As you know I am in the federal court in Chicago.I find out today my attorneys agreed to the earliest settlement date1/3.Last thuesday knowing discoery ended 11/15 he asked the Judge to extend discovery if the settlement does not work through.What he should have said extend it from 11/15 until tthe settlement conference.Both things give me a problem with the Mars Neurologists deposition.Canb he or If I fire him go back to court and tell the Judge about thse documents we hacve been waiting for for two years have just been ent and will make a material difference in the entire case and w need to depose the doctors.What would be the right way to approach this.
In the federal court with an out of state deposition can you use a local attorney?
I sent a payment from the old post through the bonus window.I hope you get it
I have no idea what came through please let me know.
I am very sorry.I put through 3-4 payments at different posts some through the bonues.TJA took away the feature that shows who you pay and when so I will take a guess.
I just hung up with my brother in law my sisters ex husband.He is very sharp.His brother owns 1/2 of Mars.He does not think I need to depose anyone right now.Take the mars reports I have had for some time and the new internal documents.Take the 2003 last operative trust before my mothers incapacity and the 2003 will and the 2006 trust and show the Judge what happened.He said my first offer was walk away.The turned it down.Now he says take my mothers assets at her death pay the taxes and professional fees and split the balance three way.He thinks the Judge will agree.They were not successor trustee my aunt was mthere fore acting in that capacity taking money for their own use it should be returned.
I have a company on the line now to see what the problem is hopefully a pament will go through
I have a computer expert on line with me and I will try a payment once again
I contacted JA last night twice regarding payments.Under my profile there was a line for payments.You can go there and find date,time and person.That line is gone as of last evening it does not make sense.Please let me know as of yesterday payments versus questions answered.
This new found tort maybe changes the settlement.Walking away as is was my first proposal,this also went to the Judge but he probable did not remember the detail.Muy arttorney is not an attorney he is a little kid waving a red flag.He cant wait to send letters to the opposition with settlement discussions I have had.Now he want to tell the court I am not bring my children to court.In fact they are adults and refused.I wrote a follow up letter to make sure she understands.
The stradegy is quite important so that I do not upset the court.My sisters attorneys are going to drag everything out to show I offered to settle for a great deal less.
The $425,000 if it comes back who does it go to.I have been told if you bring money back to the trust your legal fees might be paid.
We talked about $515,000 and 1/3 of the legal fees
That needs to be weighed against a trial of enough pressure to force a better settlement.I have the injunction freezing the trust and the payout.What if the fraud get added to it and all are filed.I dont thingk the Judge has the authority to hold off the distribution.With the witnesses,evidence,timing and Doctors if he does not rule my mother was incompetent the appellarte court will.
So basically we are asking for a ruling on the incapacity and either the payout or freeze.
I still dont know how to approach the meeting.
You are all over the place. On your children, if they are parties to the suit they have to appear or they will be held in contempt. If they are not parties to the suit, then the court cannot compel them to appear by telling you they have to.
You are going into a settlement discussion so you are not asking the court for anything at this time. You are stating your case and what you will pursue if there is no settlement. Your original walk away proposal was rejected. More investigation has led you to conclude that the only basis for settlement is that the amount in the trust at your mother's death after payment of professionals and taxes is to be distributed and all other costs thereafter incurred each parties deals with on their own. This approach basically has you contributing a third of the legal fees they incurred which they improperly took from the trust. So your current settlement proposal constitutes a significant compromise on your part. If there is no settlement you will proceed with the Mars deposition and an application to the appropriate court for immediate distribution of the trust assets in accordance with the terms of the trust.
That is your position in the meeting. The facts that you have to support your case are presented just to show the strength of your position not to ask the court for anything.
I do not know where my answer went.I sent the Judge a letter and sbasically explained the situation with my children and sisters.Yesterday I sent an email to her clerk looking for something.My children feel so strongly about this that they will resign as trustees and withdraw as plaintiffs.
On the settlement.Do I give a dog and pony show and why the incapacity claim will win and if we dont settle that and the accounting will go forward and if fraud maybe more stringent punishment.
Get a statement 11/2/2007,verify tax and professional fees and then split three ways.Or do I taake today $500,000 plus 1/3rd of legal fees.
The Judge may come out with American rule everyone pays their own fees.I guess at that point I could give her an itemization of $250M and say this is the American rule.
