000

consisting of my 1/3rd still in the trust,$500,000,returning my share of the $425,000 spent on personal legal fees legal $150,000, 1/3rd of the expenditures made during my mother's 14 months of incapacity excess amount spent 1/3rd,$100,000, refund of legal fees while in Marin county $80,000, .$160,000 legal fees spent in the trust case.I believe based on what my sisters have done and the money they taken or wasted this is more than fair.Furthermore it is my money anyhow. A $3.4M debt is still owed to me.

If my sister allows my mother to go home with me from California and does not remove her heart medications and replace them with opiates there is nothing spent in Marin County.

Lets forget about everything else but this.We have been told since we were children that mother wanted to be at home at the end of her life.We all committed to that.From her stroke in September 2007 until her death on 11/2/2007 all motyther wanted was to go home.She wanted that more than her heart medications.Everyone she saw,all of her family even strangers she asked pleaded to take her home.For you and Lynn to have deprived mother of such a simple request you should be disowned because of you motives.In my estimation since dad died each of you from mother or I each of you have received $3.5Mand for that look at how you ended your mothers life.88,dementia heart problems who in the world would ever suspect you.If mother was dying on 6/1/2007 when I stepped off the plane I would have known it.She was full of life inspite of the drugs.A cardiologist said it is very close to a miracle to keep alive for six months after heart medications are removed.I guess that is a testimony to mothers will to live but she could only hold out so long

My legsal fees without you fraudulent 2006 trust are nothing.Juaine as successor trustee takes care of what needs taken care of.

Next step if offer is rejected

The incapacity and the 2006 trust has so much evidence to prove my mother's incapacity at the time she was forced to sign the document.Juaine and Bill Broadbent,Dick and Pat Kiehl,Marcy Clemmons,John Scarlett, Fred and Freddy Regnery and Eddie Keith for four months in addition to the neurologists and their testing. The only two people were the ones who benefited from the change. This was 100% in favor of the two trustees and to the compete detriment of the beneficiary. If you follow the trust amendments my sisters authored everyone is in their best interest and to the detriment of the beneficiary. Every trust law written they have broken. You as a trustee cannot place yourself above the best interests of the beneficiaries.

This was my mother's condition on 11/22/2006 This is Mars a neurological center with Lynn's input four days after the trust was signed. My mother was not oriented to time or place, did not know she was living in America.

 

Simple questions unable to answer

What is year no answer

date and day no answer

what country are we in no answer

where are you now what road is this office on subtract 7 from 100 continue subtracting 7 no answer

repeat no if ands or buts no answer no response

copy this design no response

These were some simple answers my mother gave that day to simple questions

What is year no answer

date and day no answer

what country are we in no answer

where are you now what road is this office on no answer

Subtract 7 from 100 continue subtracting 7 no answer

repeat no if ands or buts no answer no response

copy this design no response

 

2006

Lynn

Lynn, cognitive abilities deteriorating noticeably June of 2006, Paronia and agitation at assisted living

Lynn, anxiety and depression for past three years, worsening condition in last year

Lynn, Considerable frustration second to cognitive abilities which exacerbates psychiatric symptoms

Lynn, 11/22/2006

Lynn cognitive functioning declining

, Lynn reports decline in information processing speed, concentration, organization, language

Lynn comprehension and increased word finding problems

 

Mars- 11/22/2006

Evaluation by Mars

Faces I, Digit span, spatial subtests, from the Wechsler Memory Scale, Second Edition m(DRS-2) and the Ray- Ostertieth Complex Figure test (ROCF) .Further testing on Mrs. Regnery'ds cognitive function could not be completed secondary to the severity of her cognitive deficits

The severity of Mrs. Regnery's cognitive function precluded completion of the WMS-III and WAIS-III and thus a complete comparison of current and past performance on these measures was not possible

Comparison of Mrs.Regnery's performance across several subtests of the WMS-III measuring facial recognition and working memory indicates significant decline (1 to 2standard deviation) over the last two years.

Two measures of working memory, one auditory one visual, and Mrs.Regnery's current performance ranged from borderline impaired to impaired range respectively.

Performance on the MMSE was notable for temporal and spatial disorientation and deficits in attention,memory,language, comprehension and visual construction.

Overall performance on this measure was significantly impaired and below criterion cut off scores for diagnosis of dementia.

On a more comprehensive measure of global functioning (DRS-2) Mrs. Regnery's performance which has been corrected for age and education level, falls in the severely impaired range

Marin County 6/1/2007 11/2/2007

 

1 .5/3 Doctor Wexman, O.K. come back in four months stays on current meds

2.5/15 Tom Wall rich leaves with another woman files for divorse.Gretchen becomes psychotic (hospice notes and Marin General Hospital, me, my aunt her daughter and my daughter)

3.5/28 with conversations in-between with mother is well also talked to Juaine my letter coming home, Lynn and Gretchen plot order of protection (Eddie)

4. spitting out heart medications, withdraw

5. Hospice terminally ill affidavit, continue Haldol since 5/22 Haldol (Pharmacia drug store) Atrophine, Haldol, morphine, valium and chlorohydrate replace the heart medications. She could swallow the new drugs but not the mew ones. You now have an 88 year old heart patient without her heart medications but instead opiates.

No one in my family or my mother's family is notified, mother is sick, heart medications withdrawn; Hospice starts as well as opiates. Not one soul is told.POA does not release Mars report to health care providers. I called three Hospices they have never run across a case where someone has a family but they were never notified.

6. I arrive mother is comatose later to be found from Haldol

7.6/6 blood pressure 256/56 Gretchen still fighting and threatening, she will not agree to hospital. I call 911.All these caregivers, Hospital G/.P and Gretchen but no one seems to care with my mother's blood pressure she could have a fatal stroke

8. Hospital washes out with 125cc per hour saline wash Haldol. My mother wakes up, medications to start in the morning after passing swallow test. She passes swallow test but no medications no one will say why. Six months later I find out why Gretchen refused to treat my mother

9.My mother was to go to a nursing home but Gretchen makes her come back to her house to live in a sewing room without a phone in a house 1`00 steps up from the street.

10.Planned order of protection taken out

11.I call APS with full report. After their investigations they say my mother is in good hands. They fail to talk to a Cardiologist about the heart medications or investigate the $420,000 withdrawn by forgery.88% of APS calls are regarding money and this agent could not even dial the number I gave her of Computershare.

12.Conservator hearing. My attorney completely lies down just pleadings.Mr Flaxman announces my Uncle Alvin Kiehl ex-trustee of my mother's irrevocable trust, has checked with the best accounting firms in the U.S. and then decided to distribute the $420,000.This was June. Alvin resigned the previous November as trustees. He calls out trusts dynasty trusts. Medications for mother. Flaxman says she is taking nothing and if she does my mother will choke to death. Gretchen nods her head. The Judge heard the name Haldol and gets overly concerned as it is an antipsychotic. Gretchen and Flaxman answer at the same second. Haldol was only used for 10 days and my mother had a bad reaction so they stopped.

Mr. Flaxman is quoting from the 6/6 hospital report. He clearly saw my mother passed the swallow test and my mother was taking eight medications while she was there and did not choke to death.

Haldol started on 5/22 and continued to my mother's death (see Hospice notes)

Finally the Judge looks Gretchen in the eye and asked her what medications my mother was on now. Gretchen sheepishly said only Norvasac a heart medication. She a Flaxman knew from 5/30/2007 until the June conservator hearing that my mother was taking five opiates, had no swallowing problems and haldol was never stopped. The $420,000 Flaxman accused my uncle withdrew from Computershare's Flaxman knew it was withdrawn using five forgeries.

13.Restraining order. I knew I was finished before it began.40 year resident small town best lawyer a judge he has never lost to and all my sister has to say is I threatened her and she is afraid of menthe Judge will always error on the safe side. I am passing through she does not feel she is hurting me my sister just does not want me near her house. APS agent without ever meeting me signs an affidavit stating she supports my sister in the restraining order. She admits she never followed up on the $420,000 forgery. The public defender makes it clear she is my mother's attorney just doing what is best for my mother. She interviews my mother at my sisters, her only report to the court is that my mother wants to see her son if he behaves. My mother never saw her son miss behave. If my mother's attorney she would have heard over and over again from my mother, I want to go home, I want my heart medications ,I want my son. This is my mother's attorney? I am restrained

15.One supervised ½ hour visit to my mother and the Mill Valley police don't have the manpower so my attorney asked Flaxman he refuses and we have to go to court. The Judge is upset that something so petty was not worked out.

16.October I want full access to my mother as she is in a nursing home permantly comatose. Flaxman refuses back to court. The Judge supports Flaxman no visits while my mother is dying.

17.I am in Chicago no contact with the nursing home at all. Flaxman makes a motion that the entire nursing home is afraid of me and wants to be protected under my order of protection. The manager and my sister agree so the Judge enters the order. They told the Judge if she did not grant the order my mother would be evicted. My mother was comatose both Flaxman and the Judge should be aware of state and federal nursing home laws and the eviction policy. I think there are only four and my mother did not qualify for one by the Judge still entered the order against me.

18.The autopsy I ordered never ,made it to the coroner .A toxicology test was never taken and the body was cremated so quickly no one could take a second autopsy.

 

19.When my mother thought she was coming home Lynn broke into her house emptied into a van and sold it at a garage sale

20.As My mother's relatives were waiting for the funeral my sisters snuck into town two days earlier and buried my mother. No one knew.

Mr. Flaxman who was paid a great deal of money to make sure I could not get near my mother so she could not go home.

The motive, 18 years no accounting, $3.4M trust forgery, 2006 fraudulent trust, $420,000 forgery and $500,000 withdrawn in the last 14 months of my mother's life.

A trustee cannot hire an attorney, pay them from an incapacitated grantors trust and his sole mission was to keep my mother from coming home.

90 days, mother being abused to death but not one order of protection violation. I hope that says enough about my conduct.

Attachments,

1998 $500,000 trust diversion

2000 $70,000 market loss

William Blair fraud

Alvin resignation

2006 trust

Mars report

Lynn's email to me

Marin 2006-2008

 

 

The Case Incapacity, accounting , spitting out

 

Marin County 6/1/2007 11/2/2007

 

1 .5/3 Doctor Wexman, O.K. come back in four months stays on current meds

2.5/15 Tom Wall rich leaves with another woman files for divorse.Gretchen becomes psychotic (hospice notes and Marin General Hospital, me, my aunt her daughter and my daughter)

3.5/28 with conversations in-between with mother is well also talked to Juaine my letter coming home, Lynn and Gretchen plot order of protection (Eddie)

4. spitting out heart medications, withdraw

5. Hospice terminally ill affidavit, continue Haldol since 5/22 Haldol (Pharmacia drug store) Atrophine, Haldol, morphine, valium and chlorohydrate replace the heart medications. She could swallow the new drugs but not the mew ones. You now have an 88 year old heart patient without her heart medications but instead opiates.

No one in my family or my mother's family is notified, mother is sick, heart medications withdrawn; Hospice starts as well as opiates. Not one soul is told.POA does not release Mars report to health care providers. I called three Hospices they have never run across a case where someone has a family but they were never notified.

6. I arrive mother is comatose later to be found from Haldol

7.6/6 blood pressure 256/56 Gretchen still fighting and threatening, she will not agree to hospital. I call 911.All these caregivers, Hospital G/.P and Gretchen but no one seems to care with my mother's blood pressure she could have a fatal stroke

8. Hospital washes out with 125cc per hour saline wash Haldol. My mother wakes up, medications to start in the morning after passing swallow test. She passes swallow test but no medications no one will say why. Six months later I find out why Gretchen refused to treat my mother

9.My mother was to go to a nursing home but Gretchen makes her come back to her house to live in a sewing room without a phone in a house 1`00 steps up from the street.

10.Planned order of protection taken out

11.I call APS with full report. After their investigations they say my mother is in good hands. They fail to talk to a Cardiologist about the heart medications or investigate the $420,000 withdrawn by forgery.88% of APS calls are regarding money and this agent could not even dial the number I gave her of Computershare.

12.Conservator hearing. My attorney completely lies down just pleadings.Mr Flaxman announces my Uncle Alvin Kiehl ex-trustee of my mother's irrevocable trust, has checked with the best accounting firms in the U.S. and then decided to distribute the $420,000.This was June. Alvin resigned the previous November as trustees. He calls out trusts dynasty trusts. Medications for mother. Flaxman says she is taking nothing and if she does my mother will choke to death. Gretchen nods her head. The Judge heard the name Haldol and gets overly concerned as it is an antipsychotic. Gretchen and Flaxman answer at the same second. Haldol was only used for 10 days and my mother had a bad reaction so they stopped.

Mr. Flaxman is quoting from the 6/6 hospital report. He clearly saw my mother passed the swallow test and my mother was taking eight medications while she was there and did not choke to death.

Haldol started on 5/22 and continued to my mother's death (see Hospice notes)

Finally the Judge looks Gretchen in the eye and asked her what medications my mother was on now. Gretchen sheepishly said only Norvasac a heart medication. She a Flaxman knew from 5/30/2007 until the June conservator hearing that my mother was taking five opiates, had no swallowing problems and haldol was never stopped. The $420,000 Flaxman accused my uncle withdrew from Computershare's Flaxman knew it was withdrawn using five forgeries.

13.Restraining order. I knew I was finished before it began.40 year resident small town best lawyer a judge he has never lost to and all my sister has to say is I threatened her and she is afraid of me. The Judge wills always error on the safe side. I am passing through she does not feel she is hurting me my sister just does not want me near her house. APS agent without ever meeting me signs an affidavit stating she supports my sister in the restraining order. She admits she never followed up on the $420,000 forgery. The public defender makes it clear she is my mother's attorney just doing what is best for my mother. She interviews my mother at my sisters, her only report to the court is that my mother wants to see her son if he behaves. My mother never saw her son miss behave. If my mother's attorney she would have heard over and over again from my mother, I want to go home, I want my heart medications ,I want my son. This is my mother's attorney? I am restrained

15.One supervised ½ hour visit to my mother and the Mill Valley police don't have the manpower so my attorney asked Flaxman he refuses and we have to go to court. The Judge is upset that something so petty was not worked out.

16.October I want full access to my mother as she is in a nursing home permantly comatose. Flaxman refuses back to court. The Judge supports Flaxman no visits while my mother is dying.

17.I am in Chicago no contact with the nursing home at all. Flaxman makes a motion that the entire nursing home is afraid of me and wants to be protected under my order of protection. The manager and my sister agree so the Judge enters the order. They told the Judge if she did not grant the order my mother would be evicted. My mother was comatose both Flaxman and the Judge should be aware of state and federal nursing home laws and the eviction policy. I think there are only four and my mother did not qualify for one by the Judge still entered the order against me.

18.The autopsy I ordered never ,made it to the coroner .A toxicology test was never taken and the body was cremated so quickly no one could take a second autopsy.

19.When my mother thought she was coming home Lynn broke into her house emptied into a van and sold it at a garage sale

20.As My mother's relatives were waiting for the funeral my sisters snuck into town two days earlier and buried my mother. No one knew.

Mr. Flaxman who was paid a great deal of money to make sure I could not get near my mother so she could not go home.

The motive, 18 years no accounting, $3.4M trust forgery, 2006 fraudulent trust, $420,000 forgery and $500,000 withdrawn in the last 14 months of my mother's life.

A trustee cannot hire an attorney, pay them from an incapacitated grantors trust and his sole mission was to keep my mother from coming home.

90 days, mother being abused to death but not one order of protection violation. I hope that says enough about my conduct.

 

 

18 years of accounting maybe $13,000,000.Lynn and Gretchen and their advisors seem to think they do not have to account for the 18 years while they were trustees.

1.In Illinois it is public policy to account annually

2.The trust and trustee act says it all. No one can sign your rights away

 

(b) Every trustee shall on termination of the trust furnish to the beneficiaries then entitled to distribution of the trust estate a final account for the period from the date of the last current account to the date of distribution showing the inventory of the trust estate, the receipts, disbursements and distributions and shall make available to such beneficiaries copies of prior accounts not theretofore furnished. Such final accounting shall be binding on the beneficiaries receiving the same and all persons claiming by or through them, unless an action against the trustee is instituted by the beneficiary or person claiming by or through him or her within 3 years from the date the final account is furnished.

As you can see the beneficiaries are allowed to go back to the origin of the trust if accountings were not preformed.

Now let's talk about the fraudulent conspiracy between my sisters and their attorney. My sisters get Sidley Austin to draft two releases even though I am trustee of one of the trusts. The drafts go to my sisters attorney he calls in my mother who thinks he is her attorney. My mother brought her sister. The attorney did not suggest to my mother to bring in her own attorney. Did not explain the $6.5M blanket release and on the way out said to her sister it looks like I had another good day.

The attorneys did not realize there are laws that govern valid releases. One in particular to this one is someone cannot be released for a duty that legally they must perform ?accounting???Todd Schaeffer is a renounced Chicago attorney. I will show you his article on releases. Each has case law to support it.

 

Complete disclosure of all relevant facts to the beneficiaries.

 

 

Lets for a joke say the release is valid.

 

Where are 2003,2004,2005,2006,2007,2008,2009

 

When mother was forced to sign a document she did not understand it said in the future she would rely on monthly statements from the broker. Lynn and Gretchen were so intent in concealing their activities Lynn called William Blair and instructed them to send my mother's statement to Lynn. Where are the seven years of accounting not in question

 

 

18 years of accounting maybe $130M.Lynn and Gretchen and their advisors seem to think they do not have to account for the 18 years while they were trustees.

1.In Illinois it is public policy to account annually

2.The trust and trustee act says it all. No one can sign your rights away

 

Todd Schaeffer pre requisite for a valid release. I left the case law out.

 

III. RELEASES. In addition to requesting a receipt for property, a fiduciary may also be

Inclined to request a release from the beneficiary.

A. What is a release? A release is defined as "A written discharge, acquaintance,

Or receipt; specif., a writing -- either under seal or supported by sufficient consideration -- stating

That one or more of the [releaser's] contractual or compensatory rights are discharged (Jones

Signed the release before accepting the cash from Hawkins). Beneficiaries of an estate are

Routinely required to sign a release discharging the estate from further liability before the

Executor or administrator distributes the property."34 A release is also defined as "the

Relinquishment of a right or claim to the person against whom it may be exercised or enforced,

Expressed or implied, by agreement or act of the parties by way of an instrument of release or a

Covenant not to sue."35 Thus, we can summarize that an effective release surrenders legal rights

4

Or obligations, extinguishes claims or courses of action, and represents an absolute bar to any

Right of action on released matters.

 

B. Effectiveness of a Release. In order to be effective, a release must arise as a

Result of a meeting of minds of the parties.36 in addition, the party signing a release must do so

With full knowledge of what he or she is signing, and with the intention to discharge the other

Party from liability.37 Even if the releasing party failed to read the release, it will be enforceable,

Provided that the releasing party knew the contents of the release, was competent when it was

Signed, acted without compulsion and was not fraudulently induced to sign the release.38

According to the Illinois Supreme Court, no special form of words is necessary to constitute a

Valid release, provided the instrument distinctly declares the beneficiary's intention to release the

fiduciary.39 "If the instrument necessarily has such effect it will operate as a release even though

the purpose is not expressly declared."40

C. Fiduciary Obligations. A release that is signed by a beneficiary at the

request of a fiduciary must be evaluated in the context of the fiduciary relationship.41 Such

agreements, like all transactions arising out of a fiduciary relationship are subject to the closest

scrutiny by the courts.42 According to Professor Bogert, "Not only do the rules applicable to all

releases with respect to form, consideration, and other matters apply here, but in the case of a

release of a fiduciary special requirements are set by the courts."43 Any direct dealing between a

fiduciary and the person whom he represents is viewed with suspicion.44 In order for a release

signed by the beneficiary in favor of a fiduciary to be upheld, the fiduciary has the burden of

proving the fairness of the arrangement.45

D. Grounds for invalidating a release. In order for a release to be valid, the

fiduciary must provide the beneficiary with full disclosure of the facts of the situation.46 In

addition, the fiduciary must apprise the beneficiary of his or her legal rights, or afford the

beneficiary the opportunity to seek legal counsel.47 The release must also be supported by

adequate consideration.48 Finally, the release must be obtained in the absence of fraud or

misrepresentation49 concealment,50 duress or undue influence,51 or by other unfairness.52 A

release is not binding on the releasing party if he or she did not agree to the terms of the release

after thoughtful consideration.53 A long line of cases has also held that a release is not effective

if the releasing party suffered from a mental54 or physical impairment.55

(1) Fraud. As indicated above, a release can be invalidated if it was

procured through fraud,56 including fraud in the execution,57 or fraud in the inducement.58 In

order to set aside a release on the basis of fraud, the releasing party must prove that the party

requesting the release made a false representation and that such representation was made without

the knowledge of its falsity on the part of the party making it, or was recklessly uttered without

regard to, or knowledge of, the truth, or would, by the exercise of ordinary diligence, have been

known to be false.59 In addition, the it must also be shown that the releasing party suffered

damage or injury as a result of the fraud or false representations.60

"Fraud in the execution" occurs when a person is induced to sign a release

under the mistaken belief that it is a different document.61 "Fraud in the inducement" transpires

when a person knows that he or she is executing a release, but is induced to do so by false

 

5

 

 

 

representations by the other party as to matters other than character of instrument.62 In order to

invalidate a release on the basis of "fraudulent inducement" the releasing party needs to establish

by clear and convincing evidence that (i) the other party made a false statement of a material fact

which was known or believed to be false by the person who made the statement; (ii) that the

statement was made with the intent to induce the other party to act; (iii) that the other party acted

in reliance on the truth of the statement; and (iv) that the other party was damaged as a result of

the reliance.63 In addition, the omission or concealment of a material fact also amounts to a

fraudulent misrepresentation if the person has the opportunity and duty to disclose the material

fact.64 However, if the releasing party has independent knowledge that a fact has been

misrepresented, the releasing party cannot rely on that representation.65

 

The Illinois case of Obermaier v. Obermaier,66 provides a good example

of a release obtained through fraudulent inducement. In that case, a dispute arose between two

brothers who were equal owners of the stock of the family corporation, although a small number

of shares was held by one of the brothers as trustee for other's benefit. Under their stock purchase

agreement, one of the brothers sold his shares and the other brother, as trustee for the first

brother sold the trust shares to the corporation. Shortly thereafter, the brother who served as

trustee sold the entire corporation to a third party for a substantially increased amount. He had

concealed the fact that he had been negotiating with prospective purchasers to arrange a better

deal for himself than for his brother. The trustee had represented that he would not look for

another buyer for about one year after execution of the stock purchase agreement and

disregarded the requests of other brother's attorney for information on prospective purchasers.

Because the trustee's fraudulent conduct misled his brother into selling his shares to the

corporation, the court held that the release in which the brother exonerated the trustee from all

claims arising out of a future sale was void, and awarded the brother one-half of the additional

consideration that the trustee received from the third party, in addition to punitive damages.67

 

(2) Duress. A release may also be avoided if it was obtained under

duress.68 Under Illinois law, in order to set aside a release on this basis, the releasing party must

prove that the duress left him or her devoid of the quality of mind essential to enter into an

enforceable contract.69 In other words, duress is a condition that forces a party to act against his

or her own free will. Duress is not present if the releasing party had an option or free choice in

the matter.70 Action or threats alone do not constitute duress unless they are wrongful.71 This

rule, however, is not limited to criminal, tortious, or contractual violations, but extends to acts

that are wrongful in a moral sense.72

(3) Mutual Mistake. A release can also be set aside if it arose out of a

mutual mistake of fact by the parties.73 A mistake in law, such as having received erroneous

advice from an attorney, is not a sufficient ground for invalidating a release.74 Although a

unilateral mistake has been held to be sufficient to set aside a release,75 the general rule is that a

unilateral or self-induced mistake is not a valid ground to invalidate a clear and unambiguous

release.76 A mistake will not be considered self-induced if the releasing party acted reasonably

under all the circumstances of the case.77 In order to set aside a clear and unambiguous release,

the parties must have made a mutual mistake that was material to the transaction and affected its

substance.78 Courts do not necessarily give full effect to the broad all-inclusive language of

6

 

 

 

releases,79 and all the facts including those which become known after the release has been

signed must be considered.80

 

(4) Lack of Valuable Consideration. Generally, a release must be

supported by a valuable consideration,81 and a release can be invalidated by a court of equity on

the basis of lack of consideration alone without any showing of duress, undue influence or

fraud.82 Many fiduciaries will routinely request a release from a beneficiary as a matter of

course. However, Illinois courts have held that an agreement to do that which one is already

under existing legal obligation to do does not constitute adequate consideration for release of

obligation.83 Furthermore, a partial payment to a beneficiary does qualify as a valid consideration

for a release.84 In other words, a release given without consideration is void and part payment of

an amount indisputably due does not constitute consideration.85

E. Appropriate Situations to Request a Release. In the event the trustee is

accused of a breach of trust, the beneficiaries affected by the alleged breach can provide a release

of liability. In order for the release to be effective, the trustee must either furnish the beneficiary

with substituted benefits,86 provide some other financial arrangement,87 or deliver the trust

property to the beneficiary.88 According to Professor Bogert, "The efficacy of such a release will

be judged by the adequacy of the consideration, the extent of disclosure given by the trustee to

the beneficiary, the competence of the beneficiary, and any other features which affect the

fairness of the transaction."89

F. Over reaching. A fiduciary has a duty of full and fair disclosure in dealing

with the beneficiaries, as a requisite to obtaining a release from them.90 In addition, a fiduciary is

obligated to provide the beneficiaries with "complete and accurate information as to the nature

and amounts of trust property."91 Even if a release were a proper item to request from the

beneficiaries, the release would be incapable of being enforced and would be of no value to the

fiduciary, unless the fiduciary makes a full and complete accounting to the beneficiary. "[T]he

rights of a legatee are not foreclosed by the execution of a receipt for a distributive share of the

estate, combined with a release, where the executor withheld from the legatee vital information

on the management and disposal of the estate assets."92 Accordingly, fiduciaries and their

counsel should proceed with caution and only request releases in proper situations after full and

 

Damages,

 

18 years of no accounting and mis management of trusts.Maybe $13.0M What I do know is if an accounting was taken for 18 years the losses and unaccountability would be an enormous figure.My children and I under the Illinois trust and trustee act are entitled to this.This gentleman puts it best.

 

the punctilio of an honor the most sensitive", as Judge Cardozo wrote and which is quoted all across the country in every court. As such, they can't personally take advantage of any situation whatsoever. Too, they have to account for each and every penny - they are to have kept complete and accurate records of everything they have done - it wouldn't matter that the bank no longer keeps the records - they are to have the records themselves If they don't have the records - the presumption arises against them and they have to reimburse the trust themselves

Both of you wanted to be trustees.You made everyones life so miserable we finally gave in.My plan to have a bank's trust department went up in smoke with your control of mother.

You signed a contract and an agreement to carry out the language of the trust.You have failed miserably at every ooint.No withdrawals from mothers trust of any type without her written consent.Show me one in 18 years.When the grantor is incapacitated nothing comes out of the trust except for the grantors health and welfare.Giving you children mothers credit card and running up a bill of $70,000.

Since you became trustees you had two goals amend the trust as often as you can to your betterment and the detriment of the benificiaries.Do not account under any circumstances and do everything humanly possible to keep the beneficiary from getting one. 13 year release, complete concealment.Do you know a trustee and a trustee's attorney have an obligation to notify the benificiaries of any material changes in the trust.The 13 year release was probably $7.0M Do you think that is material.To removing me as a beneficiary without my knowledge or consent it takes away my standing to sue.You forgot my children.Last by fraud take over the successor trustees of mothers trust still no accounting.You are guarding what you spent with your life which makes me even more suspicious.

I believe you have liabilities of at least $1.0M to $2.0M that accounting would expose.

Incapacity.

Again this is difficult to put a number on,my legal fees $250K,1/3 of yours is another $150K, $100,000 which is 1/3 of the money you should not have taken during mothers 14 month incapacitation

1/3 of what is left is $500,000 equals $1.0M

If we do not settle, the entire amount you took for personal legal fees $425,000 I will push as hard as I can for punitive damages as you committed fraud.You knew mother was incapable of understanding anything including talking.For you own self serving interest only,the grantors appointed trustee,her sister, you removed as the legitimate trustees by getting an unethical attorney draft a new trust.The penalty should be magnified as you were the trustees and are supposed to follow the trust by the letter.This trust was for your and only your benefit to attempt to stop any litigation against you for your illegal acts over the prior 20 years.Dosent it say something to you that while this all was happening with the money, forgeries and mothers abuse that both of your husbands divorced you.

At least $300,000 from the excess you took from mother during her incapacity

An elder abuse suit by an elder abuse attorney at least but more probable intention and unjustifiable death of mother.I have the evidence.

18 years of accounting every penny.

 

This small example tells the story of the 90 days before my mother died.All lies and coverup.If as the say my mother was dying they would not need to lie and Gretchen would have notified the family about Hospise.

 

These are a few exerpts from the conservator hearing at the end of June 2007.Mr.Flaxman is my sisters new attorney he still is.Mr.Flaxman is attempting to cover up five forgeries by my sisrter and her $420,000 forery from computershares.The records will show which Mr.Flaxman knew that my uncle resigned seven months earlier.

 

Medications, Gretchen withdrew my mothers heart medications the day after I sent my coming home letter.5/29/2007.My sister allowed my mother to go to Marin General to appease me.My mothers BP was 256/56 upon arrival another day or two art Gretchens and her quick death wish would have come true.

 

Mr.Flaxman shoots himself in the foot again. He had the Marin discharge .He saw my mother passed the swallow test and for the three days she was there swallowed at least 9 medications per day.

"She will asphyxiate on medication." Peter Flaxman 2-3 weeks after my mother left Marin General.Mr Flaxman did not describe how my mother did not asphyxiate on the five opiates my mother was taking daily for the prior month but did not asphyxiate.

The Judge is concerned about haldol. Haldol was prescriber on 5/22 and my mother took it until her death. Gretchen says it stopped in one week.. Flaxman says they stopped heart medications as my mother could not swallow. Then the best the court asked my sister what medications my mother was currently taking .Gretchen one word Norvasc BP medication only because I took her to the hospital.

At the time the Judge asked Gretchen what medications my mother was taking this was the regimine for the prior month, morphine,valium,haldol,chlorohydrate,atropine and she did not spit them out.

In a few sentances and lies that would not be lies if not for their guilt Gretchen and her attorney destroy their credibility and if I want I can drag APS and the public defender in on it.

 

There's an allegation in the petition that

 

11 $400,000 was, quote, stolen. The trustee of that trust,

 

12 Mrs. Regnery's brother, received stock in an insurance

 

13 company when it was demutualized and converted from a

 

14 mutual insurance company to a stock insurance company.

 

15 Investment advisors and accountants including accountants

 

16 in the fourth largest accounting firm gave options and

 

17 recommendations which included the liquidation of the

 

18 stock.

 

Now I have to rebut two things: Mr. MacIntosh 17 had said that they wanted an evaluation. There has been 18 one and the court investigator before the hearing on the 19 permanent will do another one. In the Marin General 20 evaluation -- Oh, I'm sorry. And the other thing he 21 misstated was that Gretchen Regnery withdrew the 22 necessary heart medication. And he says essentially in 23 his pleading that Gretchen is trying to kill her mother 24 and get the money, an outrageous assertion. 25 Gretchen didn't alter the administration of 26 medication. The doctors did. Mrs. Regnery has lost her 16 1 ability to swallow. She will asphyxiate on medication. 2 The only medication she's taking is important or 3 necessary to life maintenance is -- her blood pressure is 4 elevated and she's being medicated with a patch to reduce

 

 

 

 

Customer: replied 3 years ago.

Sir,

I am struggling a little.I think I have laid out the back ground.I could givve more examples of their crimes..So the background is done unless you tell me otherwise.I tried to take the two issues and provide as much as I could on both.

 

You then say settlement and damages which confuses me a little.Damages should I list acts or acts and dollar amount.

 

Then I would think my settlement offer

Then if they do not take irt from my three years of research and council what they could be facing.Please let me know.

Expert:  Richard - Bizlaw replied 3 years ago.

What you have written is very confusing. You start by saying you bought out your cousin's 635 shares for $500 per share. The price paid was 317,500. Five years later all your shares are sold for $7,500 per share or a total of $4,762,500. These are your proceeds. From these proceeds you buy a $3 million life insurance policy and make your sisters the beneficiaries. Your proceeds of the sale of stock and the insurance proceeds go into your mother's living trust. There is no explanation of why or how any of these things is done. Neither is there any explanation of why you loaned your mother $3 million. If your mother owes you $3 million why is that not paid before anything else from the trust? If you owe your mother $3 million why do you have anything coming from the trust?

You claim in the late 90's $500,000 was diverted from your mother. Are you claiming your mother was not competent at that time and did not know what she was doing? If you are claiming she was defrauded, isn't that something her personal representative would pursue and not you as while she was alive she was free to do with what was in the living trust any way she wanted to?

Why did your mother cease being trustee of her own trust in 1989? Was your mother not competent then? Are you claiming the fraud began at that time?

How was the debt with your mother being finalized in 1990? If your sisters were the trustees why were you dealing with your mother and not them?

What did your father's 1955 trust have to do with this. Were you a beneficiary of that trust? Who were the trustees? Who was the third trustee. How were they removed without them complaining? If you were the third trustee, didn't you notice the money leaving the trust and why didn't you take some action then?

In 2000-2001 you say there were three trust revisions that put your sisters on the sideline - who made those revisions? Are you saying she was competent to make the revisions if they were made by your mother? What do you mean when you say they put your sisters on the sidelines?