Sorry about my attention.When I found that our claim was a tort and the six months was not an issue my mind went through the last three years and did I want to change my stradegy.
Your sisters have not paid their own legal fees, the trust paid them. This means you have contributed to one third of the legal fees as a practical matter.
You do not have to put on any theatrics to explain the strength of your claim. Just explain the facts, cite the documents that prove your version of the facts and cite the law that says what happens when these facts are proven. If your mother is incapacitated at the time of the trust amendment, the amendment is without effect. The proof of her lack of capacity are the physician opinions and the views of family members including your sister. If the amendment is invalid the sisters were never successor trustees and they acted without authority. Any expenditure made by them that cannot clearly be demonstrated as proper must be returned to the trust as without authority.
It is up to you as to which settlement proposal you want to put on the table. That is a call only you can make.
Already Tried: the last part would not fit.I think I need to use another thread for the second 1/2 and my question on Peter Flaxman
I took the letter you sent on this post and had comments. The end was too long so I made some suggestions on how to focus the text. Here are my comments.
have my additions in italics. Things deleted I used strikeout Where I had comments I underlined the text. Where there was information you needed to add or explain I put them in [brackets]
THIS PROPOSAL WILL START IN 1981 AND BRIEFLY END UP IN 1989.FROM THERE 1998, 1997, 2000, 2003, 2006, 2007 AND 2008 AND 2009. 1985 WESTERN SHADE CO. IS A BUSINESS MY GRANDFATHER FOUNDED. IT PRODUCED WINDOW SHADES AND WITHIN FIVE YEARS WAS THE LARGEST PRODUCER IN THE WORLD. THIS BUSINESS ENABLES HIM AND HIS FOUR SONS TO SPRING BOARD INTO OTHER BUSINESS VENTURES. DURING THE HEART OF THE DEPRESSION HE FORMED MARQUETTE CHARITABLE ORGANIZATION AND DEPOSITED 50% OF HIS NET WORTH TO FUND IT. IN THE LATE 70'S MY FATHER BECAME ILL AND MOST OF HIS BUSINESS HOLDINGS HE LOST. HE OWNED 12% WHAT WAS THEN RENAMED AS JOANNA WESTERN MILLS. MY FATHER DIED IN 1980 AND THE COMPANY WAS IN TERRIBLE FINANCIAL SHAPE AND NONE OF THE FAMILY MEMBERS EXCEPT THE TWO THAT HAD BEEN THERE FOR 24 YEARS HAD ANY INTEREST IN THE COMPANY. BAD WENT TO WORSE AND THE TENSION BETWEEN ME AND MY COUSIN WAS UNBEARABLE AND HE FIRED ME. I HAD A LAWSUIT DRAFTED AND BEFORE I COULD FILE IT MY COUSIN CALLED A BOARD MEETING. THE PURPOSE OF THE MEETING WAS TO SELL OR LIQUIDATE THE COMPANY. MY UNCLE SIDED WITH ME AND WE ASKED HIM TO LEAVE THE COMPANY. HIS CONDITION WAS THAT I PURCHASE HIS 635 SHARES FOR $500,000 PER SHARE. I DID.
WITHIN FIVE YEARS OF TAKING CONTROL, THE COMPANY'S FORTUNES PROSPERED. AT THAT TIME A MAJORITY OF THE SHAREHOLDERS DECIDED TO SELL AND SINCE MY IMMEDIATE FAMILY CONTROLLED ONLY 20% OF THE STOCK WE COULD NOT STOP THE SALE. THROUGH MY EFFORTS THE ORIGINAL SALE PRICE OF $4,500 WAS INCREASED TO $7,500 AND THAT WAS THE PRICE AT WHICH THE COMPANY WAS SOLD. IN ADDITION, TO OUR SHARE OF THE PURCHASE PRICE, I SUIT I FILED RESULTED IN AN ADDITIONAL $1 MILLION TO OUR FAMILY. AS A RESULT, MY FAMILY RECEIVED $12 MILLION . 250 EMPLOYEES RELEASED THREE GOOD PEOPLE, THREE NEW COMPANIES AND WE WERE OFF TO THE RACES WITH TERRIFIC EMPLOYEE MORALE. FIVE YEARS MY FAMILY'S 20% COULD NOT STOP THE MAJORITY. I SPENT NINE MONTHS AND RAISED THE PRICE FROM $4500-$7500 PER SHARE. $11,000M TO OUR FAMILY AND FROM A LAWSUIT THAT WE WOULD WIN AN ADDITIONAL $1,000,000 AND THEN A $3,0M LIFE INSURANCE POLICY. MY SISTERS GO FROM RAGS TO RICHES BUT ARE STILL UNHAPPY IN THEIR LIVES. NOW THEY HAVE A NEW TOOL THAT WILL DESTRUCT EVERYTHING IN ITS PATH INCLUDING THEIR CHILDREN THEY WERE LIKE DRUNKEN SAILORS AND COULD NOT GET ENOUGH EVEN AT THE EXPENSE OF THEIR MOTHERS LIFE FRESH FROM HEART SURGERY.
NOW WE ARE AT 1989 WHEN I ALLOWED MY SISTERS TO BECOME TRUSTEES WHOM I FELT WOULD BE NO LONGER THAN ONE YEAR. AS TIME PASSED I SAW MY MOTHER BEING CONTROLLED BY MY SISTERS THROUGH SHEER FEAR AND GUILT. MY SISTER'S ARROGANCE WAS UNLIKE ANYONE'S IN OUR FAMILY. THE ACTED AS IF THEY EARNED THIS MONEY AND COULD USE IT TO BUY THEIR WAY IN OR OUT OF ANYTHING THEY NEEDED. EVERY SENTENCE IN THE TRUST AGREEMENT WAS IGNORED. MY SISTERS THOUGH IT WAS MEANT FOR EVERY OTHER TRUSTEE EXCEPT THEMSELVES. THE LAWSUIT I FILED SEVERAL YEARS EARLIER THERE WAS NO QUESTION THE PROCEEDS FROM MY 635 SHARES WOULD BE MINE. MY SISTERS TOLD MY MOTHER AFTER THE SUIT SETTLED THAT WE COULD LOSE AND MY MOTHER COULD BE SUED. THEY SUCCESSFULLY DIVERTED $500,000 FROM THE TRUST THEY WERE TRUSTEE S OF INTO THEIR OWN POCKETS. SOMETIME LATER THINKING THEY COULD APPEASE ME THEY SENT SOME MONEY TO MY CHILDREN THINKING IT WOULD APPEASE ME. I HAD HAD ENOUGH AND COULD NOT WATCH MY MOTHER LIVE OUT HER LIFE BEING TREATED THE WAY SHE WAS. I RETAINED AN ATTORNEY TO SUE BUT FOUND OUT WHAT THE RIGHTS OF A CONTINGENT BENEFICIARY WAS. MY MOTHER WAS IN TEARS. SHE SAID SHE WOULD RATHER GIVE THEM EVERYTHING RATHER THAN TO BE IN COURT WITH HER CHILDREN. LIFE WENT ON.
2000 WE LOST $700,000 IN THE MARKET CRASH I GOT OUT BUT MY SISTERS REFUSED TO SELL THE TRUST'S STOCK .FIVE YEARS LATER I FIND OUT THEY SOLD THEIR PERSONAL STOCK AT THE SAME TIME I DID BUT FAILED TO SELL THE TRUST' STOCK. A TRUSTEE MUST TREAT THE TRUSTS FUNDS THE SAME AS THEIR OWN.
2000 WILLIAM BLAIR AND MY SISTERS BEHIND MY BACK DECIDED AFTER 30 YEARS MY SISTERS COULD SIGN OFF ON MY FATHER'S TRUST WITHOUT ME. THE THREE OF US WERE TRUSTEES BUT BEFORE ANY ACTION WAS TAKEN ALL THREE HAD TO AGREE, AND IF THERE WAS NO AGREEMENT ALL THREE HAD TO SIGN, INCLUDING THE DISSENTING TRUSTEES WHOSE DISSENT HAD TO BE REFLECTED IN THE AUTHORIZING RESOLUTION. BOTH HAVE BIG PROBLEMS. YOU CANNOT REWRITE SOMEONE'S WILL.