If your mother was competent and aware of all the things that occurred prior to 2006, how are you going to show any damages since she could have given away all her money and you would have no basis to challenge it?

Customer: replied 3 years ago.

Sir,

I am sorry.That was my sixth draft I just finished eight.If you meet a person who would do away with their own monther what I am about to tell you makes sense.

 

In 1881 when I had to but the 635 shares to get rid of my cousin I was taking out a second mortgage.My mothers lawyeer called fpor a meeting and told me I was not putting it in my name because of my marital problems.No problem, a demand note at 3% and my mother owns the stock for thenSisters have no problem as if the company goes under they are protected as it comes out of my inherritance,Stock sold my mother and I go down townm to an estate attorney and he gave us some terrible advise at the time.He said it would be viewed as a gift $50% tax.$650,000 could be given as a gift tax free.We took the contract and turned it into an IOU.

Suddenlt my mother needs by pass surgery.While I am in the hospital my sisters rifel through her desk, find the $600,000 payment and the IOU.Took both.By the time I brought my mother home from the hiospital they were waitin with a S.F attorney.It wasnt pretty and I wasnt going to see my mother die.I resigned and appointed them knowing a trust department was around the corner.18 years of torment and suffering.When I brought up the loan my mother began to cry.Letizia killed one deal and then in 2003 my mother and I settled on a number $2.0 I messaged what pockets it came from sent it to my attorney.My mother wanted to go and meet him he said no.Off to china my siosters iontercept the document that starts Dear Mrs Regnery as you know,

 

the 2003 trust with me off as benificiary, 13 year release,sale of our house and $150,000 for litigation.That was a very expensive letter.I think this will sum up 18 years without me having to say much more.My mother, my children and me lived together for the previous seven years it was great for everyone.My sisters arrive in 2003 with a plan within two days my mothers house was sold and she had no say so.

 

$500,000 diversion.Lawsuit suit settlem,ent grom my 635 shares.After the court sets a price my sisters lie to my mother and supposidly pay her something.This is a trust threy are sole trustee of.Later to stop a lawsuit they send each one of my children some money.

 

1990 no note nothing to deal with my sisters about the lied acout 7 nyears earlier.The reason I delt with my mother was she knew but she was the grantor my sisters meant nothing.

 

The stock was paid for by the trust and the proceeds went into the trust.When I say I paid for the policy I am referring to the money owed to me to paty premiums with.2/3rds ffor my sisters and I did not have any obligation to do so which my mother supported.

 

1955 three must sign three are to try and discuss to get unanimous consent.20 years no problems suddenly five years after the fact William Blair and my sisters worked together to use onlty two signatures.In 1987 I opened four accounts.It took their compliance department two days and they came back with each one.1955 needs three.

 

My mother was fed up with my sisters.First instruction add me and must be unanimous consent.What I did not know is the attorney said we all must agree on the cange.Second attemppt add be but simple majority I told her to forget it.Third she alone as trustee.Same approval needed never claim.The attorney know my sisters were not goinmg to give up what they had.

 

I am not sure I understand your last point.First my mother was from the old school and never would give away her money.If in fact through an audit it comes up that a substantial share is missing and my sisters say it was a gift I do not think the court will let a trustee get away with that.There is a clause no income or principal to any one but my mother unless she signs off.If my sisters say my mother gave then $200K without a note or my mother signing the chedck I doubt with all of their other baggage they get away with it.

 

I have one more revision

Customer: replied 3 years ago.

Sunday, November 14, 2010 1:35 PM EST

What you have written is very confusing. You start by saying you bought out your cousin's 635 shares for $500 per share. The price paid was 317,500. Five years later all your shares are sold for $7,500 per share or a total of $4,762,500. These are your proceeds. From these proceeds you buy a $3 million life insurance policy and make your sisters the beneficiaries. Your proceeds of the sale of stock and the insurance proceeds go into your mother's living trust. There is no explanation of why or how any of these things is done. Neither is there any explanation of why you loaned your mother $3 million. If your mother owes you $3 million why is that not paid before anything else from the trust? If you owe your mother $3 million why do you have anything coming from the trust?

You claim in the late 90's $500,000 was diverted from your mother. Are you claiming your mother was not competent at that time and did not know what she was doing? If you are claiming she was defrauded, isn't that something her personal representative would pursue and not you as while she was alive she was free to do with what was in the living trust any way she wanted to?

Why did your mother cease being trustee of her own trust in 1989? Was your mother not competent then? Are you claiming the fraud began at that time?

How was the debt with your mother being finalized in 1990? If your sisters were the trustees why were you dealing with your mother and not them?

What did your father's 1955 trust have to do with this. Were you a beneficiary of that trust? Who were the trustees? Who was the third trustee. How were they removed without them complaining? If you were the third trustee, didn't you notice the money leaving the trust and why didn't you take some action then?

In 2000-2001 you say there were three trust revisions that put your sisters on the sideline - who made those revisions? Are you saying she was competent to make the revisions if they were made by your mother? What do you mean when you say they put your sisters on the sidelines?

If your mother was competent and aware of all the things that occurred prior to 2006, how are you going to show any damages since she could have given away all her money and you would have no basis to challenge it?

Customer: replied 3 years ago.

Sir ,

Everything is being errased.Three emails to you and a 22 pagee final draft I was going to send you.Please let me know if you received the $50.00

 

Wjhat you said is exactly right.Three things killed me.An attorney who convinved me to keep the stock out of my mothers name.An estate lawyer telling me $50,% taxes if I took it all so I took $600,000 tax free and a contract from my mother.Her open heart surgery opened the door.I was not going to let my sisters verbally abuse her so I allowed them to become trustees.Little did I know.The next 20 years the exerted total mind control on my mother by using guilt.Many time she tried to pay ,me or replace the trustees It never happeded.Her last attempt was 2003 I have the letter $2.0M she agrred I left for China my sisters inttercepted the letter that started out by saying as you know.13 year release 2003 trust and many other things came fromthat letter.

 

The deversion my 635 shares still in the trust and morther is giving it to me.After the settlement is published in the news paper they tell my mother it may never settle and she may be countersued.So the trustees of a trust divert $500K of trust funds.Then later send some to my kids to keep from being sued.

 

1955 will may be the best part of the case.A codicil that said thhe three trustees must try for unanimous consent if not the dissenter saigns off. 20 years we operated this wat.1987 one of the most prestigeous brokerage houses in Chicago I bring four new trusts.Two days later the 1955 trust needs all three signaturres.

13 years later my sisters and the broker thought two was O,K, without warning.It took me 5 years and $1.8M to find out.

 

3 revisions my mother wanted to break my sisters control between the attorney and my sisters none were successful

 

Before 2006 if large sums of money went to my sisters irt would have been my sisters not my mother.My sisters better have something in writing as the trust reads all income and principal to my mother unless otherwise mdesignated by her in writing.

 

Any direction you may have on the letter would be appreciated

Customer: replied 3 years ago.

receiving the same and all persons claiming by or through them, unless an action against the trustee is instituted by the beneficiary or person claiming by or through him or her within 3 years from the date the final account is furnished.

as you can see the beneficiaries are allowed to go back to the origin of the trust if accountings were not preformed.

now let’s talk about the fraudulent conspiracy between my sisters and their attorney. my sisters get sidley austin to draft two releases even though i am trustee of one of the trusts. the drafts go to my sisters attorney he calls in my mother who thinks he is her attorney. my mother brought her sister. the attorney did not suggest to my mother to bring in her own attorney. did not explain the $6.5m blanket release and on the way out said to her sister it looks like i had another good day.

the attorneys did not realize there are laws that govern valid releases. one in particular to this one is someone cannot be released for a duty that legally they must perform ?accounting???todd schaeffer is a renounced chicago attorney. i will show you his article on releases. each has case law to support it.

18 years of accounting maybe $13,000.lynn and gretchen and their advisors seem to think they do not have to account for the 18 years while they were trustees.

1.in illinois it is public policy to account annually

2.the trust and trustee act says it all. no one can sign your rights away

(b) every trustee shall on termination of the trust furnish to the beneficiaries then entitled to distribution of the trust estate a final account for the period from the date of the last current account to the date of distribution showing the inventory of the trust estate, the receipts, disbursements and distributions and shall make available to such beneficiaries copies of prior accounts not theretofore furnished. such final accounting shall be binding on the beneficiaries receiving the same and all persons claiming by or through them, unless an action against the trustee is instituted by the beneficiary or person claiming by or through him or her within 3 years from the date the final account is furnished.

where are 2003,2004,2005,2006,2007,2008,2009

when mother was forced to sign a document she did not understand it said in the future she would rely on monthly statements from the broker. lynn and gretchen were so intent in concealing their activities lynn called william blair and instructed them to send my mother’s statement to lynn. where are the seven years of accounting not in question

sisters left home at 17, since married 10 times and unfortunately have five children who are or have been in drug rehabilitation or have not worked. on the other hand i stayed with my parents, married a girl from my high school and had three wonderful children. the jealousy, greed and need to control were enormous and infected everyone in our family. my children and i lived with my mother for seven years, my children were her children. the abuse my mother went through and how she eventually died turned my children and my mother's family away from my sisters for life

if someone looked at three years after my mother’s death and we are meeting with you without a trust distribution they would not believe it. per the trust agreement my sisters have created one more breach of fiduciary duty by not distributing the trust two years ago. , not only has the trust not been distributed but my sisters have withdrawn $450,000 for personal legal fees. it amazes me every day how they get away with it. i will be able to demonstrate without question at our meeting that my mother was legally incapacitated when my sisters amended the trust, removed my mother's sister as successor trustee and replaced her with themselves... this was within four days of the neurological evaluation at which time my sister lynn said enough on the record to prove she knew my mother was mentally incapacitated, at the time she was told to sign the trust document, to understand her actions.

my aunt who will be at our meeting would have closed the trust at least two years ago. her is.80 going on 65. she sold her condo at my sister’s insistence to live next door and help my mother. she was power of attorney for property, executor and successor trustee. my mother is legally incapacitated a new trust is drawn up, my aunt is removed and my sisters became successors and that is precisely why three years after my mother death we are in your chambers. now after my mother has died in spite of what is written in my mother's trust my sisters are suing my aunt in spite of the trust and in spite of what my mother committed to at the nursing home complex

my sisters are guilty of intentional and unjustifiable death of my mothers. we all know it just needs to

come public. illinois jurisdiction no statute of limitations.

now i will add up some of my damages as well as what is mine

$500,000 trust balance

$250,000 legal expense including marin county

$100,000 or 1/3 of what was taken during my mother’s incapacity

$150,000 my 1/3rd of what was taken from the trust for lynn and gretchen’s personal legal fees

$1.0m

this is my bottom line.

if you want to go forward everything from 1989-today i have mentioned

18 years of accounting

$420,000 of legal fees but i believe will be $840,000 because it is two frauds and punitive damages.

intentional and unjustifiable death if convicted disowns you of your inheritance (no personal legal fees) this is a great contingency case for the plaintiff

Expert:  Richard - Bizlaw replied 3 years ago.

I did receive the $50 thank you. Before I can make any revisions to the letter I need to be sure I understand the relevant facts. Below is what I believe are the facts based on your post. Where I am mistaken please correct them.

 

  • 1. You transfer the 635 shares of stock to your mother in exchange for a contract that requires her to pay you at some point all but $650,000 of the proceeds of the sale of the stock. This contract is supported by a demand note from your mother to you. In the event of your mother's death, the debt she owes is deducted from your share of the inheritance so the transaction does not affect what your sisters will receive.
  • 2. On the advice of an estate attorney the $650,000 portion of what you are to get is treated as a tax free gift with the balance in a promissory note from your mother to you.
  • 3. You and your two sisters were named as beneficiaries of your father's trust. Under the terms of the trust the three trustees had to act unanimously. If you could not agree, any action taken had to be signed by all three trustees and if one dissented, that dissent had to be in writing for any action by the trustees to be effective.
  • 4. Your mother was principal beneficiary of your father's trust.
  • 5. You and your sisters became trustees of your father's trust on his death.
  • 6. After you and your mother set up the arrangement described in 1 and 2 above your mother has bypass heart surgery and you and your sisters will have to handle her financial affairs under her living trust. At this time all three of you are trustees.
  • 7. Once your sisters found out the arrangement you and your mother had made to insulate you from potential marital property issues they claimed that the arrangement was a breach of your fiduciary duties.
  • 8. To resolve the situation you resign as trustee of your mother's trust leaving your two sisters as the sole trustee in 1989.
  • 9. Under the terms of your mother's trust all principal and interest goes to your mother. If any money goes elsewhere there must be a written authorization from your mother authorizing a different use of the money.
  • 10. An accounting would show where all the money went from 1989 to the date of your mother's death. If any funds went for purposes other than your mother there would have to be a written authorization from your mother. Without such an authorization the money would have to be repaid by the trustees
  • 11. In 2003 you and your mother agree on $2 million is due you for your stock but that agreement is prevented from being consummated by your sisters.
  • 12. In 2006 your mother becomes incapacitated and your sisters get her to sign a trust amendment under which they become successor trustees on her death.

 

Here are some questions I have?

  • 13. Where is there document that shows your mother owes you some or all of $3 million.
  • 14. I do not understand the relationship between your father's trust and your mother's. Was most of the stock in your father's trust and thus most of the assets there also?
  • 15. I also do not understand what the diversion of $500,000 means - what funds and how diverted and when
  • 16. What is the significance of the settlement - how was money lost on that?
Customer: replied 3 years ago.
Sir,
Thank you.I keep revising and improving my draft to send to you later I am sorry I was confusing about the stock

1.I purchased 635 shares in 1981 the second mortage became my mothers trust.$317,000 is what the note was for at 3% payable at demand or at my mothers death.

2.635 was worth $4.0M after the sale.

3.My sisters destroyed the note and threatened my mother to death isf she ever renewed it.I received 15% before this happened.

4.18 years no resolution even though my mother tried.I have a 2003 letter to her from my attorney.
Expert:  Richard - Bizlaw replied 3 years ago.
that last post was helpful. I will be away for while and then I will come back to you in dept.
Expert:  Richard - Bizlaw replied 3 years ago.

Did you keep a copy of the promissory note for the $317,000 note? Do you have your records showing where the money to purchase the stock came from? Do you have a copy of the certificates showing the stock was in your name originally? Are you planning on pursuing the stock proceeds to which you are entitled?

 

I will wait to review your next draft before doing anything more.

Customer: replied 3 years ago.
Sir,
I wish I had anyone of those The money came out of my fathers trust .I am sure somehow I could trace it =but it wont have my name on itBeing too trusting can be someones downfall.Isaw it with my father my whole life and he never learned from his mistakes.
Expert:  Richard - Bizlaw replied 3 years ago.
If you are not pursuing a claim there is no point in talking about it because it just confuses anyone trying to understand and undermines your credibility.
Customer: replied 3 years ago.
Sir,
A revision please advise.You dont have to rewrite anything just tell me what take out or add

Dear Judge Cox,

Writing this letter to you and attending a settlement meeting three years after my mother’s death I think speak volumns.I have rewritten this draft eight times. My problem is how I CAN PROPOSE A SETTLEMENT THAT IS FAIR TO ME AND MY FAMILY WITHOUT KNOWING WHERE OVER $10.0 M has gone. My father’s trust required three signatures and we complied for 20 years. I find out several years later my sisters were able to convince the broker to release funds based on just their signatures. $1.8M and the way my sisters handled these withdrawals was to deposit each withdrawal into my mother’s trust where they are the only people who can access the statements. This was act one between my sisters and their attorney Dan Leticia.

In 1998 after the value was established, after knowing the proce3eds were mine my sisters diverted $500,000 of trust funds to themselves. They did third by convincing my mother that the lawsuit may never settle and my mother could have a liability. Later money was given to my children in an effort for my sisters to avoid a lawsuit.

2000 $700K lost in the STOCK MARKET I got out early they would not sell until the market hit rock bottom. Five years later I found out my sisters sold their personal stock when I did. You cannot treat funds in this manner

My sisters never did and still don’t follow their legal obligations as trustees.18 years of no accounting $13.0M withdrawn. They claim they have a 13 year release from my mother. I claim it is invalid and does not stop me and my children from using the Illinois trust and trustee act to compel my sisters to produce our accountings. I am very confident in our position. After my mother passed away my sister Lynn said Gretchen would send me 18 years of accountings all signed by my mother. I did not receive them. In July of 2009 accountings from 2006-2008 were submitted to Judge Bucklo.There was absolutely no back up and Judge Bucklo threw them out. 1-1/2 years later they have not been amended. Todd Schaffer a rebound Chicago trust attorney wrote a very long paper outlining what makes a release valid. My mother’s did not qualify for one point. My sisters had Sidley Austin draft the releases. My mother was then sent to my sisters attorney and fortunately took her sister. No explanation was given. My mother was heard saying leaving the meeting saying I guess it is another good day for me.

1. IN Illinois it is public policy to account annually

2. THE trust and trustee act says it all. no one can sign your rights away


"the punctilio of an honor the most sensitive", as judge Cardozo wrote and which is quoted all across the country in every court. as such, they can't personally take advantage of any situation whatsoever. too, they have to account for each and every penny - they are to have kept complete and accurate records of everything they have done - it wouldn't matter that the bank no longer keeps the records - they are to have the records themselves if they don't have the records - the presumption arises against them and they have to reimburse the trust themselves

(b) every trustee shall on termination of the trust furnish to the beneficiaries then entitled to distribution of the trust estate a final account for the period from the date of the last current account to the date of distribution showing the inventory of the trust estate, the receipts, disbursements and distributions and shall make available to such beneficiaries copies of prior accounts not theretofore furnished. such final accounting shall be binding on the beneficiaries receiving the same and all persons claiming by or through them, unless an action against the trustee is instituted by the beneficiary or person claiming by or through him or her within 3 years from the date the final account is furnished.

This is one of the major claims against my sisters.

The second is my mothers incapacity. In 2006 my mother was taken on an ill fated 6000 airline trip that ended with a stroke later diagnosed as dementia. Soon thereafter my sisters decided to TAKE CONTROL of a $3.4M trust of my mothers. Act NUMBERS two with my sisters and their attorney. My mother’s brother for 25 year was the sole trustee After committing fraud by removing my uncle. my sisters committed forgery to create a new trustee. Their partner the attorney notarized what he knew to be a forged signature and

Eight days later the same attorney act number three drafted a new living trust removing my aunt as successor trustee and they then my sisters made themselves successor trustees. That is the sole reason we are sitting here today three years after my mother’s death.

My mother was taken to a neurological clinic four days after the trust signing and she was found to be mentally incapacitated. Key notes attatched.The worst part is Mrs.Regnery’s DAUGHTER; Lynn daughter knew my mother was incapacitated at the trust signing. Nine relatives and Lynn’s husband will attest to THIS. This is fraud. My sisters attorneys seem to think this act was governed by a probate statute for a trust contest. This has nothing to do with a trust contest.

In the next 14 months my sisters withdrew between $800K-and $1.OM.From my mothers trust. My mother’s trust is very clear on what can be done with her funds after incapacity. My mother could have lived at home with a live in caregiver for $140,000

My mother then ended up in Marin County California living with the second daughter but not in the house the daughter promised everyone but a cottage 100 steps up from the street. This is not the place to recall or time to recall what happened to my mother for the next seven months of her life. my mother was abused and finally her heart could not stand the deprivation of her medications.

The money continued to flow. In June of 2007 my sister hired an attorney to fight me from conserving my mother and he did. Since June of 2007 Mr.Flaxman continues to take my mother’s trust funds. My sisters have Chicago attorneys yet they pay Mr.Flaxman who is in California. My guess is he has been given $300K-$400K during this time.

Without Mr.Flaxman and his considerable political influence in Marin County my sister could not have abused my mother.

Any AGREEMENT, and my sisters know this, that does not refund to me me 1/3RD of what Mr.Flaxman has been paid will end our settlement.

My mother died on 11/2/2007.My sisters talk about me suing them. It is quite the other way around. For 14 months were waiting for an accounting, any and all trust documents and balances. We never even received a phone call. The trust should have been distributed before I was forced to file an accounting lawsuit

The damages are $500,000 still in the trust

1/3rd of $450,000 of legal fees spent after my mothers incapacity. I call that fraud.

$100,000 1/3rd of what was spent of my mother’s money in her last 14 months which is the excess of living at home would be. My sisters were so blatant they gave their children credit cards of my mother and $70,000 was charged against them. My sisters spent this money as if they were to legitimate trustees when in fact they were fraudulent trustees.

$250,000 of my legal fees from 5/1/2007 to date. For trying to help my mother and pursuing an accounting from my sisters.

The real issue here is accounting. The dollar value is massive. My sisters have guarded, mislead, AND LAID everything and anything to keep from doing what they are legally obligated to do. This is a deep dark secret which no one knows but them.

“Illinois courts are in unison regarding this point in the validity of a release.

If someone is legally obligated to perform a duty that person cannot be released from performing that DUTY.

2006, 2007, 2008 was never done. 2003, 2004, 2005 were never done. Even with the fraudulent release between my sisters and their attorneys the release said in the future my mother was agreeable to just receive brokerage statements in lieu of AN ACCOUNTING. My sister diverted my mother’s monthly statements to herself.

If there is no agreement reached I will immediately go after the accounting and incompency.Then the rest of the suit and my mother’s abuse

Sir,

Please look over. Someway somehow I have to ask for something is I am to walk away from an accounting. I am talking about a separate amount just for the accounting.

Expert:  Richard - Bizlaw replied 3 years ago.
I reviewed this on your other post. Basically it is fine. YOu just need to add what you want as your proposed settlement. See the response I sent on the other post.
Customer: replied 3 years ago.

Sir,

I think this what went out.I have had four revisions since we last talked.

 

The more I think and read the less likley I believe there wiill be a resolution.My settle amount has gone up considerably since September 16th

 

Do I have to wait until Dec. 3 rd to continiue dioscovery? We need the Mars deposition.They owe 2003-2009 accounting even wirthout arguing the release.

Whether the trust gets frozen or paid out doesent matter just the quickest one

 

How can you determine being found for a wrong doing and the money comes back if it gets devided in three.I have often wondered how that could be possible.

 

You are a trustee and 10 years ago you started staaling $10,000 per year.The grantor dies. If you dont get caught you have $100,000.However if you do get caught and you have two siblings does that mean each of you get 33-1/3rd. If so there was absolutly no penalty to ypou for stealing the money.Why not try it nothing to lose and everything to gain.

 

In other words my sisters took $420,000 for person al legal fees which I think was fraud.They took in excess of my mothers living expense for the last 14 months of her life.Then if we get accounting it is 18 years $13.0M.If some is missing to they get 1/3rd?

If so something is wrong with thejustment if we invitre people to committ crime and they either dont get caught or if they do if caught they are not prosecuted.

 

 

A trustee may be held personally liable for certain problems which arise with the trust. For example, if a trustee does not properly invest trust monies to expand the trust fund, he or she may be liable for the difference. There are two main types of trustees, professional and non-professional. Liability is different for the two types.

 

 

 

Dear Judge Cox,

 

Writing this letter to you and attending a settlement meeting three years after my mother's death I believe speaks directly at our problem.My aunt is the ligitimate trustee.This case would have been over with 2-1/2 years ago if not for my sisters fraud. My problem is how I CAN PROPOSE A SETTLEMENT THAT IS FAIR TO ME AND MY FAMILY WITHOUT KNOWING WHERE OVER $13.0M has gone. My father's trust required three signatures and we complied for 20 years. I find out several years later my sisters were able to convince the broker to release funds based on just their signatures. $1.8M. the way my sisters handled these withdrawals was to deposit each withdrawal into my mother's trust where they were the only people who could had access to the statements. This was act one between my sisters and their attorney Dan Leticia.

 

In 1998 a lawsuit was ruled on which would benefit our familt by $500K.My sisters convinced my mother the suit my never materialize and she in fact could be counter sued.They purchased the stock but money never changed hands after knowing.Later to keep from being sued my sisters sent each of my children some money

 

2000 $700K lost in the STOCK MARKET I got out before the crash with my personal stock. early theyIn spite of my persistance my sisters refused to liquidate my mothers until many months later when the market hit bottom.

 

My sisters never did and still don't comply with their legal obligations as trustees.18 years of no accounting $13.0M withdrawn. my children and I will be using the Illinois trust and trustee act to compel my sisters to produce our accountings. I am very confident in our position. After my mother passed away my sister Lynn said Gretchen would send me 18 years of accountings all signed by my mother. I did not receive them. In July of 2009 accountings from 2006-2008 were submitted to Judge Bucklo.There was absolutely no back up and Judge Bucklo threw them out. 1-1/2 years later they have not been amended. Todd Schaffer a renound Chicago trust attorney wrote a very long paper outlining what makes a release valid. My mother's did not qualify for one point. My sisters had Sidley Austin draft the releases. My mother was then sent to my sisters attorney but fortunately took her sister. No explanation was given by the attorney.The right off constituted $6.5M.Why would my mother ddo that to my children and I.Why would my mother do that to herself if she knew the contents of the release. My mother was heard saying leaving the meeting saying I guess it is another good day for me.If there is any doubt read Todd Schaeffers article and section B of the trust and trustee act.

 

 

1. IN Illinois it is public policy to account annually

2. THE trust and trustee act says it all. no one can sign your rights away

 


"the punctilio of an honor the most sensitive", as judge Cardozo wrote and which is quoted all across the country in every court. as such, they can't personally take advantage of any situation whatsoever. too, they have to account for each and every penny - they are to have kept complete and accurate records of everything they have done - it wouldn't matter that the bank no longer keeps the records - they are to have the records themselves if they don't have the records - the presumption arises against them and they have to reimburse the trust themselves

 

 

(b) every trustee shall on termination of the trust furnish to the beneficiaries then entitled to distribution of the trust estate a final account for the period from the date of the last current account to the date of distribution showing the inventory of the trust estate, the receipts, disbursements and distributions and shall make available to such beneficiaries copies of prior accounts not theretofore furnished. such final accounting shall be binding on the beneficiaries receiving the same and all persons claiming by or through them, unless an action against the trustee is instituted by the beneficiary or person claiming by or through him or her within 3 years from the date the final account is furnished.

 

Incapacity

 

I THINK THIS REPORT WITH NINE WITNESSES, TWO NEUROLIGISTS, A LIVE IN FOR FOUR MONTHS, LEAVE MY TWO SISTERS AS THE ONLY PEOPLE WHO THOUGHT MY MOTHER had the capacity to request an amendment be drafted and after receiving have the ability to understand what is said. HAD THE ABILITY TO REMOVE HER SISTER, TAKE BACK THE $1000 PER MONTH MMY MOTHER LEFT IN JHER WILL FOR HER SISTER.

 

WHY WOULD MY SISTERS GO TO SUCH EXTREMES TO BECOME SUCCESSOR TRUSTEES.MAYBE ACCOUNTING?

 

In 2006 my mother was taken on an ill fated 6000 airline trip that ended with a stroke later diagnosed as dementia. Soon thereafter my sisters decided to TAKE CONTROL of a $3.4M trust of my mothers. Act NUMBERS two with my sisters and their attorney. My mother's brother for 25 years was the sole trustee. After committing fraud by removing my uncle. my sisters committed forgery to create a new trustee. Their partner the attorney notarized what he knew to be a forged signature.

 

Eight days later the same attorney act number three, drafted a new living trust removing my aunt as successor trustee and replacing her with my sisters. That is the sole reason we are sitting here today three years after my mother's death.

 

My mother was taken to a neurological clinic four days after the trust signing and she was found to be mentally incapacitated. Key notes attatched. Please note the input from Lynn and her mothers deterriorating condition

 

DAUGHTER; Lynn daughter knew my mother was incapacitated at the trust signing. Nine relatives and Lynn's husband will attest to THIS. This is fraud. My sisters attorneys seem to think this act was governed by a probate statute for a trust contest. This has nothing to do with a trust contest.

 

This is from the Mars Neurological clinic and my mothers evaluation. Please NOTE THIS TEST WAS PREFORMED FOUR DAYS AFTER MY MOTHER SIGNED THE 2006 TRUST MAKING MY SISTERS THE SUCCESSOR TRUSTEES.

 

Simple questions unable to answer

What is year no answer

date and day no answer

what country are we in no answer

where are you now what road is this office on subtract 7 from 100 continue subtracting 7 no answer

repeat no if ands or buts no answer no response

copy this design no response

 

2006

Lynn

Lynn, cognitive abilities deteriorating noticeably June of 2006, Paranoia and agitation at assisted living

Lynn, anxiety and depression for past three years, worsening condition in last year

Lynn, Considerable frustration second to cognitive abilities which exacerbates psychiatric symptoms

Lynn, 11/22/2006

Lynn cognitive functioning declining

Lynn reports decline in information processing speed, concentration, organization, language

Lynn comprehension and increased word finding problems

 

Mars- 11/22/2006

Evaluation by Mars

Faces I, Digit span, spatial subtests, from the Wechsler Memory Scale, Second Edition m(DRS-2) and the Ray- Ostertieth Complex Figure test (ROCF) .Further testing on Mrs. Regnery'ds cognitive function could not be completed secondary to the severity of her cognitive deficits

The severity of Mrs. Regnery's cognitive function precluded completion of the WMS-III and WAIS-III and thus a complete comparison of current and past performance on these measures was not possible

Comparison of Mrs.Regnery's performance across several subtests of the WMS-III measuring facial recognition and working memory indicates significant decline (1 to 2standard deviation) over the last two years.

Two measures of working memory, one auditory one visual, and Mrs.Regnery's current performance ranged from borderline impaired to impaired range respectively.

Performance on the MMSE was notable for temporal and spatial disorientation and deficits in attention,memory,language, comprehension and visual construction.

Overall performance on this measure was significantly impaired and below criterion cut off scores for diagnosis of dementia.

On a more comprehensive measure of global functioning (DRS-2) Mrs. Regnery's performance which has been corrected for age and education level, falls in the severely impaired range

Not oriented to place or self.

 

 

 

 

 

 

$500,000 still in the trust

 

1/3rd of $150,000 of legal fees spent after my mothers incapacity. I call that fraud.

 

$100,000 1/3rd of what was spent of my mother's money in her last 14 months which is the excess of living at home would be. My sisters were so blatant they gave their children credit cards of my mother and $70,000 was charged against them.$100,000 was spent on

 

CONCEALMENT

 

This was only made possible in 1999 when the new attorney, Dan Letizia, started. There is an obligation from the trustees and the trust attorney to keep the benificiaries informed about trust activities.After the death of my mother I discovered nine documents dating back to 2000 as well as two Mars evaluations..There were three documents from my mother to change the structure of the trust. Never done.2003

 

a new trust that included a trust contest provision and a document saying all loans and advances are forgiven at my mother's death. 100% of the benefit of those changes were to my sisters. 13 year accounting release, $150,000 withdrawal. In 2006 the forged document that took the trustee and replaced him with a forgery. 2006 living trust and there is more. My mother's trust states she is the only person entidled to the interest and principal unless she states otherwise in writing. I never saw a WRITING.

 

$250,000 of my legal fees from 5/1/2007 to date. For trying to help my mother and pursuing an accounting from my sisters.

 

There is a cost associated with walking away from 18 years of accoiunting.Based on what my sisters have done that has been exposed there is no telling what an accounting would uncover

 

These are solid figures.$6.5M assets 1997,

 

$5.0M at 5% broker $250,000 per year

 

Mothers expenses, taxes, H.E, living expenses, gifts $250,000

 

My mother dies with $2.7M but no one knows where the balance $3.8M of the principal went.

 

Settlement

$500,000 my share left in the trust.

 

$100,000 which is 1/3rd of what my sisters spent while my mother was incapacitated.This is conservative and is based on the incapacity clause in my mothers trust.My sisters gave their children my mothers credit cards and the ran up a bill of $70,000

 

$150,000 My q1/3rd share my sisters spent as fraudulant trustees for personal legal fees.

 

$250,000 my legal fees incliuding my mother.

 

The real issue here is accounting. The dollar value is massive. My sisters have guarded, mislead, AND Lied about everything and anything to keep from doing what they are legally obligated to do. This is a deep dark secret which no one knows but them.

 

 

 

2006, 2007, 2008 accounting was never done. 2003, 2004, 2005 were never done. Even with the fraudulent release between my sisters and their attorneys the release said in the future my mother was agreeable to just receive brokerage statements in lieu of AN ACCOUNTING. My sister diverted my mother's monthly statements to herself.This means regardless of anything else there are six years of accounting that my sisters owe to the benificiaries

I think my sisters and the court needs to consider there is at least $13.0M that is unaccounted for.The release or agreement we are entering into could well be a lesses amount than an accounting would prove up.

Customer: replied 3 years ago.

Sir,

I think this what went out.I have had four revisions since we last talked.

 

The more I think and read the less likley I believe there wiill be a resolution.My settle amount has gone up considerably since September 16th

 

Do I have to wait until Dec. 3 rd to continiue dioscovery? We need the Mars deposition.They owe 2003-2009 accounting even wirthout arguing the release.

Whether the trust gets frozen or paid out doesent matter just the quickest one

 

How can you determine being found for a wrong doing and the money comes back if it gets devided in three.I have often wondered how that could be possible.

 

You are a trustee and 10 years ago you started staaling $10,000 per year.The grantor dies. If you dont get caught you have $100,000.However if you do get caught and you have two siblings does that mean each of you get 33-1/3rd. If so there was absolutly no penalty to ypou for stealing the money.Why not try it nothing to lose and everything to gain.

 

In other words my sisters took $420,000 for person al legal fees which I think was fraud.They took in excess of my mothers living expense for the last 14 months of her life.Then if we get accounting it is 18 years $13.0M.If some is missing to they get 1/3rd?

If so something is wrong with thejustment if we invitre people to committ crime and they either dont get caught or if they do if caught they are not prosecuted.

 

 

A trustee may be held personally liable for certain problems which arise with the trust. For example, if a trustee does not properly invest trust monies to expand the trust fund, he or she may be liable for the difference. There are two main types of trustees, professional and non-professional. Liability is different for the two types.

 

 

 

Dear Judge Cox,

 

Writing this letter to you and attending a settlement meeting three years after my mother's death I believe speaks directly at our problem.My aunt is the ligitimate trustee.This case would have been over with 2-1/2 years ago if not for my sisters fraud. My problem is how I CAN PROPOSE A SETTLEMENT THAT IS FAIR TO ME AND MY FAMILY WITHOUT KNOWING WHERE OVER $13.0M has gone. My father's trust required three signatures and we complied for 20 years. I find out several years later my sisters were able to convince the broker to release funds based on just their signatures. $1.8M. the way my sisters handled these withdrawals was to deposit each withdrawal into my mother's trust where they were the only people who could had access to the statements. This was act one between my sisters and their attorney Dan Leticia.

 

In 1998 a lawsuit was ruled on which would benefit our familt by $500K.My sisters convinced my mother the suit my never materialize and she in fact could be counter sued.They purchased the stock but money never changed hands after knowing.Later to keep from being sued my sisters sent each of my children some money

 

2000 $700K lost in the STOCK MARKET I got out before the crash with my personal stock. early theyIn spite of my persistance my sisters refused to liquidate my mothers until many months later when the market hit bottom.

 

My sisters never did and still don't comply with their legal obligations as trustees.18 years of no accounting $13.0M withdrawn. my children and I will be using the Illinois trust and trustee act to compel my sisters to produce our accountings. I am very confident in our position. After my mother passed away my sister Lynn said Gretchen would send me 18 years of accountings all signed by my mother. I did not receive them. In July of 2009 accountings from 2006-2008 were submitted to Judge Bucklo.There was absolutely no back up and Judge Bucklo threw them out. 1-1/2 years later they have not been amended. Todd Schaffer a renound Chicago trust attorney wrote a very long paper outlining what makes a release valid. My mother's did not qualify for one point. My sisters had Sidley Austin draft the releases. My mother was then sent to my sisters attorney but fortunately took her sister. No explanation was given by the attorney.The right off constituted $6.5M.Why would my mother ddo that to my children and I.Why would my mother do that to herself if she knew the contents of the release. My mother was heard saying leaving the meeting saying I guess it is another good day for me.If there is any doubt read Todd Schaeffers article and section B of the trust and trustee act.

 

 

1. IN Illinois it is public policy to account annually

2. THE trust and trustee act says it all. no one can sign your rights away

 


"the punctilio of an honor the most sensitive", as judge Cardozo wrote and which is quoted all across the country in every court. as such, they can't personally take advantage of any situation whatsoever. too, they have to account for each and every penny - they are to have kept complete and accurate records of everything they have done - it wouldn't matter that the bank no longer keeps the records - they are to have the records themselves if they don't have the records - the presumption arises against them and they have to reimburse the trust themselves

 

 

(b) every trustee shall on termination of the trust furnish to the beneficiaries then entitled to distribution of the trust estate a final account for the period from the date of the last current account to the date of distribution showing the inventory of the trust estate, the receipts, disbursements and distributions and shall make available to such beneficiaries copies of prior accounts not theretofore furnished. such final accounting shall be binding on the beneficiaries receiving the same and all persons claiming by or through them, unless an action against the trustee is instituted by the beneficiary or person claiming by or through him or her within 3 years from the date the final account is furnished.

 

Incapacity

 

I THINK THIS REPORT WITH NINE WITNESSES, TWO NEUROLIGISTS, A LIVE IN FOR FOUR MONTHS, LEAVE MY TWO SISTERS AS THE ONLY PEOPLE WHO THOUGHT MY MOTHER had the capacity to request an amendment be drafted and after receiving have the ability to understand what is said. HAD THE ABILITY TO REMOVE HER SISTER, TAKE BACK THE $1000 PER MONTH MMY MOTHER LEFT IN JHER WILL FOR HER SISTER.

 

WHY WOULD MY SISTERS GO TO SUCH EXTREMES TO BECOME SUCCESSOR TRUSTEES.MAYBE ACCOUNTING?

 

In 2006 my mother was taken on an ill fated 6000 airline trip that ended with a stroke later diagnosed as dementia. Soon thereafter my sisters decided to TAKE CONTROL of a $3.4M trust of my mothers. Act NUMBERS two with my sisters and their attorney. My mother's brother for 25 years was the sole trustee. After committing fraud by removing my uncle. my sisters committed forgery to create a new trustee. Their partner the attorney notarized what he knew to be a forged signature.

 

Eight days later the same attorney act number three, drafted a new living trust removing my aunt as successor trustee and replacing her with my sisters. That is the sole reason we are sitting here today three years after my mother's death.

 

My mother was taken to a neurological clinic four days after the trust signing and she was found to be mentally incapacitated. Key notes attatched. Please note the input from Lynn and her mothers deterriorating condition

 

DAUGHTER; Lynn daughter knew my mother was incapacitated at the trust signing. Nine relatives and Lynn's husband will attest to THIS. This is fraud. My sisters attorneys seem to think this act was governed by a probate statute for a trust contest. This has nothing to do with a trust contest.

 

This is from the Mars Neurological clinic and my mothers evaluation. Please NOTE THIS TEST WAS PREFORMED FOUR DAYS AFTER MY MOTHER SIGNED THE 2006 TRUST MAKING MY SISTERS THE SUCCESSOR TRUSTEES.

 

Simple questions unable to answer

What is year no answer

date and day no answer

what country are we in no answer

where are you now what road is this office on subtract 7 from 100 continue subtracting 7 no answer

repeat no if ands or buts no answer no response

copy this design no response

 

2006

Lynn

Lynn, cognitive abilities deteriorating noticeably June of 2006, Paranoia and agitation at assisted living

Lynn, anxiety and depression for past three years, worsening condition in last year

Lynn, Considerable frustration second to cognitive abilities which exacerbates psychiatric symptoms

Lynn, 11/22/2006

Lynn cognitive functioning declining

Lynn reports decline in information processing speed, concentration, organization, language

Lynn comprehension and increased word finding problems

 

Mars- 11/22/2006

Evaluation by Mars

Faces I, Digit span, spatial subtests, from the Wechsler Memory Scale, Second Edition m(DRS-2) and the Ray- Ostertieth Complex Figure test (ROCF) .Further testing on Mrs. Regnery'ds cognitive function could not be completed secondary to the severity of her cognitive deficits

The severity of Mrs. Regnery's cognitive function precluded completion of the WMS-III and WAIS-III and thus a complete comparison of current and past performance on these measures was not possible

Comparison of Mrs.Regnery's performance across several subtests of the WMS-III measuring facial recognition and working memory indicates significant decline (1 to 2standard deviation) over the last two years.

Two measures of working memory, one auditory one visual, and Mrs.Regnery's current performance ranged from borderline impaired to impaired range respectively.

Performance on the MMSE was notable for temporal and spatial disorientation and deficits in attention,memory,language, comprehension and visual construction.

Overall performance on this measure was significantly impaired and below criterion cut off scores for diagnosis of dementia.

On a more comprehensive measure of global functioning (DRS-2) Mrs. Regnery's performance which has been corrected for age and education level, falls in the severely impaired range

Not oriented to place or self.

 

 

 

 

 

 

$500,000 still in the trust

 

1/3rd of $150,000 of legal fees spent after my mothers incapacity. I call that fraud.

 

$100,000 1/3rd of what was spent of my mother's money in her last 14 months which is the excess of living at home would be. My sisters were so blatant they gave their children credit cards of my mother and $70,000 was charged against them.$100,000 was spent on

 

CONCEALMENT

 

This was only made possible in 1999 when the new attorney, Dan Letizia, started. There is an obligation from the trustees and the trust attorney to keep the benificiaries informed about trust activities.After the death of my mother I discovered nine documents dating back to 2000 as well as two Mars evaluations..There were three documents from my mother to change the structure of the trust. Never done.2003

 

a new trust that included a trust contest provision and a document saying all loans and advances are forgiven at my mother's death. 100% of the benefit of those changes were to my sisters. 13 year accounting release, $150,000 withdrawal. In 2006 the forged document that took the trustee and replaced him with a forgery. 2006 living trust and there is more. My mother's trust states she is the only person entidled to the interest and principal unless she states otherwise in writing. I never saw a WRITING.

 

$250,000 of my legal fees from 5/1/2007 to date. For trying to help my mother and pursuing an accounting from my sisters.

 

There is a cost associated with walking away from 18 years of accoiunting.Based on what my sisters have done that has been exposed there is no telling what an accounting would uncover

 

These are solid figures.$6.5M assets 1997,

 

$5.0M at 5% broker $250,000 per year

 

Mothers expenses, taxes, H.E, living expenses, gifts $250,000

 

My mother dies with $2.7M but no one knows where the balance $3.8M of the principal went.

 

Settlement

$500,000 my share left in the trust.

 

$100,000 which is 1/3rd of what my sisters spent while my mother was incapacitated.This is conservative and is based on the incapacity clause in my mothers trust.My sisters gave their children my mothers credit cards and the ran up a bill of $70,000

 

$150,000 My q1/3rd share my sisters spent as fraudulant trustees for personal legal fees.

 

$250,000 my legal fees incliuding my mother.

 

The real issue here is accounting. The dollar value is massive. My sisters have guarded, mislead, AND Lied about everything and anything to keep from doing what they are legally obligated to do. This is a deep dark secret which no one knows but them.

 

 

 

2006, 2007, 2008 accounting was never done. 2003, 2004, 2005 were never done. Even with the fraudulent release between my sisters and their attorneys the release said in the future my mother was agreeable to just receive brokerage statements in lieu of AN ACCOUNTING. My sister diverted my mother's monthly statements to herself.This means regardless of anything else there are six years of accounting that my sisters owe to the benificiaries

I think my sisters and the court needs to consider there is at least $13.0M that is unaccounted for.The release or agreement we are entering into could well be a lesses amount than an accounting would prove up.

Expert:  Richard - Bizlaw replied 3 years ago.

I saw this draft and commented upon it. I thought it did a good job of laying out the case and made your settlement proposal very reasonable.

 

 

Customer: replied 3 years ago.
Sir, i talked to an old JA friend earlier.I am not quite sure I know what he is talking about but he said I need a cause of action which he does not know if I do.He said if I dpont the opposition will get the case dismissed.He said if you do dont settle.Could you please fill me in. A trustee has breached their fiduciary duty and must pay back the trust.If he is also a benificiary does he get his share of what he paid back.If so it is the worst law I have ever heard.Steal and if you dont get caught it is yours.If you get caught no fharm no foul. If I can prove my sister knew that my mother was incapacitated when she made her trustee is that fraud.Is it fraud if my sister knew but did not inform the attorney. If they are found guilty and have to repay the $425,000 do each get 1/3rd? I am at a hugh disadvantage in trying to settle how do you come up with a figure for 18 years and $13.0M. you cant. So now they want to settle for the very end of my mothers life and what is left over.As recently as 1997 there was $6.5M $5.0M earning 5% or $250,000 which would have paid for everything but when my motjhers dies it is $2.7M I have a meeting on Friday with a renouned elder abuse trust attorney with a girl that is a trust attorney.I want to talk to him about the slayer statute on my mother and my case. IThe only was to settle is to pull a number out of the sky.I can put figures down real figures that add up the $1.0M that sounds bettwe rthe $600K on 9/16 I think this is somewhat of a rail road job.I write the Judge,he has the Magistrate set up a settlement but suddenly I ask for $1.0M. Anyway I need to think this through. If you know the cause of action and how the breach of duty money gets distributed IO would appreciate your thoughts. Also for the plaintilff in this type of suit is there ever a way for him to recoup his legal fees?
Expert:  Richard - Bizlaw replied 3 years ago.

A cause of action is the same thing as what I refer to as a claim. It is an allegation that there was a legal wrong and that you were damaged. You have already asserted the causes of action in the complaint you filed. However, you did not assert a wrongful death claim nor did you make a claim for the $2 million that was owed to you from the trust. Consequently, those issues cannot be part of the settlement negotiations. You have asserted causes of action for breach of fiduciary duty, fraud, etc. You case will not be dismissed.

 

A settlement always leaves the parties with less than they would get if they win the case. The idea of this is to get something certain, finish the litigation and move on with your life. If your numbers come out to $1 million as the basis for settlement and you are comfortable with that number and are prepared to go back to litigation if you do not get it then that is the number. The way you got to that number is XXXXX

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
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Customer: replied 3 years ago.

Sir,

Last week when I used help it said another party may bein you JA account or made a false avccount.DSince 8/2007 I have had computer problems.

 

Three letters I sent to you in the last hour are not there.I will try a fourth but to all of you posts

Customer: replied 3 years ago.

 

Sir,

When someone is controlling my computer as they have since 2007 on and off I view it as positive sign

 

If a trustee steals trust funds and is caught and puts them back is he entiotled to any of those funds in his inheritance.If so it is the worst trust law in existence.Strsal as much as you can if you don't get caught you keep it.If you do get caught no harm no foul you get eehat the grantor left you in the will.In other words you are stuiid if you don't steal.

 

How does the $420,000 fit in if we prove they areraudulant trustees or at lease breach of fiduciary duty.

 

In Illinois public policy states there must be an annual accounting even if the grantor has in their trust it is not required.If so how iss that different than my mothers release she cant do it as public policy will not allow it..12 years no accounting violates everything.13th year mother signs release.How can she erase first 12 especially with the benificiaries interest.

 

The Judge and the Magistrate are the eight balls how to not settle but make it look like the other side did not.

 

I found a gentleman I have communicated with on and off.He is at the university of Chicago and his specialty is capacity isues.What if I gave him the 2005 and 2006 mars documents?

 

$1.0M was just a number.It just seems very unfair to set my settlement based on $1.5M whart happened to 1997 $6.5M.I thought before of taking 1/3 of that number deducting every possible expense allocating 1/3rd to me and saying this is the last number I had, $6.5M so I will go back to it.Now prove where I am wrong.

 

 

Expert:  Richard - Bizlaw replied 3 years ago.
This is another duplicate. You need to stop using all these open questions
Customer: replied 3 years ago.
Sir, I am off to meet the attorney.Any advise?

On Fri, Nov 19, 2010 at 11:53 AM, Fred Regnery <XXXXX@XXXXXX.XXX> wrote:


Ben,
1986 money in versus 1980 father died, 1980, $2,5M and 803 Joanna stock@ $500.00 share or $400K valiue,
1981 I purchased 635 @ $500.00 per share $317K, cost basis 1981 so now 1437 shares $715.00,
1886 majority forced me to sell the company Net $7500 per share $11.M, insurance policy bought with proceeds $3.0M,lawsuit against two officers,$1.0M $15.0M into family. The 635 shares I owned with a contract then after a 15% pay down $600,000 my mother tried and tried but the intimidation and threats were too much and I would not push her after two bi-pass surgeries Roughly $6.5M two trusts 1997 with increased withdrawals and gifting still $6.5 1998 $500K diverted from grantor's trust by misleading her. 2000 fathers trust goes from 3 to 2 trustees $1.8M withdrawn and put in mothers trust no one could trace it 2000 prudent investor rule $700K lost while they lost nothing 2003 new trust two additions just for trustees benefit then trust is hidden until after mothers death.13 year release 2006 insurance trust $3.4 grantors brother removed by fraud new trustee is a forged signature and a fraudulent notary 2006 eight days later legally incapacitated mother's living trust is amended by a corrupt attorney in Chicago.It removes grantors sister as successor trustee replaced by daughters
(fraud)
2007 $420,000 withdrawn from insurance trust by forgery Instead of allowing mother to go home the daughters remove her heart medications and replace them with opiates.Ninety days later she dies.When the opiates began she was not terminally ill and no pain Mother dies 2007 $2.7M assets In 1997 $6.5M of assets of which $5.0M was invested at 5% so $250K per year,for 10 years is $9.0M,
Beginning assets 1997 $5.0M invested @5% 10 years $2.5M Expenses for same 10 years per month, taxes, insurance and health and welfare fund $100K, gifting $100K and mothers living expense $100K per year or $3.0M total expenses1997-2007 death value $2.7M and $3.0M expensive is $5.7M $9.0M starting balance and earnings. $3.3M short fall.
A trustee is to protect the trust invest it properly so it increases in value.A trustee should be open and honest with the benificiary.A trustees job is to pass the grantors assets to the ultimate benificiary.A trustee is given broad powers and often times misuses them.Whether misappropiating, imprudent invesrting or theft it does not matter they are all the same and the trusttee has the same liability.A trustee is nothing but a guardian of the estate until the grantor dies and the rightful owners have the assets distributed to them. My sisters are masters of minupulation.They need partners an attorney and broker.They get both.The attorney puts his license on rthe line and the broker his job.Ironically I hired both of these people and lectured them regarding how my sisters operate.Soon through lies and minupulation and the fact they have the money they are my sisters allies.They are told in no uncertain terms to keep away from me.I have watched this throughout my life with their husbands and children This is a brief outline on the trust case.I do not think my sistters have a chance on the capacity or 18 years of no accounting.Those are our issues.My mothers case we can win.You dont take from your mother her heart medications after 15 years and after a clean bill of health from a Cardiologist and then replace them with opiates.That is sure sudden death.My people tell me intentiional unjustifiable death (slayer statute) It could also be called involuntary euthinesia.The hospital and hospice records will not help them.The transcript from the conservator hearing will take any credibility they may have.Two Cardiologists and two hospital visits do not support terminally ill.DuPage has jurisdiction over my sisters I have thousands of documents in my computer.If I need to bring something please let me know. Fred $3.0M expenses $2.7 ending balance and $275,000 condominium, $5.7M, 2007 assets, $9.0M beginning balance, $5.0M @5% for 10 years $2.70M and $6.5M beginning balance $3.0 unaccounted for.
My 1/3 is calculated $1.1M my share of what is missing $500K current 1/3 $150K 1/3rd of personal legal fees Incapacity excess spending Concealment from beneficiary I think I gave you a chronology alonng with two doctors and a hospice supervisor and that all say the same thing intentional and justifiable death

Expert:  Richard - Bizlaw replied 3 years ago.
I think you understand the case and issues so you do not need anything further from me. Good luck.
Customer: replied 3 years ago.

Sir,

I think I had a good meeting today.This gentleman is also a CPA.He said don't got pushed into something not in you best interest.Tekll them there is 10 years and $3.0M missing you need an accounting.If the really push me I tell them $1.0M

One of the things that concerns me a little is the accounting which I feel we have many ways out of.Below is what my mother signed and below is the trust and trust act that applies to us.We need from 1997-2007 are we allowed as benificiaries to revisit that period or is my mother as the sole beneficiary at the time final and over?

 

Trustees of Trust A. 2002

 

3. In 1991, various issues that had arisen concerning Trust A were resolved

by an agreement (the "1991 Agreement") among my children and me. I hereby affirm that agreement and approve all actions of the Trustees concerning the administration of Trust A prior to September 6, 1991, the effective date of the 1991 Agreement.

 

4. Beginning as of date prior to September 6, 1991, I have received

brokerage account statements for Trust A on a monthly basis which include information about receipts and disbursements along with an inventory of the assets of Trust A, and I have reviewed

those statements as and when received. .

 

5. I hereby approve the reports identified in item 4 as a complete and

accurate accounting for Trust A of receipt~ disbursements and distributions through December 31,2002.

 

6. I hereby approve any and all actions taken by the Trustees in the

administration of Trust A through December 31, 2002, and hold the Trustees harmless against any and all liability to any person arising out of the trusteeship of the Trust.

 

7. . I hereby agree to accept future brokerage account statements as an

accounting for Trust A, subject to my right to review and question those statements and have appropriate corrections made.

 

\

(b) Every trustee shall on termination of the trust furnish to the beneficiaries then entitled to distribution of the trust estate a final account for the period from the date of the last current account to the date of distribution showing the inventory of the trust estate, the receipts, disbursements and distributions and shall make available to such beneficiaries copies of prior accounts not theretofore furnished. Such final accounting shall be binding on the beneficiaries receiving the same and all persons claiming by or through them, unless an action against the trustee is instituted by the beneficiary or person claiming by or through him or her within 3 years from the date the final account is furnished.

 

Expert:  Richard - Bizlaw replied 3 years ago.

The 1991 release is probably effective for all purposes so long as your mother was fully apprised of the disbursement of all assets. The acceptance of the brokerage statements might also be fine if all income, receipts and disbursements are reflected in those brokerage statements. There is a general public policy prohibition against releasing claims that might arise in the future. So if for example there appeared to be a legitimate disbursement from the trust but it turned out it was just a subterfuge to get money out of the trust and to the personal benefit of the trustees that would not be released. So the releases given in 4-6 are subject to this caveat. The key is that the releasor be fully apprised of all actions of the trustees. If all those actions are in the brokerage statement then the release is valid. If things are not in the brokerage statement then the release will not be effective as to them.

 

The same standard will apply to the accountings due the beneficiaries of the trust on its termination. If anything is not reflected in the brokerage statement then the release is not effective as to those things. The fundamental obligation to account cannot be avoided. The trustee cannot contract his or her way out of her obligation to be as pure as the driven snow vis a vis the beneficiaries of he trust.

 

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Customer: replied 3 years ago.

Sir,

Sorry for the length of this post.

 

 

Sir,

 

Thank you for your answer.I think I understand for the most part.My mother consented in 2002 in the attorneys office to accept brokerage statements in lieu of accounting for the prior 13 years.According to my aunt and I would confirm my mother never received a trust accounting so how could she say I will only take bank statements.Maybe she was told they were trust accountings and that is all there is.My aunt being there I believe will be much more important than the attorney and what he says.I will demonstrate.

 

The new benificiaries are you saying we are stuch with brokers statements for the first 13 years? If we see a $50,000 withdrawal are we allowed to see where it went? For that matter are we allowed to find out where all of the withdrawals went? If we are stuck with 13 years cant we argue the trust and trustee act?

 

In 2002 my mother agreed to take statements in lieu of accounting.My aunt brings in my mothers mail no statements all diverted to my sister Her is a document they drafted and my mother signed it but then no statements so what happens for 2002-2010 in terms of our right to accounting.

 

Now Letizia and Todd Schaeffer to break the 13 years.

 

A trust attorney has a strong obligation not only to the trustee but the benificiaries .He has to look at things equitably and if they are not he much fix them.There are some states that say the trust attorney first obligation it to the brenificiary.

 

My sisters and Letizia bonded in 1999.Why? I hired him but cant get him mote monet and either can my mother.Letezia and needed each other.

 

2001-2002 Four times my ,mother told Letizia to change her trust each time he did.Each time jhe told my mother we want all three children to agree so there is no trouble in the future.She trusted him and said O.K.He knows and my sister knows the mioknute my mother lefts thart sentence go in forget it.

 

If Letizia were my mothers attorney knowing what he did about her health and children he would have put her in his car driven her to the Harris bank and made them corporate trustee.The problem was he is cut out.

 

2003 new trust,two changes 100% benefit to my sisters blanket release of any advances or loans and a trust contest.Are they going to contest what they wrote?

 

Invalidating 2002 accounting release Between Juaine and Letizia's credibility why cant we contest the validity of the release

 

As a beneficiary are we not allowed to contest the validity of the release?Are these not the groun rules for acquiring and breaing a release and is necessary to make a release valid.These are only a few.

The release never activated for future accounting as my mother never received a statement.Does this mean from 2002 until present we can demand a full accounting not just statements.

4) Lack of Valuable Consideration. Generally, a release must be supported by a valuable consideration,81 and a release can be invalidated by a court of equity on

the basis of lack of consideration alone without any showing of duress, undue influence or

fraud.82 Many fiduciaries will routinely request a release from a beneficiary as a matter of

course. However, Illinois courts have held that an agreement to do that which one is already

under existing legal obligation to do does not constitute adequate consideration for release of

obligation.83

 

. Fiduciary Obligations. A release that is signed by a beneficiary at the

request of a fiduciary must be evaluated in the context of the fiduciary relationship.41 Such

agreements, like all transactions arising out of a fiduciary relationship are subject to the closest

scrutiny by the courts.42 According to Professor Bogert, "Not only do the rules applicable to all

releases with respect to form, consideration, and other matters apply here, but in the case of a

release of a fiduciary special requirements are set by the courts."43 Any direct dealing between a

fiduciary and the person whom he represents is viewed with suspicion.44 In order for a release

signed by the beneficiary in favor of a fiduciary to be upheld, the fiduciary has the burden of

proving the fairness of the arrangement.45

91 Even if a release were a proper item to request from the

beneficiaries, the release would be incapable of being enforced and would be of no value to the

fiduciary, unless the fiduciary makes a full and complete accounting to the beneficiary. "[T]he

rights of a legatee are not foreclosed by the execution of a receipt for a distributive share of the

estate, combined with a release, where the executor withheld from the legatee vital information

on the management and disposal of the estate assets."92 Accordingly, fiduciaries and their

counsel should proceed with caution and only request releases in proper situations after full and

 

Expert:  Richard - Bizlaw replied 3 years ago.

I do not think you understood what I was saying about the brokerage statements. In some cases you can use a brokerage account like a checking account. So every expenditure is clearly reflected. Where you have a $50,000 withdrawal and it is not clear where it went that is where there must be some more clear accounting as you cannot avoid the accounting obligation in this way. That is what I meant when I said if your mother was competent there is nothing to prevent her from accepting the brokerage statements as the accounting if the brokerage statement discloses what all income is coming from and where all expenditures went. If it does not then there must be a disclosure that fully apprises your mother of where the funds went. The trustee cannot avoid his fiduciary duty including the duty to account through the subterfuge of brokerage statements that are not clear on receipt and disbursements of funds. Since the trustee's duty is not limited to his obligation to the grantor but also the beneficiaries, the accounting, whether through brokerage statements, checking account statements or any other device, it still must meet the standards of an accounting.

 

There is nothing to prevent you from challenging the validity of the release especially one that purports to release future wrong doing.

 

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Customer: replied 3 years ago.

Sir,

I believe the statements from William Blair since 1989 show deposits ,withdrawals and balances.My concern is that my mother,who had never seen an accounting as there never was one,was asked to sign something as a routine matter especially witjh the threat from me at the time.If as my aunt says the attorney,did not suggest to my mother she have her own attorney and just acted as if this was routine but under the circumstances with me it would protect everyone.$6.5M my mother would not sweep under the carpet.Also if she really knew that what she was signing would have a severe impact on mye and my family she never ever would have signed ikt and I could bring 32 of her relatives into the courtroom to testify.I took care of my mother physically,emotionally and financially since my father died in 1980.She was afraid to death of my sisters and she only saw them once or twice per month.

 

I believe from everything i have read especially Tood Schaeffer that for a release to be valid and enforceable it takes something more than an 85 years old woman unknowingly siigning away $6.5M "for example how do you explain this. "when the person asking for the release is under a legal obligation to preform what they are asking to be released from the release is invalid" To me that says someone unknowingly signs a release and either finds out later or an interesrted party find out the can invalidate the release if the person asking for the release was legally obligated to preform the duty they asked to be released form. A trust accounting is a legal responsiblity as well as part of the trust contract.How can the release be valid?? This is where I run into a wall.

 

To me there is the whole question of my aunt what was said or not said to my mother,Letizia was not her attorney and we have multiple very serious breaches of fiduciary on his part.The have to come up with something more than a signature.Wjhere is my mothers value for the release.The only thing my mother ever say was a brokers statement.Do you really think she knew that my sisters in addition to a brokers statement were to provide anything else.She needed time to reflect get independant council to advise her.

 

You had mentioned before if we can show wrong doing.How about my mothers living trust holding my 635 shares of stock.Lawsuit settles $500,000 for her trust.Sjhe dosent know and my sisters commit fraud to have her sign a note saying she sold the stock to them.How much more clear cut can you get? Trustees diverting $500,000 from the trust they are trustee of after the value was established.If they want to turn around now and say my mother gifted it to them in spite of the letter says that is a tough one.Two trustees and $500,000 that the grantor gifted to them.They had better have a notebook full of letters and signatures.

 

I just find it difficult to believe that 13 years $6.5M 85 myear old grantor and a corrupt attorney and one signature washes everything away.There has to be more and that is why Todd Schaeffers rules of the road on releases must be followed.

Customer: replied 3 years ago.

Sir,

This was my complaint on Verla K Regnery trust violations.Please tell me where they are right or wrong.

 

 

Violations of the Verla Trust

23. On or about May 18, 1989, the Verla K. Regnery Trust was formed and executed in Hinsdale, Illinois. The Verla Trust along with its Restatements ("Verla Trust") was created for the primary benefit of Verla.

 

24. On or about May 1, 2003, the Verla K. Regnery Trust was amended and restated in its entirety and was executed in Hinsdale, Illinois ("2003 Restatement"). A true and accurate copy of the 2003 Restatement is attached hereto and incorporated herein as Exhibit D .

 

25. The 2003 Restatement was again formed by Verla as Grantor with Gretchen and Lynn designated as Co-Trustees

 

26. The 2003 Restatement was amended to provide that the remainder of the trust estate shall be distributed into equal one-third (1/3) parts to each of the Grantor's three children, with Defendants to receive their portions outright and with Plaintiff to receive his portion in trust, the Frederick W. Regnery Trust of which Lindsay, Fred and Geoff were to serve as Co-Trustees. See, Exhibit D at Art. III, §3.

 

27. Therefore, as Co-Trustees of Plaintiff's Trust, Lindsay, Fred and Geoff are trust beneficiaries and thus, are owed certain fiduciary obligations under the Verla Trust.

28. The 2003 Restatement again provided that the Defendants acting as Co-Trustees, upon written request of a beneficiary were obligated "to render annual statements of the receipts and disbursements and of the financial condition of the trust to such beneficiary." See, Exhibit D at Art. VII, §1(v).

 

29. Despite Plaintiffs' repeated requests for annual accountings of the type required to be rendered under the 2002-2003 Restatements, the Defendants never once rendered a single accounting or supplied any annual accounting statements to them and instead intentionally concealed and withheld such information from them and Verla .

 

See, Exhibit E at Art. I32. As part of their continuing scheme, in or about the summer of 2003, Defendants caused their attorneys, Thomas E. Swaney of the Chicago Law Firm of Sidley Austin Brown & Wood, LLP. ("Sidley"), to prepare blanket releases which were designed to insulate Defendants from liability for their many violations of their duties as Co-Trustees and fiduciaries including their failure to disclose or otherwise account for their spending and ongoing misappropriation of trust funds and assets as Co-Trustees

 

33. As part of the process of selling the family's Hinsdale home in 2003, Verla purchased (through her Trust) and took up residence in an undivided interest in a single family home located in Fairview Village (the "Fairview Village Home"), an assisted living facility in the Village of Downers Grove and within DuPage County. After selling the Hinsdale home, Verla took up residence in the Fairview Village Home which she thereafter maintained as her primary place of residence.

 

In May of 2006 Verla received a letter from Scott Hodes,Freds attorney.Fred was in China.Prior to his departure Fred and his mother reached an agreement on a $3.4m debt going back to the sale of Joanna Western in 1986.Fred had purchased 635 shares in 1981 for $317,000 which his mother financed.He put the stock in his mothers name.In 1986 upon the sale of the company Fred received $600,000 tax free from the one time exemption and an IOU for $3.4.The Hodes settlement for $2.0m was in complete satisfaction of the IOU.Gretchen Wallerich and Lynn Regnery were at Verla's house at the time the letter came and became enraged.They left for their attorneys office.

 

A new 2003 trust was restated releasing them from any loans,advances andgifts since the inception of the trust in 1989,a trust withdrawal of $150,000 was made called "litigation expense" and a trip down town to Sidley Austin.

Expert:  Richard - Bizlaw replied 3 years ago.

I think your complaint is sufficient to cover all the claims. However, if you are going to include the stuff about the $3.4 million debt you need to complete what happened after your sister's got enraged. As written there is no conclusion to that claim.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 3 years ago.

Sir,

It seems as if the Willisam Blair monthly statements only show money coming in and out but without the detail we have an argument.Even if my mother said they were O.K. Someday someone wiiill explain to me Why Todd Shaffers what makes a valid release is not enforceable.Everyone is foot noted with case law.He quotes Bogart.I am sure it is meant to protect the releasor or after him the family.

 

When it says Illinois courts have taken the position that if someone is legally obligated mto do something they can not be released from thart responsibility.Is this really any different than public policy.Would nt a Judge look at someone who had their 85 year old mother go for 13 years with no accounting and suddenly she has to sign a document covering 13 years .That is a little far out especially when this woman has a third benificiary.This is one of eight acts they preformed that anyone would look at as if my sisters a completly dishonest.

Expert:  Richard - Bizlaw replied 3 years ago.

If the statements do not show where the money went it won't hold up as an accounting. Your basic analysis is correct, it is incumbent on the trustees to have acted properly and the lack of a proper accounting makes everything suspect. A release without full disclosure will be thrown out and the brokerage statements do not provide the disclosure required.

 

 

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Customer: replied 3 years ago.

I keep reading about trust principal.It seems thart if is not written in the trust the trustees can not dissipate.They are to make it grow.

 

Lets just look at 1997 to 2007 $6.5M 1997 $2.7M 2007. That is a dissapation of $3.8M of principal in 10 years with an 85 year old sole trustee.