2003 AM IN CHINA AND MY MOTHER AND I HAD RESOLVED HOW THE BALANCE DUE ME FROM THE SALE OF MY 635 SHARES WOULD BE PAID TO ME. HER DEBT TO ME BEFORE OUR AGREEMENT CAN BE EXECUTED IN WRITING, ALTHOUGH IT HAD NOT YET BEEN REDUCED TO WRITING. MY SISTERS FIND OUT AND PREVENT MY MOTHER FROM SIGNING THE AGREEMENT AND THEY REWRITE THE 2003 TRUST EVERY CHANGE IS TO THEIR SOLE BENEFIT. BY FRAUD WITH THEIR ATTORNEY THEY HAVE MY MOTHER SIGN DOCUMENTS WORTH $7.0M TO RELEASE RELEASING THEM FROM THEIR OBLIGATION TO PROVIDE 13 YEARS OF NO ACCOUNTING. THEY SELL OUR HOUSE AND TAKE OUT OF THE TRUST $150,000 FOR LEGAL EXPENSES.
2006 MY MOTHER IS TAKEN ON A 6000 AIRLINE TRIP WITH EDEMA AND HAS A STROKE AND DEMENTIA.11/10 A $3.4 TRUST OF MY MOTHER S OF WHICH HER BROTHER WAS AND HER BROTHER AS SOLE TRUSTEE FOR 25 YEARS IS DECEIVED INTO RESIGNING BY MY SISTERS DECEIVE HIM INTO RESIGNING MY SISTERS FORGE A MY MOTHER'S SIGNATURE TO CREATE A NEW TRUSTEE AND HAVE THEIR ATTORNEY NOTARIZE WHAT HE KNEW WAS A FORGED SIGNATURE OF MY MOTHER. EIGHT DAYS LATER THE SAME ATTORNEY, WHILE ONE BENEFICIARY IS ALONE WITH A MY SEVERELY INCAPACITATED MOTHER (GRANTOR) HE DRAFTS A NEW TRUST REMOVING MY MOTHER'S SISTER AS SUCCESSOR TRUSTEE AND REPLACING HER WITH MY SISTERS. NOW THEY HAVE ACCOMPLISHED THEIR GOAL TO CONTROL ALL THREE OF OUR TRUSTS. ONE BY FORGERY AND FRAUD AND TWO BUY FRAUD, LATER $420,000 IS WITHDRAWN USING FORGERY [YOU HAVE TO SAY WHOSE SIGNATURE WAS FORGED] AGAIN.
MY MOTHER PASSES AWAY ON 11/2/2007 AND SINCE THAT TIME MY SISTERS HAVE WITHDRAWN $420,000 FOR PERSONAL LEGAL FEES FROM MY MOTHER'S TRUST DURING HER INCAPACITY UNTIL DEATH 14 MONTHS LATER. DURING THIS 14 MONTH PERIOD MY SISTERS WITHDREW ABOUT $500,000 MORE THAN THE TRUST ALLOWS THEM TO. ONCE MY MOTHER BECAME INCAPACITATED THE TRUSTEE CAN ONLY USE TRUST FUNDS FOR THEIR THE CARE OF THE INCAPACITATED GRANTOR. IT GOT SO BAD THAT MY SISTER'S CHILDREN'S HAD MY MOTHER'S CREDIT CARDS AND ENDED UP SPENDING $70,000.
THE PERSON MY SISTERS FRAUDULENTLY REMOVED AS THE SUCCESSOR TRUSTEE WHO HAS WOULD HAVE HAD THIS TRUST SETTLED 2-1/2 YEARS AGO. ONE LIVING TRUSTS ALL CASH NO DEBT HOW LONG CAN THAT POSSIBLY TAKE? I GAVE MY SISTERS 14 MONTHS TO ACCOUNT, COMMUNICATE PAY OUT THE TRUST BUT THEY DECIDED THEY WANTED TO POUR OUR FAMILIES MONEY DOWN THE DRAIN WITH ATTORNEYS WHO HAVE ADDED NOTHING TO THE EQUATION. I NOW WILL GIVE MY STATEMENTS A LITTLE SUPPORT. THERE ARE THREE MAJOR CLAIMS MY MOTHER'S INCAPACITY, ABUSE DEATH AND ACCOUNTING.
THE FOLLOWING SECTION HAS TO BE REWRITTEN AND MADE MUCH SHORTER. THE JUDGE WILL BE TURNED OFF BY THE FAMILY DISPUTES. HE WANTS TO HEAR THE FACTS.