 

The trust reads only my mother can receivee principal and income unless it is in writing.

 

If my mother needed money and had to take it out of principal I could understand it.She at most takes $100K per year.If a Judge saw those numbers he would not believe it.

 

If my sisters had it invested at 2% which would be $100K per year then the are taking $280K out per year in principal.

 

It is crazy but numbers donrt lie.

 

Are they breaching their duty when 2-1/2 years earlier the trust document said to distribute principal?

Expert:  Richard - Bizlaw replied 3 years ago.

Unless there is a compelling reason to continue the trust, they are obligated to distribute the trust principal in accordance with the terms of the trust and the failure to do so without either approval of the beneficiary or a compelling reason would be a breach of their fiduciary duty. They are also obligated to explain what happened to the money. This relates to dissipation and fiduciary obligation to preserve principal.

Customer: replied 3 years ago.

Sir,

We were in court today.My sons were there and because they are plaintiffs the opposition wants to there just for spite.The Judge has continuously said they can sign powers of attormey.Finally she told this guy to bring something on a legal basis.I would rather beat him the the punch.Could you please see if my trustCustomerwith my three children as trustee can sign a POA to me the benificiary. If not could they not sign it over to anm attorney.I dont know what to prepare for the hearing.I think we need to send thiis guy a list so we keep out of trouble from the Judge.

 

1997-2007 balance sheet as we know it.

 

incapacity $420,000 their attorney keeps saying it is a trust contest.

 

14 months spent

 

I came up with another reason the release was void.Almost all of the withdrawals went into a money market where cxhecks were written.Getting the statements from both accounts dosent mean much

Expert:  Richard - Bizlaw replied 3 years ago.

I did not see anything which precludes a trustee from granting another including a beneficiary the authority to negotiate on behalf of the trust a particular settlement in the litigation. The way I would do it is to have the power of attorney given to negotiate a settlement if possible in accordance with the trustees instructions. Those instructions would be separately stated outside the power of attorney and would not be disclosed. This permits you to negotiate on behalf of the trustees but reserves to them the parameters of the settlement that would be acceptable so they exercise their trust responsibilities in that regard and you can go back to them for final approval of any settlement.

 

I am not clear on what hearing you are referring to. I thought there was a settlement conference coming up.

 

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Customer: replied 3 years ago.

Sir,

I just returned and my post to you did not post.The probnlem is in 2003 while in China my sisters drafted a 2003 trust.This removed me as a 1/3 benificiary and rthen created a F .W Regnery trust.They made my children trustees and me the benifciary.No standing.

When I filed this suit and before I told my children they would not be involved.My sister attornety has not let up.The Judge today said show me why the children can not give their POA to their father.I think now to the attorney.Is there any legal reason that my children must be at this settlement conference instead of someone they designate as the power of attorney?

 

I am afraid if I show up with me requests for a settlement I may get in trouble.September 16th after my sisters said yes then no I sent a letter tto the Judge saying I offered to walk away my sisters agreed and then their attorneys convinced them otherwise.Can you help.

 

The games started.My attorney withoiut my permission negotiated with the other side.They never sent us a letter but he sent to.

 

December 3rd .Is the settlement hearing.I dont want to be sitting there bombarded from all sides with $500,000.My way out is to send the opposition telling then for our nmeeting we need 1997-2007 $6.5M to $2.7 please reconcile.From my mothers death until today what was spent bu the fraudulant trustee.From my mothers incapacitation to her death what was spent for her health and welfare.

 

We send this to the opposition and copy the Judge.The Judge will think these are logical questions and prtobable be surprised we already do not have this information.Now we are on the offense instead of the defense for the meeting and probably get anc continuance.

 

Last is six month probate statute versus a tort.Here are a few examples.Please let me know if you think there is any chance this could be classified as a trust contranst.If not they are dead on the incapacitated side.

 

 

in personam judgment against [the defendant], not the probate or annulment of a will").

Expert:  Richard - Bizlaw replied 3 years ago.

Send the request letter as you outlined. However, you spend too much time worrying about whether the judge is mad or not. They did not accept the offer you made so it is not on the table.

 


Was your 1/3 interest in the trust separated out in 2003? If your assets are separated how could they remove money from your trust? If you did not contest that division, why are you hurt by actions taken after 2003 since they could not affect your trust. They were not trustees of your trust.

Customer: replied 3 years ago.

1/3 seperated in 2003.Assets of the trust was nothing that a befificiary.Trustee still controllrd asstts as far as I know as I know..My trust was sill trustee of the trust.my children we the tru

 

As far as my children disignated someone as POA I can see what that was a children

choice.

Expert:  Richard - Bizlaw replied 3 years ago.
The separation of the trust assets is critical. If those assets were separated and your children were named trustees of your trust, how could they remove assets from the trust?
Customer: replied 3 years ago.
The Verla K Regnery living trust had three benificiaries my two sisters and I. In 2003 my sisters unknown to anyone else took my 1/3rd an d changed benificiaries to the F.W.Regnery with my children as trustees and me as the benificiary.I have the trust and the wording but I do not think it was a seperate trust although it look like one in the trust document.
Expert:  Richard - Bizlaw replied 3 years ago.

If your one third went into a separate trust with separate trustees, your assets can be distributed by those trustees now. YOu do not need to ask yoru sisters for anything. What did your other attorneys discuss with you about the significance of this change?

 

 

Customer: replied 3 years ago.

He said nothing.Is it O.K. if I take those few pages and email them to you.

 

 

Sir,

I woke up last night and was concerned about the judge, magistrate and opposition.All are thinking $500,000 if not the opposition will tell them I know it is not binding but here is my idea.

 

We come up with a list of documents we need to completly evaluate our offer.We tell them we were m under the impression they had sent them to our old firm but have not.We copy the magistrate.When she reads it she will assume after two years of litigation that they have already sent these to us.I believe this could turn the whole thing around.If I go forward I have to pay out of freeze the trust.

 

Please let me know if you think anything else has to be added.

 

I dont want to give the opposition another reason for the Judge to get upset with us.Here are the issues.More may come out of the accounting.A lot of these we have a handle on

I would like to get this over to Schmeidel with a copy to the Judge telling him for a productive meeting we must have these.Maybe just ask for an inventory.The Judge will see thids list and feel we or any other

trust plaintiff is entitled to these documents.We put them square of the middle


1.The brokerage statements my mother received do not constituting accounting.Unless she received the payee of each deposit her release was invalid.

Fact 1997 $6.5M 2007 death $2.5M What is needed what we are entitled to.Cancelled money market cheks and statements

2. From their accounting 2006,2007,2008,2009 come up with reasonable expenses 2006-2007 while my mother was living with sisters.

3.Calculate all expenses in 2007,2008,2009,2010 those all come back with damages as fraudulant trustees.

4.$500,000 1998 diversion from mothers trust fraud from Meyers suit and my 635 shares

5.Verify taxes $717,000 ????????

Scott,

Schmeidel says us contesting Lynn and Gretchen as trusrtees is a trust contest.Ask him tpo send you what he relies on so we do not waste a lot of time and money thinking it is a tort.

Customer: replied 3 years ago.

Sir,

I could not only down load a feww pages so I sent the trust so you can deleat Page 2 is designations of trustees, page 7,8 and maybe nine describe the trust.

 

 

If you paste this to the long center bar and enter wait for a few minutes and then down load

 

Thank you.

Customer: replied 3 years ago.
Expert:  Richard - Bizlaw replied 3 years ago.
Unfortunately I could not download the trust from the linked site. As for the trust contest this is just hype by the other attorney. You would contest the trust if you were claiming she was incompetent when she created the trust. When you are accusing the trustee of being a crook that is not a trust contest.
Customer: replied 3 years ago.

Sir,

 

I will try again,

 

Can you help on this.This idiot wont let up on my children.He just sent the Judgfe a letter quoting the trust and trust act 760 speaking to the point that a trustee can not delegate decision making to someone else.If necessary I will have them pull out as plaintiffs.

 

On the document.Make sure to paste it on the long thin browser in the center of the screen at the top.

Expert:  Richard - Bizlaw replied 3 years ago.

The power of attorney I described to you is not a delegation of the Trustee's discretion. It is a direction to negotiate an agreement within the parameters established by the trustees. The holder of the power of attorney has not been delegated the trustees discretion to make decisions. It is no different than when a Board of Directors delegates to its officers the authority to finalize an agreement within the terms established by the Board. The officers do not have the power to make an agreement outside the authorization of the Board and the final agreement is reviewed and approved by the Board just like the final settlement will be reviewed and approved by the trustees. For this reason, you have the authority to grant a third party the power of attorney to negotiate a settlement within the parameters set by the trustees.

 

I got to the site where the document is but what do I do now. I tried hitting the download button a couple of times and that did not work. You need me to walk me through it step by step. Do I have to log in?

 

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Customer: replied 3 years ago.

Sir,

Sorry I sent you the wrong page of the trust

 

To employ,delegateand trustee discresionary or non discresionary durties powers to agents, including but not limited to attorneys,investment advisors appraisers, accountants as trustee deems necessary and proper and pay for such services from trust properties

 

The trustee and trustee act says not to delegate but I am told tjhe language in the trust as long as it does not violate public policy is superior

Expert:  Richard - Bizlaw replied 3 years ago.

You are correct. If the trust authorizes a delegation of power that language will supersede the act unless the act expressly prohibits such a delegation and it does not.

 

 

Customer: replied 3 years ago.

Sir,

Happy Thanksgiving.You have been a big help in keeping me going.I have a new attorney he seems very sharp and he is a CPA and he has a woman whoi is a trust litigator.I either have to work smarter of throw in the towel.Since May of 2007 including trying to help my mother $250KAll tolled this is my 10th attorney.

 

I think I could go down to Miami beach and drink margarita's all day and a check for somewhere in the vacinity of $500.000 would come in.I dont think they can take my inherritance.12/3 is a settlement hearing and my attorney has said and done things he should not.The Judge is going to see thiungs at $500,000 and unless this guy changed mine it was $1.0M it is impossible for my sisters and theior attorneys to come close.

 

I can use tjhe new guy CPA as a reason but I am just wondering.Is the Judge more upset if we have the meeting or if we tell her now that we do not want to waste her tim

e at this point as we are double at least.

 

Your trust within a trust.Individual trustees and trust agreement.Do you feel this legally should have been paid out after the taxes were paid.If so how do we go about getting it.Should the not put back anything they took after the taxes were paid.Once that is resoived the entire ball game changes.We can then start with depositions and then go after the accounting.

Expert:  Richard - Bizlaw replied 3 years ago.

I would not cancel the settlement conference. You can take your position and explain after the rejection you began to relook at everything and realized that the walk away was unacceptable. In short they had a chance to take what you realize is a bad deal for you and since they rejected it you are not reoffering it. Then you or rather your new lawyer can present the facts and that you are in fact entitled to to substantially more than even double what is in the trust.

 

On the trust within the trust, speak to your new lawyer before the conference because what I would insist on is that your trust be distributed to you immediately under the authority of the trustees of that trust who are your children.

 

Then what you are litigating is whether your share of your mother's assets should be larger but you would have the present balance in the trust that is yours.

 

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Customer: replied 3 years ago.

O.K. sounds great.I will go to the hearing.My new attorney is a CPA sound I can use that.On the trust we are going to a settlement conference but I want to force the issue immeadiatlyI already have a motion to pay out the trust and all of the reasons from my last attorney.Do I file it in the federal court? Does that give me the ability to ask to freeze my funds?Do I ask to go back to when taxes were filed and everything since should be put back because it was the sub trust's.I want to take care of that take the deposition and then fight the accounting.They lose.

 

None of my attorneys really have looked at it.If you get a chance look at Todd Schaeffer receipts, releases and imdenifications.he has several points with case law that must be preveland to have a release be valid.If you have a legal durty to preform Illinois courts do not allow a release.Accounting legal duty/

Expert:  Richard - Bizlaw replied 3 years ago.

I want you to discuss the following issues with your new attorney. First, can your children as trustees distribute your trust immediately without any court approval or any other court action. Second, if they cannot, do you move to distribute the trust in the state court and not in the federal court which may not have jurisdiction over this aspect of trust administration.

 

Until these two issues are determined I would not request anything of the federal court. You should be able to develop the strategy and answer on these two things prior to the settlement conference.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 3 years ago.
Sir, Could I sell this to a Judge.My mother lived on a fixed income of $8,000 of which $2,000 went to her brothers and sister Outsie ouf that there is a life insurane premium state and federal taxes and gifts are a problem My sisters dragged her out of her house on January of 2006 with edema 6000 miles in a plane dementia.For the next 14 months even if it were a stranger she woulfd tell them she wanted to go home.My sisters could not afford to let her. My sisters expenses are all over the board, huge legal fees on and on and on. My mother died or mor appropiate put to death 24 months after my mother left home. I can get a gross amount my sisters spent during those 24 months,I have already calculated my mothers at home expenses for the same 24 months. To hit the trust incapacity clause there has to be some kind of bench mark which to me iis home,live in caregiver, now we have the loving daughters,trustees POA health care and trustees.They should give up their own life to protect their mother. So the trustees with a fiduciary obligation to the benificiaries with their mother living with them certainlly should not be any higher for 24 months than my mother living at home? Would the Judge buy off on this if we can show him a figure with my sisters that is so much hiigher than my mothers it should get his attention. Could that evidence possibly go to false imprisonment and financial explotation
Expert:  Richard - Bizlaw replied 3 years ago.
The way to get to this is to use that information to prove why the accounting is needed. You are not going to prove anything at this conference but you will demonstrate what your mother's costs were before your sister's involvement. At that time the burden will be on your sisters to justify any higher expenditure. That is what will take you back to the requirement for the accounting.
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Customer: replied 3 years ago.

Sir,

 

My attornery agrees twith you on the trust.This also a test on input from another attorney.If me the end result is all that matters so give me as much as you can.Some are very resentful.

 

I have spent way too much time calculating and recalculating 14 months od my mothers at home cost versus my sisters and thjen it hit me.My mothers at home cost means absolutly nothing.All that matters is my sisters, trustees and caregivers how much did the take from the trust during those 14 months.If more than my mothers care and benifit they have a problem.How about $350-$400 problem devided by 14.

 

I have been dioong business in China since 1986 and knew onew day I would mary one.Not very gpood thoughts when you have three children and a wife.Anyway I would never put my mother in a nursing home.When I was married my wife immeadiatly calls her mother and hher most important job was taking care of my mother.It would not have cost the estate one cent.My sisters have been givebn at least $4.0M by my mother over the years yet when she is disabled they want $25,000 per month.

 

I am a little concerned about them hiding their assets especially with the attornety they

have.One positive is it is joint and several with co-trustees.

 

Here is another thing I would like clarity on.I am told once you become a trustee (1989) and lets say it ends in 2010.If you are found gilty of breach of fiduciary the Judge can go all the way back to when the first breach began.For instance my sister probablly has a $4.0M ranch and $1.0M.Both in her childrens and and there is no doubt it was in aticipation of this.What is your take on assets prior to judge that were transferred.

 

The trust should be first, Mars deposition second,accounting third and I really like a conspiracy between the and the attorney.I was reading regnery v meyers last night to get a date to compare to the $500,000.The company grew from $500.00 per share to $7500 per share in five years.My cousins got greedy so I had the lawfirm AHCB draft the suit.I was going to use that to block the sale of the company.Had I bought the company it would have rtaken on $50,000,000.The paid my a covenant not to sue so my name is XXXXX XXXXX in the suit.We set some case law.

 

2000 my fathers trust, remove me no warning,first attornney in the pleadings called it fraud.2006, insurance, fraud and forgery, 2006 living trust by fraud.Now the had everything.

Expert:  Richard - Bizlaw replied 3 years ago.

Generally, once a breach of fiduciary duty has occurred, they will review all the transaction prior to the breach as the last breach can be part of a continuing breach. There are exceptions to this but that is generally the approach.

 

It is premature to worry about what your sister did with their assets. Until a breach of duty has been found and they have failed to make good on the damages do you get into tracing their assets. Until you win this case, you are entitled to nothing on that score.

 

Your father's trust is not a part of this case so what happened there is not relevant to this case.

 

 

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Customer: replied 3 years ago.

During life time of the grantor trustee is authorized to distribute entire net income from the trust estate in convienent installments to grantor or otherwise from time to time direct in writing and the trustee shall also distributeto the grantor such part or all of the principal of the trust estate as the grantor shall request in writing from time to time.

 

Lets assume $6.5M 1n 1997 and 2000 the market crashed and my sisters sole everything and put the proceeds or short term bonds.If so they damaged us badly.Lets say the earnings did not come close to the expenditures for the last 10 years which is why it dropped $3.8M.The paragrph from my mothers trust above I think says income and principal to me unless I direct other wise in writing.Secondly can a trustee dramatically reduce the principal of a trust in that fashion.

I read all of these hard and fast rules and laws and a Judge can not alter one word unless it is ambiguous or against public policy.

 

My brother in law told me today $120,000 went out every year to insurance/gifts gifts were smaller in the beginning but increased when the policy was paying down

Expert:  Richard - Bizlaw replied 3 years ago.

These issues all point to the requirement for an accounting. This the trustees cannot avoid because the releases are only valid if there is full and informed disclosure.

 

 

Customer: replied 3 years ago.
Sir, The one attorney is outbound between my children and too many proposal letters.Here is what the old and new are saying.It is not very uplifting.First the want me to sign a whole bunch of resignations,if I ever say anythingf bad about them it could be $150,000 fine.Forget all of that. Here is what the attorneys are telling me.If I dont settle the court will allow them to continue to spend which means I do to.They dont really see a way to stop them or break the trust. When I sit there on Friday 1/3rd of this greatly diminished trust is mine.However these two thieves ,committing fraud to become successor trustees,they can tell me when or if or on what condition I get my share and if I diont like it the con take 1/3 of whart is mione and continue until I have nothing left.I cant believe a good attorney does not have an answer for this
Expert:  Richard - Bizlaw replied 3 years ago.
If your mother is no longer alive what do they have to spend the trust funds on? It can only be the attorneys fees. Is this also the opinion of the new attorney that your best option is settlement?
Customer: replied 3 years ago.

The problem that I wont accept is they did so much wrong and misappropiated so much money that I have to spend my own plus 1/3rd of what is in the trust and can not do anything about.Accounting is a state law.Why cant I take the trust and trustee act to whatever office is appropiate and ask them to enforce the law.

 

Jim Carey is one of the best contested trust litigator in Chicago.A few years back we almost got together.He outlined my whole case but look at this.My sisters go to Sidley and Austin have them draw up the two release documents one for each trust.I was the third trustee on my fathers trust. My sisters gave them rto Letizia and my mother signed them.If this guy is right would that just by itself void the release.Does my mother still have standing?

 

Having stated my relationship with Sidley to provide you context for my comments, I now will give you my opinion that the case against them is very unlikely to succeed. It will come down to whether they Sidley had a duty to you, and/or possibly what duty Sidley had to your mother (that is different than what duties your sisters had as co-trustees--they clearly had duties to you and to your mother that, based on your allegations they have breached). Illinois law is inconsistent on this point--one line of cases (Halas) would conclude that Sidley had a duty, and another (Boatmen's Bank v. Jewish Hospital) would conclude that there is no such duty. In the end, I think a court would determine that Sidley's duty was only to its co-trustee clients, and it was trying to protect them from getting sued. While their clients may have engaged in wrongful conduct, Sidley probably is protected

 

 

Expert:  Richard - Bizlaw replied 3 years ago.
I do not think you have a case against their attorneys. Focus on the trust. You never answered the question I asked.
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Customer: replied 3 years ago.

Sir,

The above post is not about suing.It is the observation of a very good attorney regarding a breach of fiduciary my sisters committed against my mother and I without informing us.

 

You are right the only purpose the trust serves now is legal fee payment.It ms as if settliting is where the are leaning.

 

I think the incapacity is fraud or at least breach of fiduciary.I believe both are cause for trustee removal.

 

I think the only way to continue is to shut down the trust or have my aunt take over

 

With everything my sisters have done it is extremley difficult to believe a court would allow them to continue down the same path

\

Expert:  Richard - Bizlaw replied 3 years ago.
What is the view of your new attorney on the strength of the case?
Customer: replied 3 years ago.

He is very conservative and careful with how he answers my question.For example I say fraud or breach ofd fiduciary brings the defendants legal fees back into the trust.He will say it is up to the Judge

I saw something earlier which I cant find, probate, pour over will living trust.It makes sense since an inter vivos trust is ruled by probate laws.So I suggested he look into this and he thought they could use diversity to bring it back to the federal court and I said I dont think so because of the probate exception.It was the first he had heard of it.

 

I found an old document today from Jim Carry one of the most expected contested trust litigator in Chicago.He said when my sisters went to Sidley Austin to draft the releases they breached their fiduciary to me and my mother.

 

I cant be optomestic about tomorrow so I must look ahead.I need to take a shotgun approach.Take one piece, the easiest to win and forget everything else unmtil you succeed then on to the rest.

 

Here is a list.

1981-1986 $11,000,000 I am still owed $3.4, $1.0M lawsuit, $3.0M insurance trust.

 

1986-1997 $6.5- $6.5 no loss I managed

 

1997-2007 $6.5M -$2.7M $3.8M lost

 

2000 William Blair $1.8M Fraud

 

2000 $700,000 market loss but they lost done

 

2003, 13 year release, 2003 trust two provisions strictly to their advantage,$150,000,sale of the house, breach of fiduciary against my mother and me.

 

2006 11/10 fraud and forgery $3.4M

 

2006 fraudulant trust

 

2006-2007 $400,000 VKR care

 

2007- $420,000 withdrawn by forgery

 

2007- date $450,000 legal fees

 

Expert:  Richard - Bizlaw replied 3 years ago.
You would also break diversity in the state case because you were naming the attorney as a co-conspirator so there would be no diversity. So you are not just relying on a probate exception. I also guess you did not ask for a jury trial. Some of your claims such as breach of fiduciary duty are what are known as legal claims to which you are entitled to a jury trial. Did you waive a jury trial?
Customer: replied 3 years ago.

 

Sir,

 

Today I how known for some time.I am fighting my own money,in a court that does want trust cases and am 0 for five with attorneys with claims I think are great but will a but maybe arn not as good as I think.A Judge who will not want to hear the details of my mothers incapacitation.I think I have too mushg to prove to someone who dosent want to listen and maybe most importantly no one to tell the Judge.It is a system I do not like or trust.Between my mother in Califonia and here in Chicago I have wasted $250K.

 

If I was able to get a good attorney that reviewed my case from inside out I may have stuck around.I have a down side risk on many things I do. This went far far beyond it

my down side.

 

Anyway it has nbeed an enjoyment talking to you and learning from you about the law.

 

I thank you

 

Fred

Expert:  Richard - Bizlaw replied 3 years ago.
I have enjoyed working with you and I wish you well in the future.
Customer: replied 3 years ago.
Sir, In April of 2009 I sign an express contract with an attorney.$20,000 up front to handle my suit on the trust and my mothers abuse and $20,000 for a suit against a company named William Blair. Both suits included 33-1/3% of the proceeds if I prevailed. My mother was never amended as agreed.Two days prior to the statute running out I had to find a second attorney to get pleading on file.The single biggest aspect of my case was proving my mother was incompetent at the time she sign a 2006 trust agreement.The key to proving this was the deposition of the attending neurologists.I pushed as hard as I could for discovery to begin and what I am told takes one month took 14.Once discovery opened I received nothing but lies and excuses on why they were not taken.It was obvious to me he wanted out and created irrenconciable differences.He did and withdrew without opposition.Very few documents very few court appearances.He refused to refund me $20,000 for the Wiilliam Blair suit.It never took one step.Tonight I am served with a complaint asking for $100,000 If possible I would like to send you his complaint and the retainer agreement. 5 pages all together.When we met he clarified one point in writing "recovery" I wanted to make sure he would not try to make a claim of my inheritance.During his stay the trust depreciated $300,000 in legal fees in great part due to Johnson. This means my inherritance was reduced by $100,000 there was no recovery just a greater loss.I contacted the ARDC not long ago regarding the money from the Blair suit.I am sure he is not happy about that. Fred Please let me know if it is ok to try and send these.
Expert:  Richard - Bizlaw replied 3 years ago.
If you can wait a couple of days then I can review them. I am having some problems with my internet connection and a new installation is coming Wed. Who is ARDC? Did you ever get a bill for the the time spent on the two cases prior to withdrawal? Was there any provision for what happened to the fee if there was a withdrawal of representation? Did you suffer any costs, including increased legal fees as a result of the withdrawal?
Customer: replied 3 years ago.

Sir,

I am very sorry somehow I just found this message.This attorney is way out there.I gave him $40,000 for two distince cases and 33-1/3 of any recoveries.The second case never started but he wont return the $20,000.The $40,000 for two cases he referred to as a retainer.I have never received a bill.After signing the agreement I sent him an email just to make sure his fee had nothing to do with my inherritance.He sent me an email, which I have, saying I was right it only applies to recoveries.From the day I met him until the day he left my inherritance was depleated by $125,000.

 

My mothers claim was never amended in as promised.In spite of my constant pushing discovery did nopt open for 14 months.Then for 3-1/2 months he made excuses why we had not taken the depositions.He then went on to create confrontations and withdrew.

 

My case was fully in tact and vibrant when I met this guy.Between the 14 months and his refusal to depose the doctors he put me in the position where I had nmo choice but to settle.Every thing my sisters spent 1/3rd was mine then my costs on top of it.

 

I could not take the risk ,turned down settling after I asked the Judge for it,gone back to court,find a new attorney,all in the hope the Judge will see things my way.

 

If your computer gets fixes and you can look at these few pages I would appreciiate it.I could also send it to JA.

 

Years ago I learned the value of irrevocable trusts.Save taxes and protect from creditors.I have a beautiful lake house in Michigan,probably worth five times what I paid for it.This is in an LLC with four memnbers, I have a trust from my father,irrecovable,the insurance trust I set up irrevocable, I am trustee for my children, and my 1/3rd from my mothers trust is Frederick Regnery trust also irrevocable, my children are trustees and I am the benificiary.My house in Chicago is tennents by the entirity.I do not own anything.

Expert:  Richard - Bizlaw replied 3 years ago.
I am back on line. I have moved so I am between two houses. At my old house I have the instructions for transferring documents and will send it in the morning if that is OK. I can then review it.
Expert:  Richard - Bizlaw replied 3 years ago.

Below are the instructions

 

Thank you for your note. Here are the instructions Customer Support sends a customer for posting their files or graphics on their question page so that the Expert can see them:

For graphics, click the tree icon and then browse to choose a GIF, PNG, or JPG. Upload and then follow the prompts to insert it.

Regarding files, file size is limited to 1 MB. For zip files, PDFs, or spreadsheets, enter text (like "download this") in the reply box and then double-click to highlight it. Click the link icon (it's to the left of the tree icon) and use the browse dialog box to locate your file. Select it and then insert the link. Use the Preview button if you want to test the link and see if it works correctly.

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Customer: replied 3 years ago.

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Sir, was away for a few days.I hope you and your family had a meery Christmas. My attorney things I have an affirmitive defense also the $20,000 he has but never sued William Blair we will sue him.

 

The more I reflect back the more I feel something was wrong almost from the brginning.

 

1.We had a great Judge but my attorney officed with her 25 years earlier.He should never have admitted himself into the case as he never made one appearance in 17 months.They were handled by an associate.

 

2.My case was incapacity and 13 years of no accounting.No question about it.Those were the only priorities and turn the case upside down.

 

3.17 months later no accounting or depositions.Both sisters signed declarations that they had books and records for both trust from inception.My attorney never answered me on why we did not get the records.It never went further.

 

4.My agreement is attatched. Then as an after thought I sent him an email to clarify his 1/3rd was on recoveries only not my inhewrritance .He confirmed. 5.14 months after retaining him discovery opens.For the nmnext 3-1/2 months he refused to take the depositions.When he ran out of excuses he withdrew and tried to make it look like my fault.

 

6.Without a doubt he was the reason I had to settle.I did not have an attorney,I continued to depleat my funds and my sisters our inheritance

 

7.13 years of accounting and $1.2M of withdrawals after my mothers incapacity,$450K of personal legal fees.

 

 

The attorney my sisters used had full access to my mothers trust fund

Expert:  Richard - Bizlaw replied 3 years ago.
I got the file. I will review it and get back to you.
Expert:  Richard - Bizlaw replied 3 years ago.

You should demand billing for services rendered to see the time he spent on the case. Your settlement did not get more than your inheritance so on the basis of the agreement as clarified in the emails there is no recovery against which to apply the contingent fee amount. Further, if the William Blair suit was never filed what was the $20,000 paid for. I am also troubled by the fact that the $20,000 retainer only gets applied to the contingent fee to the extent of $10,000. You need to see the billing so you can see what his direct charges were that were applied against the retainer.

 

Sorry for the delay but my computer got fried in a power outage and I am just getting back online.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
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Customer: replied 3 years ago.

Sir,

I am very sorry.I have been preoccupied and frusterated trying to find the right people to manage my money.I guess it is a nice problem to have.

 

I am convinced the attorney has documents already made out showing some rediculous amount of time on the trust case.

 

On William Blair.Not one email letter or discussion in his office.I have another attorney to verify this.He quit I did not fire him even constructively I can prove this wiith emails and the neutral attorney.

 

I completly forgot in my original meeting about the 33-1/3 only applying to recoveries not my inherritance.Who in their right mind would think 1`.You pay an attorney a retainer on a contingency fee of 33-1/3 then if he loses the case you pay for the number off hours he put into the case.I would ventire to say that would be a first anywhere.You cant have it both ways.

 

I sent the ARDC a letter prrimarily on the $20,000.The responed they cant collect for me however I got the feeling my ex attorney was a problem.

 

I just wrote another letter to the ARDC this time going through what he did to ruin my case.I will also send it to the Illinois and Chicago bar.

 

A retainer, 33-1/3 contiongency and a case that never began for $20,000.How can this man show these documeents to the Judge and expect to get anywhere.I also have a witness another attorney.]

 

If you dont mind I would like you to see the letter I have written before I send it.I believve I have a $20,000 cross claim and maybe mal practice.

Customer: replied 3 years ago.

Dear Mr.Needles,

 

Not long ago I wrote to the ARDC regarding XXXXX XXXXX an attorney.I understand now why you can not help me collect the money he owes me and I will take care of that on my own.

 

Mr.Johnson just filed the attached lawsuit.There is no foundation and it was done out of spite.Somehow after giving Mr.JJohnson $40,000 and 1/3rd of any recovery,he confirms his 1/3 would only come out of recoveries not my inheritance.He now has filed an outlandish suit against me claiming I owe him 1/3rd of my inheritance.My inheritance was $150,000 less than when I first met Mr Johnson.An attorney officed across the street from the court house can draft and file a lawsuit quickly.Mr.Johnson now forces me to retain and pay yet another attorney to defend me.

 

A major issue when I first met Mr.Johnson was amending my complaint to include my mothers elder abuse.He completely agreed.This was April the statute of limitation ran out on November 2nd.All along I was given excuses but don't worry we will amend the complaint.On November 1st. Mr.Johnson and his assistant had done nothing on the amendment.This was the best part of my case.I had to use an outside attorney at the last minute to draft the pleading.Mr.Johnson had no valid reason why he had not done it

 

. Any rational human being looking at our original agreement, clarifying the inheritance and reading his complaint I think they would conclude this is nothing but harassment for reporting him to the ARDC.I have numerous emails showing Mr.Johnson resigned I did not fire him My concern is how he handled and mishandled my case.When I met Mr.Johnson in April of 2009 there was an accounting suit in the federal court of Chicago already on file from my previous attorney.There was an abuse case of my mother to be amended with the case on file.

 

Mr.Johnson knew and accepted in April that we had two immediate priorities.1.Take the deposition of two neurologists to conclusively prove my mother was incapacitated at the time she was forced to sign a trust amendment.2.There was no trust accounting for 1href="http://www.justanswer.com/business-law/46to1-bizlaw-sir-please-let-know-payments-system.html years and to get to the bottom of what was missing from the trust we needed to get court approval to compel the accounting.We needed for discovery to start ASAP.This is still April of 2009. For 18 years the trustees had never accounted.They signed declarations that they both had the books and records from the inception of the trust.When Mr.Johnson's assistance asked the opposing attorney where the documents were he told her his clients lost them.Without accounting I never would have filed my suit.No Mr.Johnson with declarations in hand does not even go to the Judge or Magistrate to compel the defendants to turn over the accountings that their declarations confirmeed

 

It turns out that Mr.Johnson officed with the Judge 25 years earlier.Rather than use someone from his office or my current attorney he admitted himself into the case.Three months later the Judge recused herself from the case.It is still unknown why she did this or why Mr.Johnson admitted himself when he never had any intention and never took one step into the courtroom .This is a mystery to me and the other attorneys involved in the case.This was my first indication that something was not right. The opposition submitted three years of accounting.The Judge agreed with us and rejected the accounting.This was June of 2009.My case was settled two weeks ago or approximately 1-1/2 years later and Mr.Johnson never once has requested the opposition to resubmit the faulty accounting.This was my second warning.I was quite anxious at this time to begin discovery rule 26.My attorney friends told me it should have happened shortly after the filing.This is still June 2009.I received one excuse after another from Mr.Johnson and his associate on why rule 26 had not been taken.This is still June of 2009.Again I had concerns about Mr.Johnson.

 

The accounting or even the request did not happen after 17 months after Mr.Johnson had resigned.The discovery took 14 months to open with nothing but excuses along the way.It was more than frustrating.At this point my suspicions about Mr.Johnson became deeper.The icing on the cake was four months after discovery opened until Mr.Johnson's resignation he refused and made excuses why he would not depose the neurologists.17 months after I engaged Mr.Johnson's services he failed to amend my mothers case into what we had filed,he failed to even file a motion for accounting and he failed to schedule and take two depositions that would have changed the course of our entire case.

 

At the end of our relationship it was no different than when I first met We needed to file a motion for an accounting and push for discovery. Two depositions would have removed the current co-successor trustees and put in place my Aunt who was the the lawful successor trustee.At stake was a minimum of $2.225M however Mr.Johnson decided to not file for the accounting and to take the depositions of the two neurologists

 

. Now out of spite Mr.Johnson files a lawsuit against me for $100,000.I have the agreement we both signed in April of 2009.I have the written understanding we entered into a few days later that his contingency did not include my inheritance.I have one witness who was an attorney for the first week of our engagement as a witness and I have another witness who is also an attorney who was with me in every meeting and copied on every email that will support what I have just told to you. What I received from my mothers estate was $150M less that what it would have been prior to my engagement with Mr.Johnson. Still somehow he feels I owe him $100K.This is nothing other than a dishonest attorney trying to black mail his ex -client.Please ask Mr.Johnson to show you anything to support his position.

 

Mr.Johnson failed to represent his client and forced his client into settling his lawsuits.Mr.Johnson knew that I would be unable to bring in a new attorney when I had signed a contingency agreement with him. Mr.Johnson is an incompetent unethical attorney that is looking for a free ride.Maybe it is two free rides. For the first five months I had an outside attorney working on the case.After Mr.Johnson agreed to pay him for the last two months but did not he left.There was a second attorney I brought into the case in the very beginning and kept until the conclusion of Mr.Johnson's representation with me.He attended every meeting and was copied on every email.He saw and heard everything I have just told you and thoughts Mr.Johnson had no interest in my case. Mr.Johnson signed into my case.We had a very good Judge.Mr.Johnson in the 17 months that he represented me never stepped foot in the court room.Mr.Johnson had a conflict with this Judge but told me not to worry.I believe Mr.Johnson knew at the time he would not be involved in my case.Knowing about the conflict between Mr.Johnson and the Judge why would he admit himself into the case? This is one of manuy answers Mr.Johnson did not or could not answer during the 17 months he represented me.

Expert:  Richard - Bizlaw replied 3 years ago.
I think the letter is fine. You should send it.
Customer: replied 3 years ago.

Sir, I am trying to determine how to invest the three trusts I now have to make them tax efficient.From 5/31-date every attorney I have hired was hired with the purpose of determining what the estate was and making sure I received my fair share.Of course trying to to help my mother was included.Fraud, breach of fiduciary duty and forgery were also involved.I pulled this from an article I read and am wondering if you think my legal fees are deductible.

 

One more thing.I have unfortunately settled A Judge, my legal fees and legal fees taken from my share of the trust.A federal court 79 year old Judge wanted nothing to do with this and made that crystal clear to my attorney (plaintiff) several times.Not freezing the trust was the first telling sign. What happened to my mother and the 3-1/2 years that ensued could only happen in America. One more question.My sisters paid the IRS $717,000.There was $2.7M, $2.0M deductible and on the remaining $700K only 40% is owing, the IRS.I have tried to get a copy of the return to no avail. The only attorney who has a copy is the one that just filed suit.Any idea on how to get a copy. Second question. If I get a copy it must show how the tax was computed.If my sisters took gifts along the way they did not disclose how does that effect the settlement agreement.If I feel after reviewing the return we

"Expenses are fully deductible on Form 1041 if they would not have been incurred if the property were not held by the estate or trust:
- Trustee and personal representative estate or trust fees (Line 12).
- Attorney and accountant fees for estate or trust administration (Line 14).
- Form 1041 estate or trust tax return preparation (Line 14).
- Fiduciary bonds, court fees, court-required appraisal fees, and other required expenses of the estate or trust (Line 15a).

Expenses that would have been incurred in the absence of an estate or trust are miscellaneous itemized deductions subject to 2% AGI Limitation (Line 15b).
- Legal fees and other costs for collection of estate or trust income,
- Investment expenses and advise, including expenses for managing, conserving, and maintaining estate or trust property.
- Tax return preparation and advice. Fees for preparing the decedent's final Form 1040 and other returns."

Expert:  Richard - Bizlaw replied 3 years ago.

As a general rule you cannot deduct legal fees if the matter over which the dispute arises does not generate taxable income. Since your inheritance is not taxable income the fees incurred in getting it are not tax deductible. I do not know how to get the tax return because normally only the fiduciary can obtain a copy. Also, if you settled and signed a release you would have released any claim that would have been asserted in the litigation so it seems a superfluous effort.

 

Richard - Bizlaw, Attorney
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Customer: replied 3 years ago.

Sir,

A few days after I sent you the email regarding taxes my accountant sent me this.I hope he is right

 

"Expenses are fully deductible on Form 1041 if they would not have been incurred if the property were not held by the estate or trust:
- Trustee and personal representative estate or trust fees (Line 12).
- Attorney and accountant fees for estate or trust administration (Line 14).
- Form 1041 estate or trust tax return preparation (Line 14).
- Fiduciary bonds, court fees, court-required appraisal fees, and other required expenses of the estate or trust (Line 15a).

 

The attorney I have for my ex attorneys lawsuit is making it soungd to complicated, affirimative answer,discovery, depositions could be two years.He wants a retainer and $250.00 per hour.I have an express contract he owes my $20,000 for the william blair portion.I notified the ARDC,

 

Prior to that there was no mention of a suit with there withdrawal.Nothing tio me that I owed him money.Une thing he talks acout is constructive release.I have emails at the end asking for meetings when he became indifferent.

 

The contract just to make sure was followed by an email by me telling him my inherritance is not part of the 35% He agreed I have his email.I had $150,000 less than when I met him.Every important step in our suit he ignored.The two most apparent.He Mars report anmnd the books and records which myy sisters signed an affadavit stating the had them but my lawyer, after the opposition refused, never went to the Jude with a motion to compel.

 

In my opinion this is a frivolus lawsuit,I told my attorney to file an motion to dismiss.Do you have any thoughts to keep this from going out of control.The case is the retainer agreement and two emails to settle recovery not inherritance.He cant show I fired him but I can show how his actions cost me $150,000.

 

In my opinion this happened because of my ARDC complaint and he did not like that.If I am wrong there would have been signs of it coming as well in his request to be dismissed.

 

 

Customer: replied 3 years ago.

Sir,

 

I forgot.The retainer agreement clearly states contingency.I clarified it did not include my inherritance.In fact my inherritance went down $150K during his stay.I believe the biggest obsticle they will have is this.

 

If you wwin you receive 33-1/3rd % If you lose you get paid you normal hourly rate. I do not think a Judge will allow an attorney to have it both ways.

Expert:  Richard - Bizlaw replied 3 years ago.

I think you move to dismiss on the basis that there was no recovery. I saw the correspondence excluding the inheritance from the definition of recovery. He you lose on the dismissal, you can counterclaim for mal practice to apply pressure and seek to have the matter arbitrated by the BAr Association fee dispute section.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 3 years ago.

Sir,

We somewhat went through this before.I thing the plaintiff must preform the work that was agreed upon.If not and he leaves before the job is done he can ask for quantum merit.

 

My attornety was hired and agreed to .amending my mother into pour complaint,freeze or dispiurse the assets(he tried so this may be week) secure an accounting for 18 years.After my sisters signed declaration asaying they maintained books and records from the trust inception he did not ask the Judge for an order to compel.This is one of two keys of our case. The second was to resind the 2006 trust.SAfter discovery began he refused to take the depositions.He agreed to hire a trust attorney for the federal court.Insead he used his associatee.There is more but this is most of it.

 

I think the last paragraph sums it up.

 

Second problem.I had a lawyer for my aunt as executor he also became involved in my case.When I dold him not to he sent two settlement proposals to the opposition.These locked me into the srettlement amount.He was not paid by the hour.In total for two years I gave him $35,000 for not doing much

 

For this he wants an hourly rare $250.00 and a retai ner.He tells he he is not sure how long this will go on maybe as much as two years.My ex attorney has a very weak case maybe no case at all.Any thoughts on how I should approach this attorney.

 

In the order to dismiss do I itemize the acts he agreed to perform but did not.

 

QUANTUM MERUIT

As much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from, the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his declaration that the defendant promised to pay him as much as he reasonably deserved, and then aver that his trouble was worth sucli a sum of money, which the defendant has omitted to pay. This is called an assumpsit on a quantum meruit.

 

When there is an express contract for a stipulated amount and mode of compensation for services, the plaintiff cannot abandon the contract and resort to an action for a quantum meruit on an implied assumpsit.

 

Customer: replied 3 years ago.

http://www.mediafire.com/?9teub34qv728ow0

 

I can not find out if my payment went through.If not please let me know.

Expert:  Richard - Bizlaw replied 3 years ago.
I received the payment on the 5th thank you. The starting point for the dismissal is that he was to get a percentage of the recovery other than your inheritance. In the settlement all you got was your inheritance there was no other recovery so a percentage of 0 is $0. That is the first point and then you can go into the failure to perform and the non filing of the second suit.
Richard - Bizlaw, Attorney
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Customer: replied 3 years ago.
You should have received one today.He failed to fulfil his contract.I do not understand why the onlt real points of my suit thatr were sitting there how an attorrney walk away without conquence.The bkooks,records from inception we had two declarations.Those are who we determing our loss.There is not even a motion to compel.The 2006 trust I had every piece in place in fact we may not have needed the deposition however he refused to take themThose were outr case he was the attorney and the both were an arms length away but he choose to ignor them.Him quitting when he did was the kiss of dearth.I am going to bring soneone in New and take two months to get upp to speed with a unhappy Judge?I had to settle My mother was a whole mother case.Isn't an attorney held accountable for such case bvbreaking issues?
Expert:  Richard - Bizlaw replied 3 years ago.

The things you raise are the basis for a mal practice claim and you should speak to a mal practice attorney to see if they will pursue the matter on a contingency. That is the consequence of failing to perform as a competent attorney is expected to perform. That is a claim that is independent of the dispute that any fees are owed to him. You can assert it as a counter claim in the present action or you can bring a separate action. You have to time to decide and seek an attorney because if you make a motion to dismiss you do not need to answer the complaint until the motion is resolved.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8684
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 3 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

The dollar value in damages could be justified.I just don't understand when you meet an attorney and reach an agreement why he does not honor that.I guess I do this is my eight one.

 

Forget my mothers case for a minute he probably could come up with a million reasons

 

But. 18 years of no accounting finally we get three but they are rejected by the Judge how can an attorney after that for one year not demand not only the three years but the 18 as well.That is $6.5M of withdrawals

 

Then as my sisters are emptying the trust in legal fees. my aunt, my brother in law came to his office to reinforce my mothers incapacity as well as the documents from the Mars clinic,getting pushed every day from my can he possible not give the deposition to the doctors.

 

This means my sisters are out my aunt is in.$450,000 maybe they must put back.My aunt demands an accounting,she forces them to repay anything over and above my mothers care for the last 14 months of my mothers life.The opposition was so concerned they threatened Mars many times.

 

Forget the fact it took 14 months to open discovery which was what he wanted.I can not prove that and he would have excuses.But after discovery for three months refuses to take the depositions.

 

I just do not know in 17 months not even trying to get an accounting when our pleadings were accounting pleadings.The first Judge denied three years but that was it.Then we have two declarations from my sisters we have the books and records how does he excuse himself on the accounting issue and the depositions of the doctors.

 

Also we spent quite some time regarding breaking diversity.Many others supported the same notion.He refused to even try.

 

If you think there is something there I will look for an attorney to talk to if not I will forget it.

Expert:  Richard - Bizlaw replied 3 years ago.

It would not hurt to talk to a malpractice specialist. I am concerned about proving that but for his actions you would have prevailed at trial since it never got that far. See if an attorney will take it on a contingency basis only. If not it is because it is not a clear cut case.

 

 

Richard - Bizlaw, Attorney
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Satisfied Customers: 8684
Experience: 30 years of corporate, litigation and international law
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Customer: replied 3 years ago.

Sir,

 

It has been a long time I hope all is well.If you would could you please review this letter prior to me sending it to the ARDC.A mal practice suit is not an option to me.My experiences with attorneys and Judges over the last three years has proven to me that our legal system has followed the rest of the sad evolution of our country.

 

I refuse to be exploited by an opposing attorney and my own attorney for something that is so blatently done out of spite and harrasement.

 

Also if you have the time I would like to explain to amn idea of have to hopefully solve some of the enormus problems our country is faced with today

 

Dear Mr. Needles,

 

Some time ago I filled a complaint with the ARDC concerning what I believed to be malpractice on the part of my last and final attorney Mr. XXXXX XXXXX.

I received a letter from your office stating that after investigating my complaint you did not feel that Mr. Johnson violated your code of ethics and my complaint had been disposed of.

Sometime later Mr. Johnson filed a suit against me for $100,000 stating this is what I owed him after my court case had been settled.

Mr. Johnson had an associate file this suit against me in the Cook County Court. It probably took Mr. Johnson 1/2 hour to draft the complaint.

Of course I must defend myself and have engaged an attorney to handle the case. Nothing much has taken place in the suit thus far except answering Mr. Johnson's complaint and filing a motion to dismiss. Mr. Johnson has requested I provide him with 17 months of emails that he sent to me or I sent to him. Mr. Johnson has these emails not only in his computer but as he told me long ago he copies and files each email received or sent. This in itself shows all that Mr. Johnson is attempting to run up legal fees and eventually try to force me to settle.

Thus far I have incurred legal fees in the amount of $3,950.00 related to his lawsuit which has not gone beyond answering Mr. Johnson's allegations and filing for a motion to dismiss his suit.

I can prove what I have said and have a credible witness, Scott Marsik, an attorney from Westmont Illinois. Scott has work with me starting long before I engaged Mr. Johnson's services .Most of my meetings with Mr. Johnson Mr. Marsik attended as well as Mr. Marsik making and receiving numerous phone calls to and from Mr. Johnson and his associate Julie. Mr. Marsik is aware of every detail of my association with Mr. Johnson

My suit against my mother's trustees was originally filed in Du Page County. I hired Paul Dizerkas and Zachery Bravos to defend me. The case was remanded to the Federal district court of Chicago based on diversity of citizens that was filed by my opposition.

I met Mr. Johnson in April of 2009 and we came to an agreement and in fact we signed an express contract, I had two cases. One was against the trustees of my mother's trust the second against a brokerage house that allowed monies to be transferred from my mother's trust with the knowledge or consent of one the trustees.

Part of the trust suit was an action filed by my mother's executor for elder abuse. I continually asked Mr. Johnson where we stood on the complaint of the abuse. He assured me it would be taken care of. Three days before the statute of limitations ran out I was in Mr. Johnson's office with Mr. Bravos, Mr. Marsik, Julie and Mr. Johnson.

I asked where the complaint for elder abuse was. I was told research had been done and there was no cause of action for elder abuse. I was insulted. I had worked for two years collecting evidence, paying doctors and attorneys to help me put the case together. At last count I had over 1000 documents most if not all in Mr. Johnson's hands. Mr. Johnson knew from my first meeting with him that this suit was the most important part of my case to me. Putting money back in the trust is one thing but my mother's death by abuse was quite another.

I believe any attorney, not just an elder attorney knows there is not a cause of action called elder abuse. Neglect, Isolation and probably 10 more forms of abuse are the causes of action Elder abuse is an umbrella that covers the various forms of abuse.

No one had any answers to where the pleadings were. Finally, it came out there was none? Scott Marsik in a few days without the backup documents or much of the abuse history filed the suit in DuPage County. Later were given leave to amend. Mr. Johnson insisted on drafting the new complaint. It was filed before my review. It was denied.

If you read Mr. Johnson's new complaint, compared it to the facts and documents that he was given I believe you would realize Mr. Johnson was not too interested in the case or did not intend to have it heard. It was not a case we lost we lost the ability to have it heard.

I had four forged documents, two neurological examinations and their results, hospital reports, hospice reports, doctor examinations and the toxic drugs that replaced my mother's heart medications. Surely if Mr. Johnson wanted to try this case much of the evidence I had would have allowed us at least have our day in court.

My contract with Mr. Johnson contract called for a one time retainer each case of $20,000 The suit against the trustee of my mother's trust and any action taken by the executor and 1/3rd of any recoveries. The second retainer of $20,000 was to be used to prosecute the Chicago Investment firm.

Although the express contract contained both cases in the same two documents they were two independent cases.

At that time or any time after my mother's death I could have dropped any action against the trustees and received my inheritance. At the time I met Mr. Johnson my 1/3rd share would have been $600,000 or more.

We wrote out on a piece of paper the agreement and both signed it.It crystal clear to both Mr. Johnson and I that the 1/3rd of recoveries did not include my inheritance. It was for recoveries only. He was to memorialize our signed agreement into a more formal agreement which he did. I signed it but also sent an email to him making sure as per or original conversation recoveries did do include my inheritance. I will try to quote as close as I can " laughter, wouldn't it be nice to have a contingency agreement and also if you lost the case you would be paid by the hour "I then later in my email box was his reply that the contingencies applied to recoveries only.

.

My inheritance was never in question. The lawsuit we filed was based on the lack of trust accounting for 18 years and some $6.0M that was not accounted for. The case was also based on my mother's legal incapacity mother being declared legally incompetent prior to her signing a new trust agreement. I knew nothing about this as I was in China at the time.

My case was quite simple and discovery was all that was necessary to support my position. The financial documents were being held by the trustees or at least their declaration stated that and the two neurologists that examined my mother and declared her legally incompetent needed to be deposed. That was my case.

After signing my agreement with Mr. Johnson he informed me that our Judge, Judge Bucklo office with him 25 years earlier but not to worry as it would not be a conflict. I asked him to determine in the beginning if there would be a problem and if so I may have to find another attorney.

As Mr.Bravos had some background in my case I thought he could bring Mr. Johnson up to speed. I agreed to pay Mr.Bravos temporarily. As time passed Mr.Bravos was the only attorney working on my case so instance I was paying two attorneys to perform the same function.

I finally called Mr. Johnson and told him I was no longer going to pay Mr.Bravos. Mr.Bravos told me he would be working on the case over the weekend. Johnson told me to call Mr.Bravos over the and instruct him not to put any more time into the case and Mr. Johnson said he would call Mr.Bravos on Monday and work out some financial arrangement on Monday that would not involve me.

Things went on as usual and I was glad Mr.Bravos continued on as Mr. Johnson had not yet come to grips with my two cases. Mr.Bravos continued to work and Julie Mr. Johnson associate. Mr. Johnson's only involvement in my cases from start to finish was our every two week meeting. Scott Marsik Was present at most of them.

I thought Mr. Johnson was of record on my case but apparently Mr.Bravos and Mr. Johnson's assistant Julie were the only attorneys of record. Sometime much later I find Mr. Johnson became a record of attorney in my case. Sometime later Judge Bucklo recused herself based on her prior relationship with Mr. Johnson. This created a major problem in my mind. Our case was moving quite rapidly and I sensed the Judge was picking up on things quickly.

Mr. Johnson had an obligation to me before accepting my $40,000 and a signed contract to determine if there would be a conflict with Judge Bucklo. If Judge Bucklo said there would be a conflict I could have found and retained another attorney. Mr. Johnson did not sign on as my attorney of record and did not in the beginning determine with Judge Bucklo Johnson if there would be a conflict of interest. Mr. Johnson did not contact Judge Bucklo prior to our engagement. When he told me there would be not being a conflict I believed him.

Judge Marovich I believe 78 years old became our new Judge and it took a long time before he actually had his first meeting with us I was concerned. From the day he took over until I withdrew my suit Judge Marovich insisted the case be settled. I was fully aware as being the plaintiff if I refused to settle it may injure my case.

As I stated earlier my case centered around discovery without it I did not have a case. Mr. Marsik, Mr. Bravos, Julie and Mr. Johnson were fully aware of that.

I was told on the outside we could begin discovery within 60 days retained Mr. Johnson on April 15th 2009.Things were not moving in the right direction and we were not getting any closer to opening discovery. After Judge Bucklo resigned Mr. Johnson said we must wait for the new Judge to be assigned to continue working toward discovery. This cost us at least 2 months. I am informed by a third party discovery should have continued with the Magistrate. Certainly Mr. Johnson knew this so why did him my case to sit dormant for two months?

Mr. Bravos informed me he would be working on my case over one weekend. I called Mr. Johnson and told him I was not going to continue paying Mr. Bravos. Mr. Johnson told me to tell Mr. Bravos to not work over the weekend and on Monday Mr. Johnson would work out a new financial agreement with Mr. Bravos.

I made it perfectly clear to Mr. Johnson I was not going to pay Mr. Bravos from that day forward and if he continued with Mr. Bravos he would be responsible for any future billings. Mr. Marsik was also aware of the fact I was no longer paying Mr. Bravos. Later Mr. Johnson told me everything was settled with Mr. Bravos.

Sometime later I received a bill from Mr. Bravos for $6,000 I called him only to find out Mr. Bravos had never reached an agreement with Mr. Johnson for future services and was surprised Mr. Johnson had not informed me of this.

After receiving the bill and the subsequent phone call I made to Mr. Bravos I was quite upset. Johnson asked me to bring the bill down to his office as there was a misunderstanding that he would take care of and yes I did not owe Mr. Bravos $6,000. Mr. Johnson asked me for the bill and told Mr. Marsik and me he would take care of it and yes I did not owe Mr. Bravos $6,000.

Mr. Johnson did not reach an agreement with Mr. Bravos but intentional withheld this information from media was lead to believe things had been resolved between Mr. Johnson and Mr. Bravos. When Mr. Bravos continued to work on the case I was lead to believe Mr. Johnson had reached an agreement with Mr. Johnson.

This is one of many unethical things Mr. Johnson did throughout the case. When Mr.Bravos refused Mr. Johnson's offer six weeks earlier Mr. Johnson should have immediately told me and I would have released Mr.Bravos.

Mr. Johnson was well aware of the retainer agreement between Mr. Dizerkas, Mr. Bravos and me. By continuing to mislead me and continuing to use Mr. Bravos Mr. Johnson knew eventually I would be held responsible for the legal bills from Mr. Dizerkas and Mr.Bravos. Mr. Johnson wanted Mr.Bravos to continue to handle the case but wanted me to believe he would be paying him.

Finally, Mr. Bravos told me he would have to resign from the case for lack of payment. Mr.Bravos made it clear to me he had refused Mr. Johnson's previous offer. Johnson never paid Mr.Bravos as promised and when the case was closed Mr. Dizerkas and Mr.Bravos sued me for $6000.This was Mr. Johnson's obligation to pay however since he did not sign the retainer agreement he knew he would not be liable for the payment. I could make him a third party in his suit with me however the suite against me is frivolous, was filed in my opinion because I reported his conduct to the ARDC.

From April of 2009 until June of 2010 discover had not opened. I received one excuse after another from Mr. Johnson as to the reasons. Finally it opened. File an order to compel the production of the trust records and take two depositions .Mr. Johnson failed and finally refused to do either. I was quite upset.

Finally Mr. Johnson without my knowledge or consent made an agreement with the opposition to hold off discovery until the Judge ruled on which plaintiff had standing to bring the suit.

Mr. Johnson knew this was a stalling tactic on the part of the opposition and that my children who in fact filed the suit had standing to sue the trustee. Why would Mr. Johnson make an agreement with the devil to hold off discovery and by doing so it would damage our case?

Mr. Johnson did not want to file with the court a motion to compel the trustees to release the trust documents and to take two depositions. By refusing to do this he violated his fiduciary duty to his client and was well on the way to damage my case. He was successful.

Mr. Johnson, Mr. Marsik, Julie, Mr. Bravos were all aware of the fact my case rested on the neurologists depositions and the trust records. We discussed this several times.

During the time we were in front of Judge Marovich I asked Mr. Johnson to do two things. Appeal a ruling that my sisters were allowed by Judge Marovich to use trust funds for their defense. Mr. Johnson refused. At that point my sisters had withdrawn $450,000 of trust funds for their defense while I had spent $250,000 of my own money.

I told Mr. Johnson not once but several times to file suit against the cook county financial institution that was part of my retainer agreement. By doing so it would have destroyed diversity and the case would be remanded back to the state court in Du Page County. He continually refused in spite of second and third legal opinions I sought out that said it certainly should have been attempted

Mr. Johnson apparently was having some unofficial settlement discussions with the opposition and subsequent to that he discussed them with Mr. Marsik. Mr. Marsik informed Mr. Johnson if the cases were settled as proposed Mr. Johnson would not receive any money from the contingent fee agreement. According to Mr. Marsik Mr. Johnson said yes I am aware of that.

Mr. Johnson senses that the case was coming to a close, had three months to start the discovery, and knew he had run out of excuses for his reasons to not depose the neurologists and compel the trustees to turn over the records of the trust.

He resigned but did not state there were legal fees owed to him in his petition.

From the $600,000 I could have taken as my 1/3rd of my inheritance, when I met Mr. Johnson I received $480,000 from which Mr. Marsik was paid $20,000.

After the suit was concluded and dismissed me asked Mr. Johnson returns the $20,000 from the suit against the Chicago financial institution that he never filed. He refused to return it which prompted my first letter that I sent to you.

After you concluded my complaint against Mr. Johnson was not warranted he filed suit against me for $100,000 it was a one or two page complaint filled with nothing but false hoods.

I think all that has happened is that we answered their allegations and filed a pleading to have the case dismissed. Now I am being asked amongst other things to produce 16 months of emails that Mr. Johnson has in his possession.

These are the reasons I am requesting the ARDC to take action against Mr. Johnson.

5. Mr.Johnson and I signed an express contract .There is nothing in that contract that calls for 1/3rd of my inheritance. There is a letter however where Mr. Johnson admitted that his 1/3rd only covered recoveries.

In April of 2009 I retained Mr. Johnson and paid him $40,000 to prosecute two cases. He prosecuted neither. We had an express contract clearly stating that if we prevailed in either suit Mr. Johnson would receive 1/3rd of any recoveries and return my retainers. Mr. Johnson, Mr. Marsik, Julie, Mr. Bravos all knew and the contract and subsequent confirmations Mr. Johnson that recoveries did not include my inheritance.

1. I have spoken to many attorneys regarding this suit and all to a person said what Mr. Johnson kiddingly told me on the phone. You can have a contingency agreement with a client and if the case is lost the attorney would be paid by the hour for the time he had put into the case.

2.Mr. Johnson should have to produce a document, email or some other form of proof I had agreed to pay him 1/3rd of my inheritance before he could file the suit.

3.At the time I met Mr. Johnson my inheritance would have been $600,000. Please ask Mr. Johnson to produce any document filed by us or the opposition that indicates my inheritance was ever in question.

4. My Johnson allowed the opposition to delay discovery for 14 months. Once it was opened he refused to file an order to compel the turnover of the records by the trustees and refused to take the neurologist deposition

4. His failure to pay Zachary Bravos as promised to Scott Marsik and me.

5. Withdrawing from my case causing me to withdraw my suit.

6. His failure to determine if he would have a conflict with Judge Bucklo, telling me of the potential problem after I paid him $40,000 but assured me there would not be a problem

7 His refusal to appeal the ruling allowing my sisters to continuing to use trust funds for their defense.

8.His refusal to try and change the venue to the state court by breaking diversity and bringing in to the case an Illinois corporation that in fact we had a binding contract stating he would prosecute this same Illinois corporation.

9. Upon resignation if there were any legal fee disputes it would have had to be noted on his motion to with draw. It was not.

I have sent you complaints about past attorneys primarily because of their charges and not advancing my case. Mr. Johnson not only took my money but also then turned around and destroyed my case.

Mr. Johnson owes me $20,000 for the case he never pursued. Whether Mr. Johnson made a conscious decision to end my cases or was just lazy or incompetent is immaterial. They are over. His actions ended three years of my life that focused on collecting evidence to prove up my cases. I did.

If nothing else please shows me another case where discovery was the entire case however it did not open for 14 months. Once discovery opened, Mr. Johnson refused for three months to conduct two depositions and file an order to compel documents.

Mr. Johnson would like nothing better than to keep sending his assistant across the street to the courthouse running up my legal fees in a case he knows he cannot win.

In late August of 2010 after discovery had been open since early June Mr. Johnson ran out of excuses. He had two options, schedule the depositions and an order to motion to compel resign .He choose the later. He resigned he was not fired. I would hope this letter and what I am asking Mr. Marsik to send you will make it very clear to you that Mr. Johnson violated his fiduciary duty to me and forced me to withdraw my suit.

It costs Mr. Johnson nothing to sue however must defend myself and retain an attorney. My attorney and several attorneys have told me if I prevail the court will not compel Mr. Johnson to pay for my legal fees. I believe this is the case. L The attorney has everything to gain but nothing to lose.

Mr. Johnson knows he cannot win this case and in fact he owes me at least $20,000.Mr.Johnson's motive is to try to wear me down financially, which would force me to settle or represent myself. If allowed, this scenario is only inviting dishonest lawyers to join the party. This is Mr. Johnson's motive. When Mr. Johnson not only has every email, I sent him in his computer why would he try to compel me to produce the same emails he already has in his files spanning 16 months.

I would welcome the opportunity to meet with someone from your office and Mr. Johnson and let them be the Judge. My bet is Mr. Johnson would not show up.

It must be difficult for you to ferret out the truth from the from the lies .At least give the client a fighting chance. I am not Mr. Johnson's first victim and I can assure you I will not be his last. Someone must reprimand him. When an attorney needs to hire another attorney to prepare a bound and tabbed booklet in his defense it does not say much about Mr. Johnson's innocence at least to me.

In the trust case we asked the financial institutional institution for the trust statements .Mr. Johnson then tries to confuse the issue to mislead you into thinking he was pursuing the suit against the financial institution.

I rest my case.

By way of this letter, I am asking my attorney to send you the documents that will support many of the things I have written to you about.

 

Sincerely,

Fred

 

 

Expert:  Richard - Bizlaw replied 3 years ago.
I am sorry to see you are still having repercussions from the case. As I understand your complaint now relates to the filing of the suit for $100,000, is that correct? In the resignation papers he filed with the court did he make any reference to a claim for any portion of the settlement? Have you filed a counterclaim for the $20,000 and if not why not? Was most of the information in this letter already presented so that it basically a rehash of the arguments that have already been rejected?
Customer: replied 3 years ago.

$100,000 siuit is the basis of my letter.

 

There was no mention of claims in the resignation.

 

This is where I need help.

 

My current attorney has been paid $4,000 thus far.They filed a complaint,we answered,and filed a motion to dismiss, not a summary judgement, when I asked of the $20,000 my attorney told me that would come by way of a counter claim and I am a little uncertain when but I thought he saidwhen we find ourt if the judge rules in our favor in the dismissal.

 

This suit only came after my first letter to the ARDC and it meant to harass me.

 

Now my attorney tells me as a witness he would have to resign and the replacement firm would require $5,000

 

What you just read, yes the ARDC received most of it but that was before I was sued.

 

My questions are.

 

1.Should my attorney have filed a counterclaim for $20,000 at the time their suit was filed.

 

2.If not is it too late andfrom a legal stndpoint what do I ask him why he did not file.I am sure I will get a legal answer meant to confuse the issue

 

3.Do I have any alternatives than to spend a great deal more to defend myself against a frivilous suit that was filed out of spite?

 

4.I have no money.I have access to $4.5M however I have three irrevocable trusts, my main home is joint tnnancy with my wife and my michigann home is in a land trust.

 

5.As an extra layer of precaution as I can complete distrust of our legal system I could have all of my assets in Switzerland.Unless you have committed a crimal offense that a swiss court recognizes as a crimal offense your assets are safe.I do not think a judgement can be construed as a criminal offense.By the way there are no laws perventing me from having assets anywhere in the worlds long as I pau U.S. taxes on my income.I am sure you know this.

 

6.So what do I ask or tell my current attorney to do ? what should I tell him he should have done? Do I have an altertnative to going through a long drawn ourt expesnsive process due to a frivilous suit where I have no hope of recovering legal fees

Expert:  Richard - Bizlaw replied 3 years ago.

I made a few changes to the letter. You should know the request for emails is normal even if he has them because by getting your copies he makes sure he has all copies and that you have all copies. The language I added I underlined and the language I removed I put in brackets.

 

On the counterclaim, you can move to amend to add the counterclaim. I would inlcuded the counterclaim in your answer and I would seek both the $20,000 and the $6,000 and I would seek attorneys fees for his bringing this suit which I would claim arises from his failure to reflect in the retainer agreement the clear agreement of the parties which is a further violation of his ethical obligation.

 

 

Dear Mr. Needles,

 

Some time ago I filled a complaint with the ARDC concerning what I believed to be malpractice on the part of my last and final attorney Mr. XXXXX XXXXX.

I received a letter from your office stating that after investigating my complaint you did not feel that Mr. Johnson violated your code of ethics and my complaint had been disposed of.

Sometime later Mr. Johnson filed a suit against me for $100,000 stating this is what I owed him after my court case had been settled.

Mr. Johnson had an associate file this suit against me in the Cook County Court. It probably took Mr. Johnson 1/2 hour to draft the complaint.

Of course I must defend myself and have engaged an attorney to handle the case. Nothing much has taken place in the suit thus far except answering Mr. Johnson's complaint and filing a motion to dismiss. Mr. Johnson has requested I provide him with 17 months of emails that he sent to me or I sent to him. Mr. Johnson has these emails not only in his computer but as he told me long ago he copies and files each email received or sent. This in itself shows all that Mr. Johnson is attempting to run up legal fees and eventually try to force me to settle.