START WITH SOMETHING SIMIPLE
THERE HAVE BEEN NO ACCOUNTINGS DONE SINCE THE TIME YOUR SISTERS TOOK OVER AS TRUSTEES. UPON DISTRIBUTION OF A TRUST, THE BENEFICIARIES ARE ENTITLED TO AN ACCOUNTING GOING BACK TO THE LAST CURRENT ACCOUNTING AND ARE ENTITLED TO COPIES OF PREVIOUSLY RENDERED ACCOUNTINGS. NO ACCOUNTINGS HAVE BEEN PROVIDED DESPITE MORE FUNDS BEING EXPENDED THAN WERE NECESSARY FOR MY MOTHER'S CARE. THERE IS EVIDENCE OF USE OF TRUST ASSETS FOR THE PERSONAL BENEFIT OF THE TRUSTEES AND NOT FOR THE BENEFIT OF MY MOTHER AS EVIDENCED BY FOR EXAMPLE, THE $70,000 IN CREDIT CARD PURCHASES BY THE TRUSTEES CHILDREN.
NEXT MOTHER'S INCAPACITY
GO INTO THE MARS EVALUATION, WHAT STATEMENTS YOUR SISTERS PROVIDED TO THE EVALUATION PROCESS TO SHOW THEY KNEW SHE WAS INCAPACITATED AT THE TIME OF THE MARS EVALUATION IN 2006
NEXT DISCUSS THE FUNDS THAT WERE DIVERTED FROM THE TRUST. HERE IS WHERE YOU TALK ABOUT THE ASSETS PROVIDING $250,000 A YEAR IN INCOME WHICH WAS MORE THAN SUFFICIENT FOR YOUR MOTHER'S NEEDS. YET THE ASSETS OVER A TEN YEAR PERIOD ARE REDUCED BY $4 MILLION WITHOUT EXPLANATION
THEN ON YOUR MOTHER'S ABUSE - FIRST DO YOU HAVE A WRONGFUL DEATH CLAIM IN THIS CASE? SECOND WHAT YOU HAVE WRITTEN ASSUMES THE READER KNOWS ALL THE FACTS AND PEOPLE - THE READER DOES NOT KNOW WHO THEY ARE OR WHAT THIS IS ABOUT. FOR EXAMPLE ON MEDICATION ALL YOU NEED TO SAY IS THAT THEY WERE ON A LONG TRIP THAT SHE GOT SICK ON. RATHER THAN TREATING HER BY BEING SURE SHE WOULD TAKE HER HEART MEDICATION, THEY CHOSE TO TREAT HER AS THOUGH SHE WAS TERMINALLY ILL. SHE COULD SWALLOW HER HEART MEDICATION. YET DESPITE THIS FACT SHE HER HEART MEDICATION WAS WITHDRAWN AND SHE WAS PLACED ON A REGIMINE OF HALDON, AN OPIATE. WITHOUT PROPER TREATMENT OF HER HEART CONDITION WITH PRESCRIBED MEDICATION SHE WAS TREATED WITH OPIATES WHICH ULTIMATELY LED TO HER DEATH.
FIRST I WILL START WITH MY MOTHER 6 OR 7 MONTH STAY IN CALIFORNIA. MARIN COUNTY 6/1/2007 11/2/2007 1 .5/3 DOCTOR WAXMAN, 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 KIEL 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 14.THREE ATTORNEYS NO RESULTS ALL DISCOURAGED FROM HELPING ME BUT ACCEPTED MY MONEY. 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 COMATOSE. AND WILL COME OUT OF IT. 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. CONSERVATOR HEARING 6/30/2007 FLAXMAN HER ABILITY TO SWALLOW. SHE WILL ASPHYXIATE ON MEDICATION. MR. FLAXMAN KNEW FOR AT LEAST ONE MONTH MY MOTHER WAS TAKING 5 OPIATES A DAY. NINE MEDICATIONS PER DAY IN THE HOSPITAL AND SHE PASSED THE SWALLOW TEST 2 THE ONLY MEDICATION SHE'S TAKING IS IMPORTANT OR 3 NECESSARY TO LIFE MAINTENANCE IS -- HER BLOOD PRESSURE IS ELEVATED AND SHE'S BEING MEDICATED WITH A PATCH TO REDUCE FIVE OTHER MEDICATIONS PER DAY SHE WAS TAKING BUT THEY WOULD NOT GIVE HER THE HEART MEDICATIONS 6 SAY HALDOL -- HAS BEEN DISCONTINUED ALONG WITH THE HEART 7 MEDICATIONS BECAUSE OF LACK OF ABILITY TO SWALLOW. SEE HOSPITAL REPORT, HOSPICE REPORT, CLIENT AND DRUG STORE AND MR. FLAXMAN HAS THE SICKNESS TO SIT IN FRONT OF A JUDGE 8 AND LIE TO KEEP ANOTHER HUMAN BEING FROM BEING ABLE TO LIVE. MR. FLAXMAN HALDOL HASN'T BEEN TAKING IT FOR HOW LONG? SHE ONLY TOOK IT FOR ONE WEEK BUT COULD NOT SWALLOW STARTED 5/22 NEVER STOPPED UNTIL 11/2/2007 HER DEATH 6/1-6/6 COMATOSE HALDOL ER MARIN GENERAL 9 MS. WALLERICH: HALDOL SHE ONLY TOOK IT FOR ABOUT A WEEK. SHE PICKS MOTHERS PRESCRIPTIONS UP AT THE PHARMACIA DRUG STORE EVERY WEEK HALDOL IS PART OF THE WEEKLY PICK UP. ON 6/6 ER CONFIRMED MY MOTHER'S COMA WAS CAUSED BY HALDOL 10 11 MR. FLAXMAN: SHE ONLY TOOK IT FOR A WEEK. ALREADY BEEN ANSWERED THAT IS 5/29 NOW IS 6/30 AND MY MOTHER IS STILL TAKING HALDOLXXXXX IT'S AN ANTI-PSYCHOTIC. 13 MS. WALLERICH: TO CALM HER DOWN. 14 MR. FLAXMAN: BUT SHE CAN'T SWALLOW THAT AND 15 SHE ONLY TOOK IT ONE WEEK AND SHE HASN'T BEEN USING IT. SAME AS ABOVEXXXXX IS SHE MEDICATED IN ANY WAY AT ALL? 17 MS. WALLERICH: JUST NORVAS. FIVE MORE GRETCHEN NEXT WILL BE PROOF POSITIVE THAT MY MOTHER WAS MENTALLY INCAPACITATED WHEN MY SISTERS FORCED HER TO SIGN THE FRAUDULENT 2006 TRUST 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, CARONIA 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 18YEARS 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 "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. 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 BOTXXXXX XXXXXNE. 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