Thus far I have incurred legal fees in the amount of $3,950.00 related to his lawsuit which has not gone beyond answering Mr. Johnson's allegations and filing for a motion to dismiss his suit.

I can prove what I have said and have a credible witness, Scott Marsik, an attorney from Westmont Illinois. Scott has worked with me starting long before I engaged Mr. Johnson's services .Most of my meetings with Mr. Johnson Mr. Marsik attended as well as Mr. Marsik making and receiving numerous phone calls to and from Mr. Johnson and his associate Julie. Mr. Marsik is aware of every detail of my association with Mr. Johnson

My suit against my mother's trustees was originally filed in Du Page County. I hired Paul Dizerkas and Zachery Bravos to defend me. The case was remanded to the Federal district court of Chicago based on diversity of citizens that was filed by my opposition.

I met Mr. Johnson in April of 2009 and we came to an agreement and in fact we signed an express contract. I had two cases, [O] one was against the trustees of my mother's trust and the second was against a brokerage house that allowed monies to be transferred from my mother's trust with the knowledge or consent of one of the trustees.

Part of the trust suit was an action filed by my mother's executor for elder abuse. I continually asked Mr. Johnson where we stood on the complaint of the abuse. He assured me it would be taken care of. Three days before the statute of limitations ran out I was in Mr. Johnson's office with Mr. Bravos, Mr. Marsik, Julie and Mr. Johnson.

I asked where the complaint for elder abuse was. I was told research had been done and there was no cause of action for elder abuse. I was insulted. I had worked for two years collecting evidence, paying doctors and attorneys to help me put the case together. At last count I had over 1000 documents most if not all in Mr. Johnson's hands. Mr. Johnson knew from my first meeting with him that this suit was the most important part of my case to me. Putting money back in the trust is one thing but my mother's death by abuse was quite another.

I believe any attorney, not just an elder attorney knows there is not a cause of action called elder abuse. Neglect, Isolation and probably 10 more forms of abuse are the causes of action Elder abuse is an umbrella that covers the various forms of abuse.

No one had any answers to where the pleadings were. Finally, it came out there was none? Scott Marsik in a few days without the backup documents or much of the abuse history filed the suit in DuPage County. Later we were given leave to amend. Mr. Johnson insisted on drafting the new complaint. It was filed before my review. It was denied.

If you read Mr. Johnson's new complaint, compared it to the facts and documents that he was given I believe you would realize Mr. Johnson was not too interested in the case or did not intend to have it heard. It was not a case we lost we lost the ability to have it heard.

I had four forged documents, two neurological examinations and their results, hospital reports, hospice reports, doctor examinations and the toxic drugs that replaced my mother's heart medications. Surely if Mr. Johnson wanted to try this case much of the evidence I had would have allowed us to at least have our day in court.

My contract with Mr. Johnson contract called for a one time retainer for each case of $20,000. The suit against the trustee of my mother's trust and any action taken by the executor and 1/3rd of any recoveries. The second retainer of $20,000 was to be used to prosecute the Chicago Investment firm.

Although the express contract contained both cases in the same two documents they were two independent cases.

At that time or any time after my mother's death I could have dropped any action against the trustees and received my inheritance. At the time I met Mr. Johnson my 1/3rd share would have been $600,000 or more.

We wrote out on a piece of paper the agreement and both signed it.It was crystal clear to both Mr. Johnson and I that the 1/3rd of recoveries did not include my inheritance. It was for recoveries only. He was to memorialize our signed agreement into a more formal agreement which he did. I signed it but also sent an email to him making sure as per or original conversation recoveries did do include my inheritance. I will try to quote him as close as I can when I spoke to about the email - he said " laughter, wouldn't it be nice to have a contingency agreement and also if you lost the case you would be paid by the hour "I then later received a reply to my email from Mr. Johnson that confirmed [in my email box was his reply] that the contingencies applied to recoveries only and not my inheritance.

.

My inheritance was never in question. The lawsuit we filed was based on the lack of trust accounting for 18 years and some $6.0M that was not accounted for. The case was also based on my mother's legal incapacity, my mother having been [being] declared legally incompetent prior to her signing a new trust agreement. I knew nothing about this new trust agreement as I was in China at the time.

My case was quite simple and discovery was all that was necessary to support my position. The trustees admitted in their declaration that the financial documents were in their possession. In addition we had [being held by the trustees or at least their declaration stated that and] the two neurologists that examined my mother and declared her legally incompetent that needed to be deposed. That was my case.

After signing my agreement with Mr. Johnson he informed me that our Judge, Judge Bucklo shared an office with him 25 years earlier but not to worry as it would not be a conflict. I asked him to determine in the beginning if there would be a problem and if so I may have to find another attorney.

As Mr.Bravos had some background in my case I thought he could bring Mr. Johnson up to speed. I agreed to pay Mr.Bravos temporarily. As time passed Mr.Bravos was the only attorney working on my case so [instance] I found that I was paying two attorneys to perform the same function.

I finally called Mr. Johnson and told him I was no longer going to pay Mr.Bravos. Mr.Bravos told me he would be working on the case over the weekend. Johnson told me to call Mr.Bravos over the and instruct him not to put any more time into the case and Mr. Johnson said he would call Mr.Bravos on Monday and work out some financial arrangement on Monday that would not involve me. As discussed in further detail below, I was led to believe by Mr. Johnson that he had worked out an arrangement with Mr. Bravos and I would have no financial obligation to Mr. Bravos.

 

Things went on as usual and I was glad Mr.Bravos continued on as Mr. Johnson had not yet come to grips with my two cases. Mr.Bravos continued to work [and] with Julie, Mr. Johnson's associate. Mr. Johnson's only involvement in my cases from start to finish was our every two week meeting. Scott Marsik Was present at most of them.

I thought Mr. Johnson was of record on my case but apparently Mr.Bravos and Mr. Johnson's assistant, Julie were the only attorneys of record. Sometime much later I [find] learned Mr. Johnson became a record of attorney in my case. Sometime after Mr. Johnson became of record [later] Judge Bucklo recused herself based on her prior relationship with Mr. Johnson. This created a major problem in my mind. Our case was moving quite rapidly and I sensed the Judge was picking up on things quickly.

Mr. Johnson had an obligation to me before accepting my $40,000 and a signed contract to determine if there would be a conflict with Judge Bucklo. If Judge Bucklo said there would be a conflict I could have found and retained another attorney. Mr. Johnson did not sign on as my attorney of record and did not in the beginning determine with Judge Bucklo Johnson if there would be a conflict of interest. Mr. Johnson did not contact Judge Bucklo prior to our engagement. When he told me there would be not being a conflict I believed him.

Judge Marovich I believe 78 years old became our new Judge and it took a long time before he actually had his first meeting with us and I was concerned. From the day he took over until I withdrew my suit Judge Marovich insisted the case be settled. I was fully aware as being the plaintiff if I refused to settle it [may] might injure my case.

As I stated earlier my case centered around discovery without it I did not have a case. Mr. Marsik, Mr. Bravos, Julie and Mr. Johnson were fully aware of that.

I was told on the outside we could begin discovery within 60 days after I retained Mr. Johnson on April 15th 2009.Things were not moving in the right direction and we were not getting any closer to opening discovery. After Judge Bucklo resigned Mr. Johnson said we must wait for the new Judge to be assigned to continue working toward discovery. This cost us at least 2 months. I am informed by a third party, discovery should have continued with the Magistrate. Certainly Mr. Johnson knew this so why did [him] my case to sit dormant for two months?

Mr. Bravos informed me he would be working on my case over one weekend. I called Mr. Johnson and told him I was not going to continue paying Mr. Bravos. Mr. Johnson told me to tell Mr. Bravos to not work over the weekend and on Monday Mr. Johnson would work out a new financial agreement with Mr. Bravos.

I made it perfectly clear to Mr. Johnson I was not going to pay Mr. Bravos from that day forward and if he continued with Mr. Bravos he would be responsible for any future billings. Mr. Marsik was also aware of the fact I was no longer paying Mr. Bravos. Later Mr. Johnson told me everything was settled with Mr. Bravos.

Sometime later I received a bill from Mr. Bravos for $6,000 I called him only to find out Mr. Bravos had never reached an agreement with Mr. Johnson for future services and was surprised Mr. Johnson had not informed me of this.

After receiving the bill and the subsequent phone call I made to Mr. Bravos I was quite upset. Johnson asked me to bring the bill down to his office as there was a misunderstanding that he would take care of and yes I did not owe Mr. Bravos $6,000. Mr. Johnson asked me for the bill and told Mr. Marsik and me he would take care of it and yes I did not owe Mr. Bravos $6,000.

Mr. Johnson did not reach an agreement with Mr. Bravos but intentional withheld this information from media was lead to believe things had been resolved between Mr. Johnson and Mr. Bravos. When Mr. Bravos continued to work on the case I was lead to believe Mr. Johnson had reached an agreement with Mr. Johnson.

This is one of many unethical things Mr. Johnson did throughout the case. When Mr.Bravos refused Mr. Johnson's offer six weeks earlier Mr. Johnson should have immediately told me and I would have released Mr.Bravos.

Mr. Johnson was well aware of the retainer agreement between Mr. Dizerkas, Mr. Bravos and me. By continuing to mislead me and continuing to use Mr. Bravos Mr. Johnson knew eventually I would be held responsible for the legal bills from Mr. Dizerkas and Mr.Bravos. Mr. Johnson wanted Mr.Bravos to continue to handle the case but wanted me to believe he would be paying him.

Finally, Mr. Bravos told me he would have to resign from the case for lack of payment. Mr.Bravos made it clear to me he had refused Mr. Johnson's previous offer. Johnson never paid Mr.Bravos as promised and when the case was closed Mr. Dizerkas and Mr.Bravos sued me for $6000.This was Mr. Johnson's obligation to pay however since he did not sign the retainer agreement he knew he would not be liable for the payment. I could make him a third party in his suit with me however the suite against me is frivolous[,] and was filed in my opinion because I reported his conduct to the ARDC.

From April of 2009 until June of 2010 [discover] discovery had not opened. I received one excuse after another from Mr. Johnson as to the reasons. Finally it opened. We could have filed ]File] an order to compel the production of the trust records and take two depositions .Mr. Johnson failed and finally refused to do either. I was quite upset.

Finally Mr. Johnson without my knowledge or consent made an agreement with the opposition to hold off discovery until the Judge ruled on which plaintiff had standing to bring the suit.

Mr. Johnson knew this was a stalling tactic on the part of the opposition and that my children who in fact filed the suit had standing to sue the trustee. Why would Mr. Johnson make an agreement with the devil to hold off discovery [and] knowing by doing so it would damage our case?

Mr. Johnson did not want to file with the court a motion to compel the trustees to release the trust documents and to take two depositions. By refusing to do this he violated his fiduciary duty to his client and was well on the way to [damage] damaging my case. He was successful.

Mr. Johnson, Mr. Marsik, Julie, Mr. Bravos were all aware of the fact my case rested on the neurologists' depositions and the trust records. We discussed this several times.

During the time we were in front of Judge Marovich I asked Mr. Johnson to do two things. Appeal a ruling that my sisters were allowed by Judge Marovich to use trust funds for their defense. Mr. Johnson refused. At that point my sisters had withdrawn $450,000 of trust funds for their defense while I had spent $250,000 of my own money.

I told Mr. Johnson not once but several times to file suit against the cook county financial institution that was part of my retainer agreement. By doing so it would have destroyed diversity and the case would be remanded back to the state court in Du Page County. He continually refused in spite of second and third legal opinions I sought out that said it certainly should have been attempted

Mr. Johnson apparently was having some unofficial settlement discussions with the opposition and subsequent to that he discussed them with Mr. Marsik. Mr. Marsik informed Mr. Johnson if the cases were settled as proposed Mr. Johnson would not receive any money from the contingent fee agreement. According to Mr. Marsik Mr. Johnson said yes I am aware of that.

Mr. Johnson senses that the case was coming to a close, had three months to start the discovery, and knew he had run out of excuses for his reasons to not depose the neurologists and compel the trustees to turn over the records of the trust.

He resigned but did not state there were legal fees owed to him in his petition to the court to withdraw as attorney.

From the $600,000 I could have taken as my 1/3rd of my inheritance, when I met Mr. Johnson I received $480,000 from which Mr. Marsik was paid $20,000.

After the suit was concluded and dismissed, I [ me] asked Mr. Johnson to return[s] the $20,000 from the suit against the Chicago financial institution that he never filed. He refused to return it which prompted my first letter that I sent to you.

After you concluded my complaint against Mr. Johnson was not warranted, he filed suit against me for $100,000. It [it] was a one or two page complaint filled with nothing but false hoods.

I think all that has happened is that we answered their allegations and filed a pleading to have the case dismissed. Now I am being asked amongst other things to produce 16 months of emails that Mr. Johnson has in his possession.

These are the reasons I am requesting the ARDC to take action against Mr. Johnson.

5. Mr.Johnson and I signed an express contract .There is nothing in that contract that calls for 1/3rd of my inheritance. There is a letter however where Mr. Johnson admitted that his 1/3rd only covered recoveries excluding my inheritance.

In April of 2009 I retained Mr. Johnson and paid him $40,000 to prosecute two cases. He prosecuted neither. We had an express contract clearly stating that if we prevailed in either suit Mr. Johnson would receive 1/3rd of any recoveries and return my retainers. Mr. Johnson, Mr. Marsik, Julie, Mr. Bravos all knew and the contract and subsequent confirmations Mr. Johnson that recoveries did not include my inheritance.

1. I have spoken to many attorneys regarding this suit and all to a person said what Mr. Johnson kiddingly told me on the phone was an acknowledgment that the inheritance was not included in the contingent fee calculation. His oral statement to me to the effect you [You] can have a contingency agreement with a client and if the case is lost the attorney would be paid by the hour for the time he had put into the case was proof of this.

2.Mr. Johnson should have to produce a document, email or some other form of proof I had agreed to pay him 1/3rd of my inheritance before he could file the suit.

3.At the time I met Mr. Johnson my inheritance would have been $600,000. Please ask Mr. Johnson to produce any document filed by us or the opposition that indicates my inheritance was ever in question.

4. My Johnson allowed the opposition to delay discovery for 14 months. Once it was opened he refused to file an order to compel the turnover of the records by the trustees and refused to take the neurologist depositions

4. His failure to pay Zachary Bravos as promised to Scott Marsik and me.

5. Withdrawing from my case causing me to withdraw my suit.

6. His failure to determine if he would have a conflict with Judge Bucklo, telling me of the potential problem after I paid him $40,000 but assured me there would not be a problem

7 His refusal to appeal the ruling allowing my sisters to continuing to use trust funds for their defense.

8.His refusal to try and change the venue to the state court by breaking diversity and bringing in to the case an Illinois corporation that in fact we had a binding contract stating he would prosecute this same Illinois corporation.

9. Upon resignation if there were any legal fee disputes it would have had to be noted on his motion to with draw. It was not.

I have sent you complaints about past attorneys primarily because of their charges and not advancing my case. Mr. Johnson not only took my money but also then turned around and destroyed my case.

Mr. Johnson owes me $20,000 for the case he never pursued. Whether Mr. Johnson made a conscious decision to end my cases or was just lazy or incompetent is immaterial. They are over. His actions ended three years of my life that focused on collecting evidence to prove up my cases. I did.

If nothing else please shows me another case where discovery was the entire case however it did not open for 14 months. Once discovery opened, Mr. Johnson refused for three months to conduct two depositions and file an order to compel documents.

Mr. Johnson would like nothing better than to keep sending his assistant across the street to the courthouse running up my legal fees in a case he knows he cannot win.

In late August of 2010 after discovery had been open since early June Mr. Johnson ran out of excuses. He had two options, schedule the depositions and [an order] make a [to] motion to compel or resign .He choose the later. He resigned he was not fired. I would hope this letter and what I am asking Mr. Marsik to send you will make it very clear to you that Mr. Johnson violated his fiduciary duty to me and forced me to withdraw my suit.

It costs Mr. Johnson nothing to sue however I must defend myself and retain an attorney. My attorney and several attorneys have told me if I prevail the court will not compel Mr. Johnson to pay for my legal fees. I believe this is the case. L The attorney has everything to gain but nothing to lose.

Mr. Johnson knows he cannot win this case and in fact he owes me at least $20,000.Mr.Johnson's motive is to try to wear me down financially, which would force me to settle or represent myself. If allowed, this scenario is only inviting dishonest lawyers to join the party. This is Mr. Johnson's motive. When Mr. Johnson not only has every email, I sent him in his computer why would he try to compel me to produce the same emails he already has in his files spanning 16 months.

I would welcome the opportunity to meet with someone from your office and Mr. Johnson and let them be the Judge. My bet is Mr. Johnson would not show up.

It must be difficult for you to ferret out the truth from the from the lies .At least give the client a fighting chance. I am not Mr. Johnson's first victim and I can assure you I will not be his last. Someone must reprimand him. When an attorney needs to hire another attorney to prepare a bound and tabbed booklet in his defense it does not say much about Mr. Johnson's innocence at least to me.

In the trust case we asked the financial institutional institution for the trust statements .Mr. Johnson then tries to confuse the issue to mislead you into thinking he was pursuing the suit against the financial institution.

I rest my case.

By way of this letter, I am asking my attorney to send you the documents that will support many of the things I have written to you about.

 

Sincerely,

Fred

 

 

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Customer: replied 3 years ago.

Sir,

 

Sorry I cant paste and cut for some reason,

 

The attached refers to Mr.Murphy the attorney who charged me $70,000 and filed a previous attorney's pleading, settled an interpleader against my expressed directive.This $3.0M interpleader involved forgery and fraud.I did not want to settle.I wanted to use the interpleader, trust case and abuse case and file it in the federal court.The interpleader was already in the federal court.

 

He charged me $70,000mmissed statutes of limitations one costing us the ability to remand the case back to the state court,the next attorney who is our current topic I believe conspired with this attorney to damage my case.

 

In addition to my observation was the attorney who introduced me to Murphy.He also was representing my sisters.Johnson came next and put the icing on the cake and destroyed my case.ARDC is a joke.Suing an attorney in Chicago and winning is almost impossible.

 

Did Murphy of the attorney who referred him to me have an obligation to inform me my attorney was under criminal investigation?

 

 

 

 

 

graphic

Customer: replied 2 years ago.

Sir,

I am about to make a counter claim against the last attorney who represented me in the trust lawsuit.I will try and make this simple.

1.A trust lawsuit is filed on 1/1/2009

2.4/15 a new attorney is hired.

3.He fails to tell you about a potential conflict with the Judge

4.He makes his first appearance 4 months after he is retained

5.The Judge recuses herself

6.In June of 2009 the defendants in their declarations admit they are in possession of 18 years of trust accounting.

6.A trust amendment on 11/18/2006 makes the two defendants successor trustees.

7.The trust amendment removes the grantors sister as successor trustee and removes her lifetime $1000 per month grant for being the grantors caregiver (estate valued at ($6.0M)

8.The attorney who drafted the amendment knew the grantor had a stroke two months earlier

9.The attorney is 1000 away

10.The grantors brother,trustee of an insurance trust, and the grantors sister,successor trustee,executor and POA finance know the attorney well.They live close by.

11.The attorney does not contact them to check on the grantors health condition prior to drafting the amendment.

12.On 11/18 a Neurological evaluation shows the grantor to be mentally incapacitated

13.Nine witnesses before and after the amendment was signed will attest to capacity

9.Earlier that month the same attorney notarized a forged signature removing the brother as the trustee of the insurance trust.

10.During the grantors 13 months of incapacity the trustees withdrew in excess of $200,000 over and above the health and welfare of the grantor.Master Card alone was $70,000

11.There is $400,000 withdrawn by the fraudulent successor trustees for legal fees.

12.A motion is file to appoint an independent trustee or to freeze the trust.The motion does not mention how much money was taken from the trust from the mothers incapacity to date.

13.There is no mention of the previous Judge ruling that the defendants accounting was not accepted.

14.Not one deposition or affidavit is attached to the motion.

15.The motion is denied.

16.17 months after being retained the attorney resigns.

17.The Judge demands settlement

18.The plaintiff settles but for nothing more than his 1/3 of what is left in the estate.

17.The attorney had not taken one deposition or filed a motion to compel disclosure of the trust documents during the 17 months he was retained by the plaintiff.

18.Without the accounting included $700K can be shown as damages.

19.The client asks for $25,000 for a different suit that was never filed

20.Three months later the client writes to the ARDC

21.Three months later the attorney who received $25,000 and 1/3rd of any recoveries not including inheritance sues his client for $100,000

22.We comply with discovery within 30 days.The attorney has not replied for 90 days.

Based on these facts do I have a legitimate counter claim against the attorney for at least $700,000?





Expert:  Richard - Bizlaw replied 2 years ago.

The attorney you are suing is the one who represented you and failed to put any supporting documents on the motion to appoint an independent trustee. You have a claim for damages but I do not know that you will be able to ascribe $700,000 of damages to it. The fact that you settled makes the case more complicated but I do think you have a claim for the failure to raise the issues you mention such as the modification of trust, the incapacity of the grantor through affidavits.

 

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Customer: replied 2 years ago.
I understand the complications of settling but how does the attorney after 17 months fail to take the depositions or file a motion to compel accounting records the defendants admitted they have?

The depositions are my case.They put in place my aunt or an independent trustee.
Expert:  Richard - Bizlaw replied 2 years ago.

It is those things that give you a basis for suit. The failure to take those actions undermined the strength of your case and he should be liable for some portion of the loss. I am just not satisfied that it is $700,000.

 

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Customer: replied 2 years ago.
Sir,
I understand the $700,000.All that was meant to say was if the court found my sisters as fraudulent trustees I could show $400,000 in legal fees they withdrew from the trust to defend themselves and an excess of $250,000 over and above my mothers health and welfare.

There was not one word of mention about accounting records the attorney had in her possession of the monies that were withdrawn from my mothers trust after she became incapacitated.

She had seven months to depose the doctors and drafting attorney, the son in law and my mothers brothers and sisters not only did she fail.
to do this she did not even ask them for their affidavits.

How can you ask for a trust freeze without stating how much money has been withdrawn from the trust.

Why would an attorney file at his motion without the supporting documents?





She supplied the court with no evidence except an evaluation of the Neurologists which without their depositions or affidavits meant nothing.

She says if the court will allow an evidentury hearing she would take the depositions of the Neurologists.

Expert:  Richard - Bizlaw replied 2 years ago.

The attorney's failure to act I cannot justify. Also the failure to take the neurologist's deposition I do not understand either whether or not the court allowed the evidentiary hearing. You would want those deposition to bolster any motion you made. Even if disallowed on some theory I can't imagine it would give a basis for appeal. The failure to get affidavits from the other members of the family to support the motion is also inexplicable.

 

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Customer: replied 2 years ago.
Besides asking for the $25,000 back for trust that was never filed do you feel I have a strong case for malpractice.Not $700,000 but some amount for the faulty motion,not filing an order to compel accounting documents that were already admitted to and no depositions or affidavits.

If I vilotated the contract and did not give the attorney 1/3rd I would be held to it.

My attorney violated his contract.Why isn't he liable for damages.
Expert:  Richard - Bizlaw replied 2 years ago.

Yes I do think you had strong case for malpractice. The reason is there was substantial evidence readily available that was not presented. The failure to take the depositions of the neurologists I find no excuse for that. The failure to support the motion for a trustee with no supporting affidavits which is like putting in no proof. The damages will be harder to prove but I think the liability is there.

 

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Customer: replied 2 years ago.
Sir,

Just to clarify,

When you thought $700,000 was too high for the malpractice were you just speaking about the motion or the whole case?

The motion was denied in January of 2010.

The case was settled in September.

If you could see the motions and answers the first attorney filed or answered you would be impressed.

If the attorney did not notify me about the conflict and subsequent refusal,an associate without my approval taking over and destroying my case.Not just this motion.

My attorney never admitted himself into the case as he was concerned the Judge may claim a conflict.

I guess I struggle with the known damages.

My sisters withdrew $266,000 including my mothers incapacity.She lived with them for the most part.I took out the estate taxes,$10,000 I used $10,000 for settling a living trust instead of their figure,I took out gifts,insurance premiums and any other expense my mother would have had to pay for no matter where she lived.$70,000 was taken out for a Master Card payment.

Is what they withdrew that we can show we not for my mothers health and welfare?

Can't we claim any legal fees taken out defending themselves when the depositions and witnesses would have shown they were not the successor trustees legitimate trustee's

In March of 2007 $420,000 was withdrawn by forgery from my mothers insurance trust.An account was opened and my signature was forged and 1/3rd was deposited into my account.

I released the innocent trustee in the interpleader.

Shouldn't we have advised the Judge of the forgery in the trust case?

I am told in a malpractice case it is a case within itself.Does this mean the defendant needs to go through the 18 years of no accounting
And any misused funds he was liable for?

Realistically what can I claim my real damages were.

If I did not hire this man I could have walked away with $600,000. Instead my settlement amount was $480,000

Can he claim as per the contract that he prosecuted my sisters in the trust case.He made one appearance in 17 months.

Doesn't prosecute include discovery?

I will be meeting with my attorney this week and don't want to come up with an unrealistic figure.

One of the things I have always struggled with is my mothers signature on the 2006 trust agreement.To me this is no different than forgery.She had no idea of what she was signing and all of the surrounding facts,Medical evaluation,drafting attorney,and witnesses.Whether the pen was in my mothers hand or my sisters I don't
see the difference.

If you cant give me a realistic figure could you give me areas of the case where I can claim damages.
Customer: replied 2 years ago.

Sir,

I have culled 700 pages down to 50 for my attorney to evaluate malpractice on the part of my attorney

To appoint an administer or freeze the trust and allow the depositions of the Neurologists the only attachments were a copy of my mothers trust,a copy of current assets, a request for documents from the defendants council and a copy of a 2006 medical evaluation.

The thesis of her motion was the trust should have been distributed and the defendants council will not cooperate in turning over the documents,also that the plaintiff believes there was wrong doing on the part of the trustee.

My question is this this woman had in her possession just to name a few

$266,000 withdrawn from my mothers trust including $70,000 of master Card charges.This was during my mothers incapacity, not included in her motion.

Four forged documents relating to $420,000 from an insurance trust.Although the interpleader for the insurance trust was settled should the forgeries not been part of her motion?

Besides this there are letters to me over a 1-1/2 year time frame that my attorneys were arranging to take depositions but no mention of my sisters declarations or an order to compel the turn over of the trust accounting.

The declarations from my sisters that they were in possession of 18 years of accounting but they had not turned these over to the plaintiffs.
A history of trust withdrawals without the mandatory third trustees signature or denial.

There is more but if you are asking for an independent trustee don't you have to include in your motion every document you have showing how the trustees abused their authority,

The Judge ruled that the plaintiffs did not cite any authority that would suggest the relief that was sought was appropriate.Plaintiffs did not cite the standard for granting preliminary injunctive relief. Then he presents case law.

He concludes that there is an adequate legal remedy for money damage and we failed to make the requite threshold showing

As it relates to my mothers abuse and wrongful death it was part of the retainer agreement that any claims of the estate would be handled by my attorney in the probate court.

In the 11th hour my attorney had done nothing and asks the executors attorney to prepare and file the motion.Long before I had retained an attorney with my attorneys knowledge to draft the appropriate pleadings for the abuse case.

The pleadings were prepared however between the estate attorney and my attorney they ignored my third parties pleadings.The estate attorneys pleadings were denied by the federal court to intervene,not accepted by the State court and them my attorney filed amended pleadings that also were accepted.

I believe my third party pleadings would have allowed the case to be heard
Expert:  Richard - Bizlaw replied 2 years ago.

Calculating damages in malpractice cases depend on a showing that had the proper work been done you would have won the case or the issue. Next you have to show your damages. The problem you have is that there were multiple attorneys and those that followed this attorney had a chance to cure the errors she made, so it is not so easily done. Your focus should be on showing the information that was available at the time the motion was made. With that information that demonstrates the negligence, your attorney should be better able to make a determination of what your damages are. The reason I said I did not know that $700,000 was the right measure was because the other lawyers had some responsibility also.

 

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Customer: replied 2 years ago.
Sir,

This was my last attorney.The case had only been filed one month prior to my engagement with him.Without an accounting I can not prove past damages.My hope is I put in his lap my sisters declarations that they had trust documents dating back to 1987 ($9.0M) withdrawn.He also had a nuurological evaluation within two days of a trust amendment shopwing the grantor was mentally incapacitated along with seven witnesses.

I understand nothing is cut and dried with the law however for 17 months not compelling my sisters to turn over the trust documents and failure to depose the Neurologists it is hard for me to understand how he could talk his way out of those two simple processes to a Judge or a jury.They were my case and everyone knew it.

My precious attorney never filed a pleading.
Expert:  Richard - Bizlaw replied 2 years ago.

I thought some else replaced her, sorry. Then you can use the evidence that is in your post not being presented to the court or pursued. Although you do not have the accounting, you can use the facts you know about withdrawal of funds as being one of the elements of damage. So you may not get everything because you do not have the accounting but you should get a good amount from the improper actions of which you have proof.

 

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Customer: replied 2 years ago.
I know it is hard to believe but my first attorney did not open probate for 6 months and I left.

Second received $10,00 but then wanted $50,000 to file

The third drew up the accounting case,I had paid $20,000 and then he billed me for another $95,000 the forth was recommended to me by what I thought was an old legal friend unfortunately he was friends for my sisters and did not want them to lose their inheritance and possibly fraud and forgery so he recommended me to the next one,he settled the interpleader without my approval.I wanted to use that to consolidate all of my cases,he missed two statutes of limitations,could have had the case remanded to the state court but did not, he used the old pleadings with the exception of my sisters break in of my mothers home and selling the contents at a garage sale,he only charged me $70,000

On the last day without my knowledge or authority he filed the motion to in the state court but it was remanded to the federal court he blew the two week window to send it back the Judge was irate.

I fired him and hired the last attorney.

$1.0M was split by four attorney to keep my evidence concealed and I had it all of it on all cases.It took me three years to compile with the help of some JA attorneys.

Hard to believe it is for me too but ever word I have just spoken is true.

Yoi
Expert:  Richard - Bizlaw replied 2 years ago.

It is truly an unfortunate story. I would pursue the malpractice claim. I think it is a good case. You will recover damages I am just not sure of the amount.

 

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Customer: replied 2 years ago.
Sir

My attorney representing me in the suit my last attorney filed against me is not a malpractice attorney however a counter claim must be filed.

I tried to go through all of my documents to not overwhelm him could you please give me your opinion.

On the motion to appoint the independent trustee of course the depositions and affidavits should have been done but shouldn't of these documents the attorney had been part of her motion

1.A ruling by the previous Judge that she denied to defendants accounting

2.A document prepared by the other side relating to accounting.When added up there was $266,000 withdrawn during my mothers incapacity that I believe we can claim violated her trust agreement regarding incapacity.The $266,000 my sisters withdrew as far as I am concerned had nothing to do with my mothers health or welfare,

3.From the insurance interpleader case where I agreed to release the fraudulent trustee there were three forged documents showing $420,000 withdrawn from the insurance trust.That case was settled but I never released my sisters.Shouldn't the forged withdrawal have been part of the motion even though it was not the case in front of the Judge?

4.Declarations from my sisters admitting that they had the accounting records from the inception of the trust.My attorney never referenced the declarations she just said we have been trying to get documents from the defendants but they have not cooperated.

Should those documents and a few others not be part of a motion to freeze a trust or appoint an independent trustee?
Expert:  Richard - Bizlaw replied 2 years ago.

When you are trying to get an independent trustee or a receiver appointed, you must show that the current trustees have been acting improperly. In this case you would show that the accounting they provided was materially inadequate and was rejected by the court. Couple that with the $266,000 of money withdrawn with no adequate explanation and that raises a serious question of impropriety. The forgeries with respect to the insurance if you had proof to demonstrate that would show other bad acts. Then declarations show that there was a full accounting that were available but not produced. That type of evidence would raise a concern in the court that the current trustees may not be operating properly and would give an evidentiary basis for appointment of an independent trustee and if denied to seek an appeal. That is why I think it was malpractice to not bring these facts to the attention of the court.

 

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Customer: replied 2 years ago.
Sir,

I have not given up on my sisters.A semi-retired elder abuse attorney in Marin County took a liking to my case free of charge in August of 2007 and is stirring the pot with the residents of Marin county regarding the lack of concern or enforcement of elder abuse by the law enforcement agents.He has not mentioned my case.

My option has always been there to take my case to the District Attorney of Marin County however in spite of my evidence he could not take my case as it would expose three Doctors a Superior Court Judge,the coroner,adult protective services,the public defender and Hospice.I have a paper trail a mile long.

My other option, which does not have a statute of limitation and I have jurisdiction, is a slayer slayer suit(intentional and unjustifiable death)I have three unofficial Cardiologist's reports as well as a senior Hospice nurse to support this claim

I believe my 80 year old uncle(brother of my mother) would have standing even though he was not named in her trust.The problem here is the settlement agreement I signed as well as asking my uncle to do this.
Expert:  Richard - Bizlaw replied 2 years ago.
I think at this point, you have all you could and pursuing it further would violate the settlement agreement. If your uncle wants to pursue it he can but it should not be at your insistence.
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Customer: replied 2 years ago.
Sir,

I have three malpractice claims with the attorney who is suing me.For now our only counterclaim is the $25,000 he did not return for suing the financial institution

My claims are

1.Not presenting evidence the attorney had in hand when his motion to freeze the trust or appoint an independent trustee

2.For 17 months having a declaration from the defendants stating they had trust documents going back to the inception of the trust,having a Neurological report showing my mothers incapacity at the time she signed the 2006 trust amendment naming my sisters as successor trustees and removing her sister and the $1000 per month payment to her which my mother has her 2003 trust amended to provide.

3.$1.8M a Chicago brokerage house allowed to be withdrawn without the prerequisite of three signatures after 18 years of following the trust agreement

4.Most importantly unjustifiable and intentional death of my mother.If proven my sisters lose $3.0M

The attorney had written in the retainer agreement he would prosecute any estate related matters.He had 7 months to prepare before the statute ran out.

He had three Cardiologists and one hospice nurse's written assessment after reviewing all of the documents, he had a forgery of a trustee on my mothers trust,three forgeries withdrawing $420,000 from this trust,and all of the supporting documents showing my mother was not terminally ill,her heart medications were withdrawn,opiates replaced them and the reason for withdrawing the heart medications was that my mother was spitting them out.There was only one witness to this.The accused.For 5 months there after there were 20 witnesses that saw her take every pill form medication given to her but not once was it reported she had spit any out.

6-1/2 months after I retained my attorney he had not even reviewed the evidence.He suddenly says this is for the executor to file and threw it in the lap of a bankruptcy attorney I had open the probate estate with.I immediately retained an elder abuse consultant and gave it to attorney to not file anything without his approval.The elder abuse attorney I hired to consult knew the history.

The filing in the federal court to intervene was filed on October 22nd 2009.My consultant emailed the attorney seven times asking him for a copy of the pleading prior to filing.He filed it without consulting with the elder abuse attorney and it was turned down.

Now we could file in the state court.The elder abuse attorney drafted a compliant bring the trust attorney and financial institution into the suit.

The suit was to be filed 11/2 the end of the statute of limitations.On 11/1 the elder abuse attorney sent 5 emails and I don't know how many phone calls to the estate attorney.The estate attorney did not file the elder abuse attorneys complaint.He filed his own and it was rejected.He has 28 days to amend.

The elder abuse attorney drafts the amendment but suddenly the attorney who I first retained that was never part of the cause unexpectedly files an amendment.It was denied

My mother abuse and death case was over.There was not one of my documents, witnesses, affidavit or deposition taken in any of the three complaints.

I understand I must show damages.I must be able to prove to the court that my sisters intentionally and unjustifiably killed my mother.I believe I can.


My current attorney when I was sued filed a counterclaim for $25,000 which is the amount that was not returned to me.The defendant is three months late in answering discovery.

My attorney is not a malpractice attorney however he litigates 30% of his time.He says we can always amend our complaint.Can it be amended from $25,000 to ???? from the above. and will my attorney take this on. Or should it be a separate mal- practice suit which I still have 5 months to file.

If he does not want to take it how much money will it cost me to pursue the malpractice suit on my own? and based on what I have just told you what chances do you think I have of prevailing?

I will pay you now $50.00
Customer: replied 2 years ago.
Sir,

Have you had a chance to evaluate my letter

Please let me know if the $50.00 payment was received
Expert:  Richard - Bizlaw replied 2 years ago.

Sorry I was out all day. You should assert your malpractice claim in the present action not just the $25,000 claim. The malpractice arises from the same representation from which the fees are sought and it should be asserted there. I cannot make an estimate as to the cost of prosecuting the malpractice claim but it is not the type of claim you can pursue on your own. Your attorney should handle it as it is fundamentally just a tort claim. You just have to get expert testimony on the issue of what is proper representation under the circumstances.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 2 years ago.

:Sir,

I am sorry this is so long and I will be glad to pay you for your time

In addition to the motion to appoint an independence without the pertinent evidence this is even worse.

I would like to visit my attorney this week and go over my claims.

My most important case was to be filed through my aunt in the state court.My aunt was the executor and I have the evidence that I accumulated over two years.None of it was used.

The first attorney my aunts attorney filed a complaint I can not find.He did this without first consulting with the elder abuse attorney I had hired.

Then my first attorney who is suing me was never involved in my mothers abuse and death.Our agreement stated prosecuting all estate matters but with 7 months to prepare he gave it to my aunts attorney who was not remotely qualified to file this complaint.

I can not find his complaint but this was the amendment drafted by the first attorney but filed under my aunts attorneys name.

As you can see there is none of the evidence I had compiled for two years which he had been given

Would this not constitute mal practice again?This ended my chance on a civil suit for disinheritance suit,.

Thank you.


Chronology.



A deceased grantor (Verla Regnery) 11/2/2007 has three children (Fred ,Gretchen and Lynn). All three children were trustees of Verla's remainder trust left to her by her late husband Fred L.Gretchen and Lynn were the sole trustees Verla's living trust. Verla's third trust was an insurance trust and her brother Alvin Kiehl was the sole trustee of that trust since its inception in 1986.

Gretchen and Lynn never provided accounting for Verla's living trust during it 18 year duration. There was $1.8M withdrawn from the fathers remainder trust without Fred's knowledge or consent.This trust required the signatures of Fred, Gretchen and Lynn for any trust activity even if one dissents. Fred also claims his sisters mentally and physically abused their mother with the intent of causing her intentional and unjustifiable death.

Fred also claims his sisters committed forgery by removing Verla's brother Alvin as the sole trustee of Verla's insurance trust.Fred also contends Gretchen and Lynn forged trust documents of the insurance trust and withdrew $420,000. Fred also contend after his mother became incapacitate from a stroke that Lynn and Gretchen removed Verla's sister Juaine as the successor trustee of the living trust and placed themselves as the successor trustee.This is the trust that Gretchen and Lynn had never accounted for.

Probate is opened by an attorney to represent the executor (Juaine is Verla's sister and power of attorney for property)

An accounting suit is filed in the Du Page County State court 1/1/2009. Fred retains a Du Page attorney Zachary Bravos

The case is remanded to the federal court based on diversity.

Fred on April 15th, 2009, hires a Cook County attorney XXXXX XXXXX. The retainer agreement stated that Johnson was to prosecute Gretchen and Lynn in the accounting suit already on file. Also Johnson was to represent Fred in the estate for the abuse and death of his mother by Gretchen and Lynn.Johnson was also to prosecute and file a $1.8M claim against William Blair the financial institution for violating Verla's remainder trust agreement and allowing $1.8M to be withdrawn from the trust without Fred's knowledge or consent.

The retainer agreement called for $25,000 to be paid to Johnson to prosecute Gretchen and Lynn in the trust and wrongful death suit and $25,000 to prosecute William Blair.Johnson was also to receive 1/3rd of any recoveries from Lynn and Gretchen not to include Fred's inheritance.

The retainer agreement was between Johnson and Regnery as individuals and did not include the use of an associate attorney.

Zack Bravos the Du Page County attorney is temporarily paid by the Fred to help bring Johnson up to speed.

Johnson does not disclose to the Fred that he may have a conflict with the sitting Judge prior to being retained.

Fred had compiled evidence to support during the last two years to support all of his claims.This included two Cardiologist and a senior Hospice nurse as consultants and their full reports after reading through approximately 750 pagers of Hospice and medical documents.Their reports supported Fred's claim of intentional and unjustifiable death of his mother by his sisters.

A complete physiological examination conducted by two national Cardiologists found Verla to be mentally incompetent and prescribed to medications to slow down the spread of her dementia.Lynn and Gretchen decided not to administer this medication.At this time the within the last two weeks had taken control of all of Verlas Regnery's assets.$6.0M.Verlas life became Lynn and Gretchen's liability

Fred has the names of all of the witnesses which were in part Verla's brothers and sister, Nieces and Nephews,Fred and his son and Lynn 's husband Eddie Keith whom Verla lived with for three months during Verla's physical and financial abuse from Lynn after Verla's stroke.Among other things Eddie Keith will testify to was an offer from Gretchen and Lynn to kill me for $100,000,that Lynn said more than once it was time to put the pillow over her mothers face and that my mother must die before the end of 2007.

Fred had a copy of the Neurological examination of two Neurologists stating the grantor was incapacitated when she signed a 2006 trust amendment.
Fred has a copy of the forged trust document removing Alvin Kiehl as the sole trustee of the insurance trust,the same document bears the a false notary.
Fred has copies of the four forgeries Gretchen and Lynn committed to remove $420,000 from their mothers insurance trust. Fred has 500 pages Hospice reports,The results of three Hospital visits of Verla, one was falsified.He also has court transcripts that are very incriminating for the public defender the APS agent ,his sister and her attorney. Fred has a Coroners fraud, a revocation of Gretchen's power of attorney for health care by Verla and Fred's appointment..Fred has many forged checks of Verla's by Gretchen and a great deal more.

From April 15th 2007 until the case was settled in December of 2010 Johnson never appeared in Fred's case.Fred paid Bravos from April 15th until August 30th and Bravos was Fred's sole representative in the Federal Court case.Finally Fred found out that Johnson had deceived Fred into thinking he was paying Bravos and Bravos resigned later settling with Fred for $3000.

Finally in August of 2009 five months after Johnson was retained he files his appearance in Fred's case.From Fred's retention of Johnson until his resignation Johnson never made one court appearance.

He assigns the case to Julie Boynton his associate attorney who had little or no federal court experience.

Prior to Bravos resigning he was successful to gain Illinois jurisdiction and defeat the motion filed by the defendants to approve their accounting.

From the day I met Johnson until the day he resigned there were two elements in my case that would have assured victory.I pushed on these every day.They were sitting in his lap.There was no doubt or question only black or white.

My sisters signed declarations stated they possessed the 18 years of accounting that never been given to Verla during her lifetime.Verla was the grantor and sole beneficiary of her living trust. .Johnson saw this declaration in June of 2009 and when he resigned in September of 2010 he still did not have the trust records.He and Julie Boynton intentionally never filed a motion to compel the production of the trust accounting.

Johnson had a copy of the 2006 Mars report the day I met him .It was written by a team of Neurologists two days after my mother signed a trust amendment removing her sister as successor trustee and taking a $1000 per month payment my mother had written into her trust for her sisters care giving.Her sister was to receive that from my mothers $6.0M estate for the balance of her life.

Johnson also had proof the drafting attorney, Dan Letizia of the 2006 trust amendment was 1000 miles away and drafted the trust amendment at the request of Lynn, one of my mothers three beneficiaries, who was alone with my incapacitated mother at the time the amendment was drafted.According to Juaine the last time my mother had seen Letizia was in 2003 at the onset of my mothers dementia..

Fred also has proof that the same trust attorney's wife notarized a forged document from 3000 milers away appointing a successor trustee Letizia and his wife has never met. Lynn's husband who gave Johnson a full accounting of my sister abuse of my mother and witnessed the entire trust amendment debacle take place.He witnessed Lynn talking to the trust attorney at his home at night telling him how to amend the trust.Johnson and Boynton heard every word of it.

My aunt Juaine was the next person Johnson interviewed.Juaine had visited my mother several times while my mother was living with Lynn in North Carolina.She explained to Johnson she witnessed my sisters abuse of my mother and enforced the fact that my mother had lost her capacity.

My mother died on November 2nd 2007.There is a two year statute of limitation for my mother neglect,abuse and wrongful death.Everything I have written so far Johnson had in his possession or had talked to a witness to confirm my mothers abuse and incapacity.Johnson had seven months to prepare for the lawsuit.He was paid in advance to prosecute my sisters.There also is a four year history of Regnery consulting with at least five Just answer attorneys relating all of the above information to them

After 6-1/2 months Johnson had done nothing relating to my mother abuse and death suit potentially a $3.0M recovery of Fred's sister inherritance.

Johnson then tells Scott Marsik, as he was my aunts executor, he is the person to file these claims.My mother had a pour over will there was nothing to probate.We needed to open the probate estate so I paid Scott Marsik to do so.

Scott Marsik is a DUI and bankruptcy attorney.He was not even remotely qualified to file these lawsuits.He even suggested that I consult with a personal injury or elder abuse attorney.It is quite clear from his October 10th letter that he did not want John Mournier involved or Joe Reich.Joe and John were elder abuse attorneys from Marin California who had knowledge of Verla's abuse and death.


Why wouldn't Marsik and Johnson not welcome John Mournier with open arms along with Joe Reich's input is still a mystery..We are talking about a potential disinheritance of my sisters in the abuse and death of my mother if we prevail. John Mouriner knew the case well and was a seasoned elder abuse attorney.


On October 22nd at 12:49 after reviewing Marsik's proposed motion I wrote to Marsik and gave him a list of many critical issues that must be included in his motion to be filed in the federal court.the following day.

At 4:44 October 22nd Marsik wrote to me he amended the pleadings stating he had incorporated some of my points in his pleading and wanted to get together later to review and discuss how to go forward.

After listening to what Marsik told me regarding some of the additions he had made in his motion at my request it included financial exploitation and the 2006 trust amendment but nothing about the $420,000 forgery, $60,000 in gifts and the $800,000 my sisters had withdrawn during the last 15 months of my motion or any other pertinent information I had given him. I retained the services of the west coast elder abuse attorney to consult with the pleadings and complaint.I gave everyone strict direction no filing without the consultants approval.

The evening before he was going to file to intervene in the Federal case representing my aunt as executor I told him not to file until he had reviewed his motion with the consultant.

Six emails and four phone calls later from the consultant there is no answer until the attorney filed a motion that would never have been granted and it was not.

Now we have our chance in the state court.The elder abuse attorney drafted the motion and complaint and brought into the suit the attorney who drafted the 2006 trust amendment from 1000 miles away making my sisters successor trustees.He also notarized a forged signature from someone he had never met from 3000 miles away which gave my sisters control of the $3.0M insurance trust.He also puts the brokerage house that the first attorney was paid to prosecute as part of the complaint and sends it to my aunts attorney at 6:00a.m they day it was to be filed.

Now without my knowledge my attorney who was never involved in my mothers complaint drafts an amendment under my aunt attorneys name and it is filed.No attachments, depositions, affidavits or one shred of my evidence.The motion is denied and my case is finished.

750 pages of medical records, three consultants review and written reports substantiating my claim of intentional and unjustifiable death,two Neurologists who determined my mother was incapacitated and not only were they not deposed they were not even asked for their affidavits

Does this rise to malpractice no different than the motion to freeze the trust but not attaching pertinacity evidence that the Judge could not ignore.

Those are two cases.

The third was the trust case. Trust accounting incapacity..No depositions or motion to compel trust documents that the defendants said the had in their declarations and after 17 months the attorney resigns.He had signed a contract with me .I upheld my end of the bargain however he breaks the contract causing me untold amount of damages.

I am meeting with the attorney this week defending me in the spiteful lawsuit my last attorney filed against me.His initial counter claim was I was never paid back the #25,000 for the suit that was never filed.

He is not a malpractice attorney.He has said we might want to review our counterclaim however how do we go from $25,0000 to $3.0M?

I have been in court too long and wasted too much money on corrupt attorneys and a corrupt justice system however if I can prove what I have just written would a legal malpractice attorney consider the case?


UNITED STATES OF AMERICA
STATE OF ILLINOIS COUNTY OF DUPAGE
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT


JUAINE BROADBENT, as Executor of the )
Estate of VERLA K. REGNERY, )
)
Plaintiff, )
v. ) No. 09 CH 5192
)
GRETCHEN REGNERY WALLERICH and )
LYNN REGNERY, )
)
Defendants. )


AMENDED COMPLAINT

NOW COMES Juaine Broadbent, Executor of the Estate of Verla K. Regnery, and for her Amended Complaint states as follow.
1. Juaine Broadbent is the duly appointed Executor of the Estate of Verla K. Regnery, deceased. She was a sister of the decedent.
2. Verla K. Regnery died testate on November 2, 2007 a legal resident of Illinois.

3. At a time during the month of August, 2006, the Defendants, Gretchen Regnery Wallerich and Lynn Regnery, daughters of the decedent, caused the deceased, Verla K. Regnery, to be removed from her residence in Illinois and taken first to North Carolina and then to California where the Defendants resided. The Defendants kept Verla K. Regnery in confinement until the date of her death, November 2, 2007, even though Verla K. Regnery expressed on numerous occasions up until the time of her death her desire and expectation to return to her residence in Illinois.

4. The decedent resided in a retirement community in which medical care was available on the premises. Plaintiff who resided in the same retirement community as the decedent had told Defendants she was willing to care for the decedent if she could return to Illinois.
5. From 2006 until her death, the decedent was in fragile health having suffered a stroke and from heart problems, was elderly (in her eighties), and vulnerable. The Defendants capitalized on the fragile state of the decedent to exercise control over her care and finances.
That during much of this period of confinement out of state the Defendants ignored the stated desire of the decedent to return to her home in Illinois and limited the ability of Verla K. Regnery to communicate with the Plaintiff and other relatives who resided in Illinois. This caused emotional distress to Verla K. Regnery.
7. That during the period of confinement in North Carolina defendants used funds intended for Verla K. Regnery and her benefit to pay for the expenses of the defendant Lynn Regnery and her family while at the same time wasting money which was intended for Verla K. Regnery and her benefit on an assisted living facility where Verla K. Regnery was only placed part time to punish her when she would not obey defendant Lynn Regnery.

8. Subsequently, defendants removed Verla K. Regnery to California despite her wishes to return to Illinois and limited her ability to communicate with the Plaintiff and other family members regarding her desire to return to her Illinois residence.
9. Upon information and belief, defendant Gretchen Wallerich used funds which were to be distributed to Verla K. Regnery and used for her benefit for the benefit of defendant Wallerich and her family.
10. During this period, Verla K. Regnery was the beneficiary of two trusts, Marital Trust A created by her deceased husband and the Verla K. Regnery Trust. Verla K. Regnery was to receive all income from Marital Trust A on at least a quarterly basis and principal as necessary for her needs. Martial Trust A had three trustees, the three children of Verla K. Regnery, being the defendants and Fred Regnery.

11. Upon information and belief, based upon documents obtained related to the trusts, defendants did not pay Verla K. Regnery all the income from Marital Trust A, but instead transferred funds from Marital Trust A to the Verla K. Regnery Trust. The Defendants were the two trustees of the Verla K. Regnery Trust. This was done by the Defendants to gain exclusive control over the funds. Had the funds been distributed but not transferred to the trust which defendants solely controlled as trustees the funds would have been part of the Estate of Verla K. Regnery.

12. Further, although Verla K. Regnery fully expected to return to her home and residence in Illinois, the Defendants, without the consent or authorization of Verla K. Regnery, came to Chicago and removed personal property and possessions of Verla K. Regnery from her Illinois residence, selling or otherwise disposing of said personal property without accounting for the proceeds of sale. Said property if not wrongfully disposed of by the Defendants would have been part of the Estate of Verla K. Regnery.

13. Limiting and monitoring the contact of the decedent with Plaintiff and other relatives was part of a wrongful scheme by the Defendants to exert control over the decedent and to obtain control over the estate and assets of the decedent for their own benefit.

14. In addition to keeping the decedent confined in North Carolina and California the Defendants took other steps to gain for themselves total dominion and control of the decedent’s assets and estate and to impede or prevent discovery of their wrongful conduct.

15. Among other wrongful steps taken by the Defendants they had the decedent execute a Restatement of her Trust in late November or early December 2006. A 2003 Restatement of Trust named Plaintiff as the trustee of the Verla K. Regnery Trust upon Verla K. Regnery’s death. The 2006 Restatement of her Trust had the effect of removing Plaintiff as Trustee of the Verla K. Regnery Trust upon the death of Verla K. Regnery and substituting the Defendants as Trustees. Upon information and belief, the 2006 Restatement was undertaken for the purpose of allowing defendants to maintain control of Verla K. Regnery funds and to impede others from discovering their wrongful conduct after the death of Verla K. Regnery. In addition, the restated 2006 Trust eliminated certain monthly disbursements made from the Trust to Plaintiff and other relatives.

16. At the time the Defendants got the Decedent to sign the Restated Trust she lacked the capacity to execute a valid dispositive instrument.

17. That at the time the Defendants had Verla K. Regnery execute the 2006 Restatement of Trust, the Defendants knew or should have known that Verla K. Regnery lacked sufficient mental capacity to fully understand the nature of the instrument that she executed and the consequences and effects of that instrument.

18. In 2005 and in or about November of 2006, Verla K. Regnery’s cognitive ability had been examined at the Memory Assessment and Research Services (“MARS”) clinic in North Carolina. Reports in 2005 and 2006 from the MARS clinic show the deceased and Grantor, Verla K. Regnery, lacked sufficient mental capacity and cognitive ability to understand the nature of the 2006 Restatement of Trust, and the Defendants, Gretchen Regnery Wallerich and Lynn Regnery were possessed of that knowledge, yet failed to disclose those facts to the Attorneys who prepared the 2006 Restatement of Trust, thereby allowing the 2006 Restatement of Trust to be executed even though the Defendants knew of the MARS findings and the condition of Verla K. Regnery.

19. That at the time of the execution of the 2006 Restatement of Trust, a review of the MARS reports indicate the Defendants, Gretchen Regnery Wallerich and Lynn Regnery, possessed knowledge that the deceased was not oriented as to time and place and suffering from cognitive impairment as associated with dementia, and that she suffered from significant cognitive impairment in all areas of cognitive functioning.

20. That upon information and belief and as part of the efforts of defendants to gain total control over the assets and property of Verla K. Regnery including a 1987 Irrevocable Insurance Trust, defendants may have knowingly used forged signatures or unauthorized signatures. This allowed the Defendant's to gain complete control over the assets of said trust which totaled nearly 3.4 million dollars.

21. That upon information and belief, and as part of the 1987 Irrevocable Living Trust of Verla K. Regnery, the Defendants. Gretchen Regnery Wallerich and Lynn Regnery caused a certain number of Computershares to be withdrawn or sold from said Trust, without the proper authorization of the Trustee, or the proper execution of said Trustee. The Defendants used altered documents necessary for this transfer, withdrawal or sale of said shares, for the personal financial gain of the Defendants who knew that the transfer lacked the proper execution and authorization.

22. That in March of 2007, the Defendants Gretchen Regnery Wallerich and Lynn Regnery, transferred and withdrew $60,000.00 from the 2006 Restated Trust of Verla K. Regnery, even though the Grantor of said Trust, Verla K. Regnery, lacked sufficient mental capacity and cognitive ability to authorize or consent to said removal and withdrawal. This resulted in the financial gain of said Defendants.

23. That during the fifteen months prior to the death of Verla K. Regnery, the Defendants Gretchen Regnery Wallerich and Lynn Regnery, withdrew an amount of nearly $800,000.00 from the 2006 Restated Trust of Verla K. Regnery. This sum far exceeded a reasonable amount of money for the necessary care and well-being of Verla K. Regnery while she was in the direct and immediate care of the Defendants. Numerous requests have been made for an accounting of said distributions but said requests for an accounting have been denied or not made available. The withdrawal amounts are excessive and wasteful and not possibly used for the needs of Verla K. Regnery. A full accounting is required to determine the reasonableness of said expenditures and the use of said funds.

24. During her confinement in California, upon information and belief, Verla K. Regnery was removed from her heart medications which she had previously been on for years and placed on medications for depression despite requests by her for her heart medications.

25. The foregoing actions of the Defendants constituted a breach of the fiduciary duties they owed Verla K. Regnery and continued until at least the death of Verla K. Regnery.

26. The Defendants had a fiduciary relationship with the decedent because they were handling the receipt and disbursement of the funds of the decedent as Trustees whether said funds were held for the decedent in Trust or in some other form, such as bank accounts in the name of the decedent.
27. The conduct of the Defendants is so reprehensible that punitive damages should be imposed on them.
WHEREFORE, Plaintiff prays that the court award the estate:
A. Such compensatory damages as are found to be due against Gretchen Regnery Wallerich and Lynn Regnery, jointly and severally;
B. Impose punitive damages against each Defendant, severally, in an amount held to be sufficient to punish the Defendants and deter other like-minded persons from similar conduct;
C. Awarding the Plaintiff her costs of suit, including reasonable attorney's fees in this action, and
D. Granting Plaintiff such other and further equitable and legal relief as this Honorable Court may deem just and proper.


JUAINE BROADBENT, as Executor of the Estate of VERLA K. REGNERY,


BY: __________________________________
Expert:  Richard - Bizlaw replied 2 years ago.
I will respond to this a little later as I just saw it. However, you can get a copy of any complaint filed in the case from the court files.
Customer: replied 2 years ago.
Sir,

Thank you.The federal court interpleader for my aunts intervention was incomplete it did not even show her as a beneficiary of my mothers trust

I do not have the first complaint filed in the state court but I do not it did not contain any evidence just as the enclosed amendment did not.

Thank you for your help
Expert:  Richard - Bizlaw replied 2 years ago.

The amended complaint you posted does not have to contain evidence. It is sufficient if it alleges the relevant facts that establish the basis for claims, especially in federal court. The evidence would be part of the motion to appoint an independent trustee. Your focus must be on the motion and not the complaint. Only if the amended complaint omitted facts that if true could prove a particular legal clam do you have a basis for complaint.

 

The failure to follow instructions if they result in a particular loss, such as on the motion would be a basis for a malpractice complaint. I do believe a mal practice attorney would take the case.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 2 years ago.
Sir,

So just filing a complaint that the judge makes a ruling on is O.K.

Why would you not include documents to support your complaint.

Both the first complaint and second amendment complaint was filed in the state court

When we tried to freeze the trust evidence was not shown to the judge that the attorney was was in possession of which I think you dsaid was a basis for malpractice.Why is the complaint in the state court without evidence to support the claim not the same thing.

The Judge would not hear the case that was the original or amended complaint.If we had accounting which we did and depositions of the Neurologisats stating my mother incapacity when she signed a trust amendment or proof of the withdrawal of heart medications would he have not heaerd the case instead of just seeing allegations the attorney stated in his complaint?
Expert:  Richard - Bizlaw replied 2 years ago.

The judge had to rule on more than just the complaint. The complaint just makes allegations and if the case is decided on the complaint it must decided on the assumption that all the allegations of the complaint are true and all doubts are resolved in favor of the plaintiff. So the dismissal was not on the complaint but on some other legal ground - probably a motion such as jurisdiction. The motion for appointment of a trustee would not be based on the complaint but on a motion where the supporting evidence would be presented. That is where the failure to provide the supporting evidence was negligent by the attorney.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
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Customer: replied 2 years ago.
Sorry on your last response.I have not been back to yahoo as my account is actuallyXXX@XXXXXX.XXX



Sir,
I have been busy after going to the state court where the abuse case was filed by the executor of my mothers estate.

My aunt, the plaintiff, or I during the time the case was filed 11/2/209 until the attorney voluntarily dismissed the case in September of 2007 never received a single document or gave the attorney the authority to act without our authority.

In my retainer agreement with my attorney it stated my attorney would prosecute any claims relating to the estate (he wanted his 1/3rd if my sisters were disinherited.)

He had seven months to prepare for the case with all of my evidence and an interview with two witnesses but with two weeks left before the 2 year statute ended my attorney said the lawsuit should be filed by the attorney representing the executor.

The attorney for my aunt was a bankruptcy attorney and knew nothing about the case.The reason I retained him was to keep the estate open for future legal actions against my sisters.
I was quite upset to find out nothing had been done on my mothers abuse case.

I retained an elder abuse attorney from Marin County who knew the case and told my aunts attorney not to file anything without running it by the elder abuse attorney.

The estate attorney and my attorney decided the first course of action should file a motion in the federal court for my aunt to intervene.

I did not like this approach but gave way to the attorneys.

The day before and the day of the filing the elder abuse attorney sent five emails and placed 4 calls to the estate attorney to send him the proposed complaint.

Without consulting with the abuse attorney the complaint was filed and rejected.
Next step file it in the State court.Again not with the consent of the abuse attorney.

The abuse attorney rightfully so did not have confidence in the estate attorney abilities so he drafted his own complaint.

It was great it brought my mothers abuse and death.the estate attorney who worked with my sister and the financial institution that I had already paid my attorney to prosecute but at that time he did noting.

At 6:am the morning of the filing the estate attorney had the complaint from the abuse attorney.He did not return any calls or emails that day to the abuse attorney.

He ignored the abuse attorneys complaint and instead filed his own.I am embarrassed to even show it to anyone.It was denied.

I then on March 8th get a long letter from the estate attorney explaining I was the one damaged not my aunt so I should amend the federal trust case with my mothers abuse or file a stand alone case.He made it perfectly clear my aunt did not really have a cause of action as the judge so ruled on his first complaint filed in the abuse suit.

Suddenly less that two months later my attorney decides to jump into the abuse case he knew nothing about.He and my aunts attorney file an amended complaint as my aunts attorneys in the state abuse case.It was denied.

My attorney without my aunts,or my knowledge or approval then withdraws from the state court abuse case.

A little while later my aunts attorney voluntarily dismisses the case without my aunts knowledge or authority.

I found all of this out this weekend after going to the state court and paying for 400 documents I waded through.

None of my 2 years of hard evidence and the two witnesses were used.The two Cardiologists and senior Hospice nurse that had read 750 pages of documents and gave me written reports supporting intentional and unjustifiable death of my mother by my sisters.

They were not asked to give affidavits and worse yet their reports were never even mentioned in the abuse original or amended complaint.In fact there were no documents attached to either complaint.

The worst.

For six months we were going to sue the local trust attorney for notarizing a forged signature which transferred control of a $3.0M trust.He also drafted the 2006 trust from 1000 miles away at the request of one of three beneficiaries.

My mother was incapacitated .She had not seen the attorney for three years.The attorney knew my aunt the executor and successor trustee and my uncle the trustee of the $3.0M
insurance trust.They all lived in the same town.The attorney and my aunt.sisters,my mother and me knew none of my mothers children could become successor trustees.

Without calling my aunt or uncle to find out my mothers mental condition he drafts the amendment to removes my aunt not only as successor trustee but also a a beneficiary of $1000 per month for the rest of her life.

The same attorney in 2003 amended my mothers trust specifically to protect my aunt.
The initial complaint and the amended complaint did not even mention this attorney in their complaints.They said my sisters had drafted an amendment and then had my mother sign it.
This was beyond belief after reading the documents this weekend. Without putting into the complaint anything about the trust attorney the Judge maybe thought my mother did this on her own.
The estate attorney also was involved in the settlement.After claiming he read the settlement and everything was in order he told my children aunt and I to sign it.

He never read it or he lied to us because he knew the minute the trust case was settled I was filing a slayer statute case in the state court against my sisters.

Six months after the signing I found out that my aunt, children and I were precluded from taking any action directly or indirectly against my sisters.

When you couple this fiasco with the trust case 17 months without deposing the Neurologists or filing an order to compel trust documents my sisters declarations stated were in their possession the two attorneys in my opinion committed many forms of malpractice.

The question is I am being sued by my previous attorney out of spite for writing the ARDC regarding his refusal to refund the $25,000 I gave him for not prosecuting the brokerage firm which was in our contract.

We have filed a counter claim.

To confuse matters even more when I was sued the ex -estate attorney represented me.I paid him $2500 he lost his motion to dismiss then resigned as he would be a material witness in the case.Needless to say I was not advised of that when I retained him.

Now the 64 dollar question.

The attorney suing me is 3 months late in giving us his discovery.Should we amend our counter claim and also see if we could bring in the attorney who initially represented me
in the case initially

Should I file a malpractice suit against both attorneys?

Both were involved in the trust case.Nothing happened after 17 months.Then the settlement by the estate attorney in the trust case.

Then both were involved in the abuse case and one withdrew the other filed a voluntary dismissal on his own.

Isn't some of this pretty much black or white?

If I file a malpractice case and the insurance companies attorneys after they see what happened in both cases would they be likly to quickly settle?

I will be happy to pay you for your time in advising me on the above.
Expert:  Richard - Bizlaw replied 2 years ago.

Bringing in the originally attorney I think needlessly complicates matters and provides a basis for saying that the main attorney you are suing was not the total cause of the loss. You should focus on getting your discovery.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 2 years ago.
Sir,

I don't think my question was very clear often times I write to much and maybe don't get my question across.

There has always been a malpractice claim available to me for the trust attorney getting paid $50,000 to prosecute two cases as well as an estate case.He resigned 17 months later without deposing two crucial witnesses or compelling the defendants to turn over trust documents their declarations stated they were in their possession.My attorney had 16 months and never filed an order to compel for at 16 months before resigning.This was basically a trust accounting suit.

A second attorney represented my aunt as executor but there was nothing to do except keep the probate estate open for a future claim.It was a pour over will so their were no assets in the estate.

I did not seek a high priced attorney to open up the probate estate.

After 6-1/2 months had elapsed there was two weeks left on the abuse statute.Because my attorney did not prepare for the case he gave it to the executors attorney.

I knew he was not qualified so I retained an elder abuse attorney to guide him.

A motion to intervene in the federal court trust case never should have been filed however the attorney would not send hisd coplaint to the consulting attorney.The Judge reuled against us.

He now files in the state court once again ignoring my consultant.His complaint did not have a chance and was denied

Now the estate attorney tells me myu aunt was not the damaged party thjat I should file the suit.Six weeks later my attorney gets involved and they file an amended complaint in the state court for my aunt.

These are the same two attorneys that 1.after six months to prepare for the estate case gave it to the executors attorney.After two failed complaints made by him he tells me I should bring the suit because my aunt has no cause of action.

Six weeks later my attorney and my aunts attorney file an amended complaint on behalf of my aunt in the state court.That motion was denied.My attorney withdraws the estate attorney files a voluntary dismissal of the case.

My aunt,elder abuse consultant never received any court documents or consent to amend,admit a second attorney,his withdrawal or voluntart dismissal of the complaint.

I find all of this out by going to the court house and purchasing 400 documents.