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.
When you get into things like your sister's divorce you are engaging in pure speculation as to her motives. You can only offer opinion not proof and the court will ignore it. You have not filed a wrongful death action so if there is no wrongful death claim you can't spend a lot of time on that issue because it is not in the case.
Similarly you are not claiming in this action your unpaid $2 million so do not spend time on that. You have to address the issues that are in this case not your historical family disputes. If you focus on the issues in this case that the judge has to decide, then the letter will become more specific and focused. The material is in the drafts you have written it is just far broader than the case is.
$500,000 trust balance
$250,000 My 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
Leave in all incapacity data
Leave in all of 13 year relese Todd Schaeffer?
Some how William Blair $1.8M and the $13.0M from no accounting the Judge needs to allow some compennsation
Please give me your thoughs and outline and I will start on a re draft.
Dear Judge Cox,
Writing this letter to you and attending a settlement meeting three years after my mother’s death I think speak says a great deal..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 $13.0 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. 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 proceeds were to be mine my sisters diverted $500,000 of trust funds to themselves. They did third by convincing my mother that the lawsuit the money came from 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 my mother’s until the market hit rock bottom. Five years later I found out my sisters sold their personal stock when I did. A trustee cannot do this. They must treat trust funds in the same fashion as their own funds
My sisters never did and still don’t follow their legal obligations as trustees.18 years of no accounting $13.0M withdrawn.
her sister 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.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.
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 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 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.
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
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
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 cognitive functioning declining
Lynn reports decline in information processing speed, concentration, organization, language
Lynn comprehension and increased word finding problems
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
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 a cottage 100 steps up from the street. This is not the place 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 and the poison of opiates.
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
$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
This was only made possible in 1999 when the new attorney started. There is an obligation from the trustees to the beneficiaries and the trust attorney to the benicficiaries.After the death of my mother I found 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 ma 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 THE ENTIRE principal and interest goes to her unless she designated otherwise in Writing. I never saw WRITING.
attorney fees and my mother was still alive. 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.
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 show.
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.
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 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.
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.
That is much better. You just need to put what you want for the settlement. There were a few typos but you will pick them up if you reread what you have written out loud. This makes your settlement of 1/3 of the trust value at date of death less taxes and professional fees plus 1/3 of their attorneys fees very reasonable and shows a strong case if they do not agree.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).