I was sued by my first attorney out of spite when I wrote the ARDC because he did not refund my the part of their retainer that covered a suit against the financial institution.

We counter sued for the amount that was owed but were considering amending the counter suit for the damages my first attorney caused me by resigning without taking two critical depositions or obtaining the trust documents.That was before I obtained the state court records.

Now I am told in a short email what happened in the state court was pure malpractice especially voluntarily dismissing the case without the clients knowledge.

My choices are do nothing awaiting the outcome of the present suit.

Amend our counter claim for a great deal more money

or file a malpractice suit against one or both attorneys.

From what I told you that took place in the state court without communicating with the plaintiff from start to finish,sending me a letter after he lost two complaints representing my aunt that she did not have standing and that I should bring the cause of action as I incurred the damages but then turns around and files an amended complaint in my aunts case,without authority,admits my attorney who did not want the claim in the first place,the lose on their complaint,my attorney withdraws and the estate attorney files a voluntary dismissal of the case.

All of the above without the knowledge of the plaintiff and without my knowledge as none of the court documents were sent to anyone is this a prima facia malpractice claim?

If so what should I suggest to my attorney once he gets back in town.All he knows from his short email was the case was voluntarily dismissed by the attorney without the consent of knowledge of the plaintiff.
Expert:  Richard - Bizlaw replied 2 years ago.

I understand better now. In this case, you need to amend the complaint to add the other attorney as a party. You do not want to have the suits against the two attorneys split up.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 2 years ago.
Sir,

Sorry again for not getting back to you sooner.I have been documenting everything to my attorney for review.

Malpractice separate suits or estate attorney brought into my current case and amend our current counter cl

Here is what is clear with my attorney

1,Failure to disclose potential conflict with the sitting Judge.

2.Retainer signed by me and my attorney as an individual to prosecute two complaints and a third that may arrive from the estate

3.April 15th 2009 retainer signed.

4.August 20th first time my attorney admits himself into the case

5.Judge recuses herself.

6.From the inception of our engagement until his withdrawal my attorney did not appear in court

7.Without this being covered in the retainer agreement the cases is handled by an associate attorney without trust experience or federal court experience

8.Her three motions were denied based on not including evidence she was in possession of.

9.Failure to review the law when motion on the pleadings was made.The claim stated I was not a plaintiff as I was only a beneficiary of a sub trust.

The law is clear anyone who was ever a beneficiary of the grantors trust at any time has standing.I was a direct beneficiary. from 1986 until 2003

10.17 months expire,for 16 months my attorney was in possession of declarations that the defendants were in possession of trust accounting going back to the inception.We never received the accounting and an order to compel production was never filed

11.A 2006 trust amendment was drafted and signed within two days of a Neurological examination showing my mother lacked capacity.It was drafted by an attorney from 1000 miles away by direction of one of three beneficiaries alone with my mother.

The content removed my mothers aunt as successor trustee and a $1000 grant to my mothers sister for life.Nine witnesses before during and after the trust was amended were witness to my mothers incapacity.

In spite of the attorney interviewing two of the witnesses he failed to depose the Neurologist or request any affidavits from the Neurologists or the witnesses.

17 months later he resigns and without my knowledge my aunts attorney agrees with the resignation and admits himself as the new attorney.

I entered into a contract with my attorney and did not violate my contract in fact I prepaid my attorney the entire sum of money he requested to prosecute my complaints.He violated the contract by withdrawing prior to prosecuting either of the cases. Isn't the contract binding on him no differently than on me?

There is no research done to determine if the executor has standing in the financial exploitation and abuse case.


Abuse and death.With two weeks left in the statute my attorney gives it to my aunts attorney.He is a bankruptcy attorney.I hire an elder abuse attorney and nothing is to be filed without his authority.

There is no research done to determine if the executor has standing in the financial exploitation and abuse case.

A motion and complaint for my aunt to intervene in the Federal court is denied.6 emails and three phone calls are ignored from my consultant the day before and the day the compliant was filed.
Motion denied.

Consultant drafts a complaint including abuse,financial exploitation,and includes the estate attorney and the financial institution who allowed my sisters to withdraw $1.8M without my required signature.

Consultants complaint is ignored and estate attorney files the same motion in the state court that was rejected by the federal court.No cause of action was cited leave to amend.

The estate attorney writes me a letter stating my aunt was not the injured party I was and should be the plaintiff.He states our "back door" attempt did not work.

Six weeks later my attorney jumps in with my aunts attorney and files an amended complaint in the state court very similar to the first complaint.My aunt is still the plaintiff.Rejected by the court.Same reason as the first amendment failure to show cause of action and standing

My attorney withdraws from the case,My aunts attorney without authority files a motion to voluntarily dismiss the case.

The responses from the defendants centered around the four months my mother and I were in California one statement was the abuse case was tried and denied in the conservator hearing.

None of my two years of evidence surrounding the four months in California was ever cited, my there expert witnesses,hospice or hospital report court transcripts all thing that documented my mothers abuse and death.

My attorney and my aunts attorney simply did not review any of the evidence or happenings in California so they could not counter the defendants assertions.No one talked to me or asked me to look at the assertions.

For the 12 months this case was on record where was not one discussion with the plaintiff and not one court document sent to either my aunt and me.

The damages from both cases and the attorneys malpractice could have been as high as $3.0M if intentional and unjustifiable death was shown and more after the trust audit.

None of the three complaints mentioned the trust attorneys.Without him the insurance trust can not change trustees and the 2006 trust amendment could not have happened.He was 1000 miles away from a grantor he knew had a stroke and wrote the amendment at my sisters direction.

Without pointing this out if I were the Judge I would think.Why were the depositions or affidavits of the Neurologists taken.

A grantor of a revocable living trust is the only person who can amend it.Since the Chicago attorney was not mention in any of the complaints is it not reasonable for the Judge to think my mother had the capacity to change as the lawyer who drafted the amendment would not have allowed her to sign it unless she had capacity and determined by him she was not unduly influenced.

Two questions.

1.How can my aunts attorney write my a long letter stating my aunt did not have a cause of action, was not damaged therefore she did not have standing and that I should become the plaintiff.Then six weeks later file an amendment on behalf of the person with no standing, no injury or cause of action.That destroyed the case.My ability after that to file the same complaint even with my evidence would be jumped on and squashed by the defendants attorneys.

2.Both the estate attorney my attorney and the associate were in it together.

They saw my past track record knew I was not mentally functioning [properly and or got paid off.The reason does not matter either does a claim they were not competent.

Unfortunately I did not find out until it was too later that I was suffering lithium toxicity.

Can my attorney amend my counter claim and Join my aunts attorney and r the associate or do we have to file a malpractice claim separate and apart from the current suit against me?
Customer: replied 2 years ago.
Sir,

Have you had a chance to review my question.
Expert:  Richard - Bizlaw replied 2 years ago.
If you do not mind I will go through the question tomorrow in the morning and get back to you I am just seeing it now.
Customer: replied 2 years ago.
Sir,

what does this mean

4/10078 pacemaker replacement successful, heart medications administered that is when my sister thought I was coming home in August and my mother she thought my mother was staying with her fr life until my 5/28 letter I

40 hours later no medication but opiate and comatose l. I take my mother on 6/6 1/2 to the hospital comatose.

IV given to wash out hahdol and my mother was wide awake

Pill form but not heart medications how does my sister POA explain.

If 4/4 condition is the same cardiologist does not my sister as POA prevents to continue the heart medications? 6.6
Expert:  Richard - Bizlaw replied 2 years ago.

In your post you said some thing that is significant which is that you think all three attorneys were in it together. One of the biggest concerns where there are multiple parties involved and who may be at fault, you want the parties all in the same action otherwise you run the risk of inconsistent judgments where one judge lets the one in front of him go as not guilty because another party is at fault and a different judge makes the opposite judgment and assigns blame to the first party and lets the one in front of him go. For that reason, I would bring the other parties into your existing case. That way you avoid the chance of inconsistent judgments.

 

On your first question, I do not know the rationale for the motion given the stated position. However, that motion would not affect a similar motion by you if it was dismissed on the grounds of lack of standing. You would have standing so they would have to go to the merits of the motion. However, if it was dismissed for failure to state a claim, you would have to show how they failed to provide sufficient allegations to make out a valid legal claim if they had standing.

 

On the second question, your attorney cannot make a motion that is not without your consent. That alone would be a breach of your rights as a client.

 

On your second post, this relates to the cause of death and I do not know if you can relitigate that issue after the settlement or the refusal of the authorities to pursue the matter.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

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Customer: replied 2 years ago.
Sir,

It would take me a week but if any attorney looked at all of the factss from my retention of my Attorney 4/2009 until his resignation on 10/2010 and the involvement of my aunts attorney both in thse state as wekll as the federal court they would not believe it.

All I can say in the trust case is 17 months opassed without my attorney never making an appearance except once.Five months after he was retained he signed into the case.The Femail Judge saw the score very quickly in my case.She was going to order the accounting and give us leave to take the Neurologist deposition.The case is over.But she recuses herself based on a conflict with my attorney that he did not tell me of until the retainer agreement was signed and he was paid $50,000

It was my attorney from the original state coutyrt filing until August of 2009,then my attorney admits himself, the Judge recuses herself,and from there on an asscciated handlked the case and every motion filed or answer given were without merit.

6-1/2 months prior to the statute of limitations expire the abuse and death case was thrown at the bankruptyc attorney,his motion in the Federal court to intervene is dismissed as it was in the state court,ignoring the elder abuse attornety that I just had hired.Then a letter to nme stating our "back door" apprioach in the state court through the executor did not work.You are the injured party your aunt does not have standing or is able to state a cause of action.6 weeks later he and now my attorney go back to the state court representing my aunt with an amended complaint.It is denied.My attorney withdraws my aunts attorney files a voluntary dismissal.

Not one of the documents for 12 months of the case was ever sent to my aunt or I.After picking up 400 pages of documents last week at the state court I now know the entire picture

90% of my mothers abuse happened in California where she died ,I had compiled enough evidence to sue my sisters for the slayer statute.Two cardiologist and a senior Hospice nurse agreed.

It turns out neither attorney ever looked at the evidence and witbnesses for the abuse case and the defendants pounded home the case was already tried in California I had a restraining order etc.My attorneys could not respond as they never reviewed my evidence,court transcripts or medical records.

I will talk to my attorney on Monday I 100% agree the three attornewys need to be in one case.If my current suit we can ammend the counter claim that would be great instead of filing a new malpractivce suit

While that is happening an elder abuse attorney who took a liking to my case early on is meeting with various members of the community not speaking of my mothers case but elder abuse in General and how it is not followed up by the authorities.

While I am writing you this a doctor from JA is reviewing 750 pages medical documents for the second time.

Now a legal/medical question.

My mother through the California Cardiologist was to have her pacemaker replaced in April of 2007.The same M.D who admitted my mother into Hospice on 5/31/007 leaving her heart medications our of the hospice plan of care but replacing them with opiates admitted my mother to the same hospital for the pacemaker replacement.

What I am doing now is having the JA doctor compare the two hospital reports in detail the 4/18/2007 pacemaker and the 6/62007 when I brought my mother to the hospital but still not heart medications.I though ans titil do think I have the evedidence to convict my sisters of intentional and unjustifiable death.

My last avenue is the D.A in Marin.He will refuse as it will expose too many prominent professionals and public servants in the county.So my friend sis starting at the grass roots to pressure the attorney to investigate my mothers murder.

I dont know why I or anyone eldse in the case did not think what hit me last night.

April 16th my mothers cardiologist orders a new pacemaker.My sisters 40 year old friend admits her to the Marin general Hospital.

No complications always on her heart medications.

Six weeks later the G.P signs an affadavit from my sisters home stating my mother was terminally ill and follows my sisters instructions to keep the heart medications off.She says he did it.No one has verified that

If the JA doctor comes back to me later today and says from 4/16 visit to the 6/6 visit there was no deterrioration of your mothers health I think my case is won.

Why did this happen it is simple.

In Aopril my sister thopught I was coming home from China is August passing through to see mymother on my way back to Chicago.Sghe thought my mother would live her life out with her in California.

On May 28th of May my sister received a letter from me I was on my way home to take my mother back to Chicago.48 hours later my mother is in Hospice withpout blood pressure medication of heart medications but in their place opiates.

Both of my sisters panicked.The knew I would have found out in my absence about the forgeries and changes of trusrts so deceided their only option was to end my mothers life and four months later my mother died.

Their was no terminal illness indicated in the 6/6 visit.None in the 4/16 visit.

If the JA doctor co,mes back to me tonihght and tells me your mothers condition did not deterrioriate between the two visits then why were the hjeart medications taken and opiates puit in their place.

I have heard the word prima facia.I was confident I could prove this however my last nights revalation and the doctor today might put me over the top and leavethe district attorney wioth no option other to investigate muy mothers murder.

He does not need to do much I have already done ot with documents and two witneess

What do you think?
Customer: replied 2 years ago.
Sir,

After a complete review of the case and the evidence I have been advised the District attorney must investigate the death of my mother.So for the last week I have been compiling folders of events.

What I don't know is how the settlement agreement effects the criminal investigation.

I signed off on all of my rights and released by sisters of any of their wrong doings.

Is this document irrelevant in a criminal investigation and the fraudulent amended trust,forgeries,no accounting etc come back into play.

The financial institution was also released

There was $1.8M withdrawn without authority.How is that looked upon in a criminal investigation.Can the financial institution have any liability?


Last question.

A living trust,one grantor one beneficiary,principal and interest goes to the grantor,principal if requested.

Grantor sole beneficiary writes a letter to the financial institution telling them to freeze her trust.Trustees write a letter stating they are the trustees and to ignore the grantors demand.The financial institution does not freeze the trust.

Is their liability on the part of the financial institution?
Expert:  Richard - Bizlaw replied 2 years ago.

Unless there was some reason for the financial institution to believe the trustees were acting improperly, they would follow the directions of the trustees as their appointment puts into question the competency of the grantor so they would be in their rights to follow the directions of the trustees.

 

The settlement does not restrict the District Attorney in any way. A criminal investigation is brought in the name of the state and not any individual party and no individual party can restrict the state's investigation of a crime.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 2 years ago.
So if the investigation of the brokerage house proves to show my sisters worked with the broker to not require my signature and withdrew $1.8M what happens?

My mother had an AB trust.She was A .My sisters and I were the trustees either all three agree or the dissenter in writing dissents.

The $1.8M went straight into my mothers living trust which my sisters conntrolled and controlled its monthly statements.

My fathers will states my mother gets all of the income of trust A and with the trustees agreement any principal she may require.

My mothers living trust its not my mother.Int the $1.8M withdrawal fall under the executor as it was withdrawing assets from her trust but my mother was not receiving the money her living trust was.

Again can the criminal investigation also mean the financial institution may owe the estate $1.8M?
Customer: replied 2 years ago.
Sir,

I have put together 14 files.One for each event beginning with a 1998 $500,000 living trust diversion to the two sole trustees.

It ends with the coroner (law official)stating on the records after my autopsy report by law he must take the autopsy of my mother.Three weeks later I found out my mother was cremated without a toxicology test.It turns out the coroner gave the evidence to the accused to dispose of.

When I am done one other person will come with me.Not an attorney.The District attorney will have no choice but to investigate.If he says he wont the entire county will see the same evidence he ignored as will the Attorney General and the Governor.

As a son and a beneficiary don't I have standing with the hospital for some critical missing records?They wont return my faxes and phone calls.All I was told 10 days ago was send my request with a copy of my mothers trust.

I found a hospital billing report.Two visits both an EKG was ordered.Neither are in the records but my mother was charged $265.00 for each one.

Do you have any suggestion on what I need to do to get the missing medical documents?
Expert:  Richard - Bizlaw replied 2 years ago.

Have you considered having your aunt request the records. As executor she would have the authority to do so. If the estate is closed you could apply for letters of special administration. I would get your aunt to try first because she was the executor.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 2 years ago.
I would prefer to keep my aunt out of this.Since I settled the trust case in December of 2010 knows anything about what I have been doing in relashionship to my mothers death.

I was told by the hospital as my mothers son and a beneficiary of her trust that I had the right to request my mothers medical records.

Cant I have my attorney write a letter including the missing documents I requested and a copy of my mothers trust?
Customer: replied 2 years ago.
I would prefer to keep my aunt out of this.Since I settled the trust case in December of 2010 knows anything about what I have been doing in relationship to my mothers death.

I was told by the hospital as my mothers son and a beneficiary of her trust that I had the right to request my mothers medical records.

Cant I have my attorney write a letter including the missing documents I requested and a copy of my mothers trust?
Expert:  Richard - Bizlaw replied 2 years ago.

Given what the hospital told you (I thought they were refusing to deal with you) have your attorney write the letter you indicated.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 2 years ago.
Sir,

I have as much facts and documents as I am able.They are quite easy to follow.However I still run into the problem of the district attorney not wanting to expose three doctors,a coroner,a superior court Judge and an APS agent and public defender.

Probably the easiest case to prove is financial exploration of my mother after she had her stroke.

Just for example when the trust states after the grantors incapacity trust funds can only be used for the health and welfare of the grantor.

My mother during the last 13 months of her life lived in my sisters houses for the most part.Her medical care was paid for through medicare.

She needed a caregiver and food.There was a monthly automatic withdrawal to my sisters of $8000-$10,000 per month.A $70,000 master card bill during the 13 months of $70,000 and personal legal fees of at least $100,000.

My sisters had free reign with my mothers assets with no one to answer to or account to as sole trustees.

My mothers trusts were in Illinois.The federal court confirmed by accepting becoming trustees of an Illinois trust that Illinois had jurisdiction.

In Illinois financial exploration is a criminal offense.The penalty if found guilty is disinheritance.

Is it possible for me to put together maybe $1,000,000 of withdrawals that could be considered financial explotation of an elderly handiccapped Illinois resident and take it to the District attorney in the county my mother lived in?
Expert:  Richard - Bizlaw replied 2 years ago.

You can provide the information but you need to keep in mind your obligations under the settlement agreement. Going out of your way to provide this additional information without being asked for it by the District Attorney could expose you to problems under that agreement. Finally, you can do no more than provide the District Attorney with information. The decision to proceed further is solely in the discretion of the District Attorney. If you can maneuver it you should get the District Attorney to provide him with any other information you might have on the treatment of your mother and the information you mention in the post would be the response to the request.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 2 years ago.
Sir,

I can not find the law but it definantly was there I read it many times.Financial explotation.

in Illinois is a criminal conviction.It was a new law that was exactly like the slayer statute.

It it can be substantiated after my mothers incapacity that my sisters,abused ,neglected and took my mothers money (the amount is not an issue.)committed financial exploytation of my mother should my attorneys have gone straight to the D.A or must you get a civil convoiction first I am almost positive there was no mention of that being the first step.

Financial explotation is far and away the easiest to prove.From my sisters accounting 2006.2007.2008 the amount of money withdrawn was at least $300,000 over and above my mothers care.

Looking at it in a different way.A caregiver living at my mother small home in a nursing home wqould have cost X.My sisters took Y.My mothers exopenses I was told were to be reduced by virture of living with my sisters.

Three questions please.

Can you find the Illinois financiql explotation law that disinheritance follows a criminal connviction of fiinancuial explotation?It is definantly there but I cant find it?.

Can you go straight to the Duistrict attorney with ther evidence instead of first ggoing through the civil court?

Is there a staturte of limitations.The first time I saw my sisters version of what was in the trust was in June of 2010 and I was not sure if tat was accurate.I have never been giiven a copy of the $900K federal tax return on a $2.5M estate.

My attorney will give me his final word by he is certain that when I sifgned off It could only be for any civil matters.

If someone has information that could regarding a murder and does not come forward they to have broken the law and could be charged.

Please tell me you opinion regarding the steps I should follow once my evidence folders are complete.

If the D.A in Marin County refusesI will tell him the citizens of Marin county will be told exactly what happened to my mother, the parties involved.their roles.

I willl probably be pushed off the the assistant and they say they will review it.I plan on telling him if they do not prosecute the citizens, the Attorney general and the Governor I will personally go to give them the same evidence.

I have heard the word prima facia many times.If you saw the evidence I have it would be crystal clear that my sister used her power of attorney every step of the way.

She only needed her 40 year friend to admit my mother into Hospice and keep her heart medications from my mother.The rest was a cover up for the doctor and my sisters deception with all of the parties involved.

I would appreciate it if you could give me simple guidelines to folllow step by step.
Expert:  Richard - Bizlaw replied 2 years ago.
I will have to get to this tomorrow if that is OK
Customer: replied 2 years ago.
Thank you,

I have a few documents to send you regarding the settlement agreement and my ability to deal with the District attorney6s however there are no way to attach the documents in this reply
Expert:  Richard - Bizlaw replied 2 years ago.
OK I will be back to you tomorrow
Customer: replied 2 years ago.
My friend's brother is an assistant District attorney for Aurora Illinois.

I have 1500 pages of documents organized by date. Each folder has the key points outlined.

The assistant attorney from Aurora stated that he felt the Marin District attorney would have to investigate my mothers dearth.He laughed and said I had already done the investigation for him.

Because I never had evidence of my mothers assets until the settlement in December of 2010 cant I use that as the starting date for the statute of limitations for a criminal investigation of financial exploytation?
Expert:  Richard - Bizlaw replied 2 years ago.

Below is the relevant text of the statute you are looking for. It is the Probate Act where it is found. Financial exploitation is a crime and there is no need to go through a civil proceeding first.

 

(755 ILCS 5/2-6.2)
(Text of Section from P.A. 96-1551, Article 1, Section 995)
Sec. 2-6.2. Financial exploitation, abuse, or neglect of an elderly person or a person with a disability.
(a) In this Section:
"Abuse" means any offense described in Section 12-21 or subsection (b) of Section 12-4.4a of the Criminal Code of 1961.
"Financial exploitation" means any offense described in Section 16-1.3 of the Criminal Code of 1961.
"Neglect" means any offense described in Section 12-19 or subsection (a) of Section 12-4.4a of the Criminal Code of 1961.
(b) Persons convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability shall not receive any property, benefit, or other interest by reason of the death of that elderly person or person with a disability, whether as heir, legatee, beneficiary, survivor, appointee, claimant under Section 18-1.1, or in any other capacity and whether the property, benefit, or other interest passes pursuant to any form of title registration, testamentary or nontestamentary instrument, intestacy, renunciation, or any other circumstance. The property, benefit, or other interest shall pass as if the person convicted of the financial exploitation, abuse, or neglect died before the decedent, provided that with respect to joint tenancy property the interest possessed prior to the death by the person convicted of the financial exploitation, abuse, or neglect shall not be diminished by the application of this Section. Notwithstanding the foregoing, a person convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability shall be entitled to receive property, a benefit, or an interest in any capacity and under any circumstances described in this subsection (b) if it is demonstrated by clear and convincing evidence that the victim of that offense knew of the conviction and subsequent to the conviction expressed or ratified his or her intent to transfer the property, benefit, or interest to the person convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability in any manner contemplated by this subsection (b).
(c) (1) The holder of any property subject to the
provisions of this Section shall not be liable for distributing or releasing the property to the person convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability if the distribution or release occurs prior to the conviction.
(2) If the holder is a financial institution, trust
company, trustee, or similar entity or person, the holder shall not be liable for any distribution or release of the property, benefit, or other interest to the person convicted of a violation of Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 unless the holder knowingly distributes or releases the property, benefit, or other interest to the person so convicted after first having received actual written notice of the conviction in sufficient time to act upon the notice.
(d) If the holder of any property subject to the provisions of this Section knows that a potential beneficiary has been convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability within the scope of this Section, the holder shall fully cooperate with law enforcement authorities and judicial officers in connection with any investigation of the financial exploitation, abuse, or neglect. If the holder is a person or entity that is subject to regulation by a regulatory agency pursuant to the laws of this or any other state or pursuant to the laws of the United States, including but not limited to the business of a financial institution, corporate fiduciary, or insurance company, then such person or entity shall not be deemed to be in violation of this Section to the extent that privacy laws and regulations applicable to such person or entity prevent it from voluntarily providing law enforcement authorities or judicial officers with information.
(Source: P.A. 95-315, eff. 1-1-08; 96-1551, eff. 7-1-11.)

 

Present the evidence to the district attorney. You do not need to make any threats the evidence will speak for itself.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
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Customer: replied 2 years ago.
1700 documents in 18 folders went out last night to an assistant states attorney in an unreklated county as a favor to a friend of mine.He said he has investigated at least 100 nurder cases in 20 years and has never have handed the evidence in his lap.

He said the District in Marin Count must investigate the murder.

He said the coroner was the smoking gun cooperating with my sister insteadof the law.He had jurisdiction over the patholigist he is a law enforcement agent and a crime was reported he must perform the autopsy.Cremation befor the toxicology test is what he allowed.How does this make my sisters look

Regarding financial exploytation I can claim the clock started running at the settlement agreement as prior to that they would not show me what my mothers asset were?
Customer: replied 2 years ago.
I sent a letter to the coproner, Hospice and the Hospitral today demanding documents and how they were part of the problem.If the refuse I will get a court order and a forensioc computer expert.

In the settlement agreeent the judge cross out to crucial aspects

1.Withdraw abny assertions of wrong doing of by your sisters and 2. Covenant not to disparage.

I believe I could tell everyone in Marin County my sisters murdered my mother without violating the agreement.They could sue me fopr slander but I dont think they want to go there.

The 1700 pages of documents are probably posted on the Just answers web sire.There is nothing that states that those documents can not be sharred with anyone.
Expert:  Richard - Bizlaw replied 2 years ago.

On the statute of limitations that is a criminal statute of limitations not a civil statute which is 4 years from discovery. So I think the statute of limitations is not an issue. I think you have done a good job and all that you can do. Let's see what happens.

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Customer: replied 2 years ago.
Sir I was wondering if you do me a favor and quickly look at the settlement agreement.I have couldbeen told I am on solid grounds but I would appreciate your opinion.

Since it was determined Illinois has jurisdiction over my sisters as it relates to my mothers trust and the trusts where the financial exploytation took place were in Chicago is the District attorney in the county where probae was opened and my mother lived have jurisdiction.

The very first time I saw an accounting was June of 2009 it covered 2006-2007-2008 and the Judge did not accept it.If a D.A took the case how far back could my sisters liability extend to.
Expert:  Richard - Bizlaw replied 2 years ago.
If it is IL it is a three year statute of limitations or one year from the date a person who was not involved in the crime discovered the circumstances. If the settlement agreement was attached to one of the earlier posts I will check it if not please attach it (keep in mind this is a public not private forum so anyone can see it) and I will look at it.
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Customer: replied 2 years ago.
Sir I am not sure I understand this.18 years of accounting was washed away in the civil suit as was anything my sisters may have done since the inception of the trust.I was a trustee of my fathers trust but the money came out of my mothers living trust.I had no idea of what the balance was.In June of 2009 the federal court rejected 2006-2006 accounting.Even the settlement agreement is not clear.

When you say three years or one year from the date a person not involved in the crime discovered it I am assuming it means me.I have a cause of action against the attorney who settled the case either he did not read the settlement agreement or read it and knew I would not sign it.

I was locked into a fixed dollar amount without ever being able to verify what the total amount was of my mothers assets.There were no financial statements which means my attorney relied on the defendants verbal accounting.

I am not quite sure if one year applies to me when it would have begun
Expert:  Richard - Bizlaw replied 2 years ago.
I am assuming you are the person who is the one to make the report. If I use the June 2009 time frame, which may not be correct, the three years would end at June 2012. If it was later than that it would move back accordingly. A defective accounting may not be the triggering effect. The time may be when you went to the Marin County DA which was less than a year ago. So I do not know that the statute will be an issue. The DA himself will make that determination in any event as it is not in your hands any more.
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Customer: replied 2 years ago.

Sir,

 

I never went to the Marin District attorney.I want to contact the D.A here if that is what you advise.Mymothers trust were here and the federal court has already ruled they have jurisdiction over my sisters relating to the trusts.

 

One more interesting note.

 

The california statute says they must honor an out of state POA.My mothers was from Illinois

 

on 6/62007 my mother revoked my sisters POA under the illinois revocation clause.Verbally to a witness 18 years or older who them documents the revocation in writing.This happened.My attorney drafted the revocation and appointment of me and I signed and had it notareized.

 

Everyone was copied.It is in the medical records.Everyone ignored it.My sister continued to act.

 

The Illinois poa act states if the revocation is concealed or not acted on and the person dies from withholding or withdrawing life sustaining medications the charge is manslaughter.This hapened.could this be cause for Illinois jurisdiction

 

the link. please understand the sattorney who only selected a few exerpts from the document knew I was going to the D.A and had a vested interest.

 

http://mbf.me/1oc7i

Expert:  Richard - Bizlaw replied 2 years ago.
I thought your mother died in CA which would be the place where such a claim would be filed. I also thought you were sending materials to the attorney general or DA there but I guess I was incorrect. On the other hand I thought the elder financial abuse was in Illinois. If you are going to take any action on this you have to deliver the information you have to a DA either in CA or Illinois. If you are going start with the DA in Illinois and he will tell you what his interest is and may say if you think there was a homicide that occurred in CA he will refer the matter to a CA DA.
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Customer: replied 2 years ago.
Sir,

sorry for the confusion.Yes I have 18 files and 1700 documents ready for the California D.A however since we began talking about financial exploitation in Illinois it would much better if I am able to take that route as it accomplishes the same thing if proven disinheritance.

My mothers death is a California issue but why go there if I don't have.

By far the easiest part of my cases the money.

What I need you help on is do I still have time?
Customer: replied 2 years ago.
Sir,

sorry for the confusion.Yes I have 18 files and 1700 documents ready for the California D.A however since we began talking about financial exploitation in Illinois it would much better if I am able to take that route as it accomplishes the same thing if proven disinheritance.

My mothers death is a California issue but why go there if I don't have.

By far the easiest part of my cases the money.

What I need you help on is do I still have time? am I safe under the settlement agreement?
Expert:  Richard - Bizlaw replied 2 years ago.

You need to take the material to the ILL DA ASAP as the statute will run possible in June. The longer you wait the less time there is to address it by the DA.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 2 years ago.
I will call my attorney tomorrow.The whole case including the murder.

Please let me know what you think about liability under the settlement agreement
Expert:  Richard - Bizlaw replied 2 years ago.

I went back through the settlement agreement. I do not think the restriction on assisting in litigation covers a criminal matter and I believe any such restriction would be unenforceable as against public policy.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 2 years ago.
Sir,

I talked to the detective who helped me with putting tigether the files.We both agree with your advise to go straigtht to the D.A where probate was opened.

The problem is my attorney is out of town and I can not talk o him regatrding the statute of limitations and when it began to run.

Here is what we have to work with

1.The insurance interpleader was settled but my sisters spent $190,000 in legal fees when we could have walked into the federal court alone and picked up our monety.

Their reason is the trust document changing trustees was forged and the $420,000 withdrawn from the insurance trust was also by forgery.

My attorney was not acting in my best interest however I was able to make sure the settlement agreement only released the falsified trustee.He did nothing wrong.My sisters were not released as hard as their attorney tried.

Without my knowledge or consent they forged my signature and deposied 1/3rd into an account under my name.There is a clause in the trust agreement that my mother had the right to withdraw the cash surrender value.Their forgeries erraseed this opportunity.

My mothers brother was trrustee for 18 years.He would have aced on my mothers say so but my sisters would have never allowed to allow my mother to withdraw the cash surrender value after the forgery.I do not think.

There was a fraudulant trust amendment two days after a neurological examination that found my mother was mentaqlly invapacitated.

The amendment made my sisters successor trustees.They spend $400,000 of trust finds to defenmd themselves.Two depositions of the neurologista and five family members as witnesses.

I believe because my sistersknow my mother lacked capacity but hadhe signthe document that they committed fraud.

He trust is very clear.Afte incapacity only health and welfare of the grantor is allowed to come out of the trust.

My mother lived in my sisters home.medical was paiof doe by insurance.My mothers only expense was food and a care giver.

$8000 per month was an automatic distribution tomy sisters for 13 months some times

$10,000 plus legal fees propr to my mothersd death.

I can prove during the 113 months between my mothers incapacity and death a minuimum of $250,000 was withdrawn over and above my mothers care.

Plus 18 years $9.0M of no trust accounting.

I was a trustee of my fathers trust soI can not claim I did not know what the value was.I trued to stp the automatic withdrawal but could not 2of 3 trustees are the majoriy

My sisters persented the court andn accounting for 2006-2008 without documents.the judge denied their motion.

I never had access to my mothers trust or its balance.$1.8M was withdrawn from my fahers trust and put in my mothers living trust.Two problems each withdrawal needed three signatures evenn if one dissented.The second problem is my father had a standard marital trustrt A B.My mother was to redceive all of the income from A and principal as needed.My mothers living trust is not my mother.


Anyway financial explotation is the esiest part of my case to prove and if I can my sisters are disinherited.Abuse and neglect are easy.

Can you help me on the statute of limitations and when the clock started.The settlement was december 10th.Without financial statements attatched my lawyer settled.

Because I never knew how much money wasbeing withdrawn from my mothers trust will the court agree that the statute of limitations started in December of 2010?

Customer: replied 2 years ago.
sir,

I forgot,

My sisters were signers on my mothers checking account.While mymother was in california my sister forged my mothers signature on many checks.later her lawyer must have told her to write her name above the signature
Expert:  Richard - Bizlaw replied 2 years ago.

If your attorney is going to return relatively soon, you can wait for him. We worked off a date of June 2009, which is not to say the later date in Dec. 2010 is not the better date. But in either case there is at least a month to work with. So waiting a few days will not hurt anything.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.