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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 115464
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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MOM was put in a Guardinship by siter.She had prior WILL/DPOA

Customer Question

MOM was put in a Guardinship by siter.She had prior WILL/DPOA and INVESTMENTS. assigned 6.29.2005. SIS TOLD COURT THEY DID NOT EXIST I DISAGREE I BELIEVE MY MONEY IS PAYABLE NOW JUST AS THEY GOT THEIRS (ILLICITLY DURING INJUNCTION) FROM SAME PORTFOLIO,IN TIS CORRUPT COURT HOW DO I GET ORDER TO GET RELEASE OF MY PROPERTY PERSHING LLC FUNDS. I DO NOT BELIEVE THEY CAN LEGALLY FREEZE ME AND INJUNCT A FAKE SINCE NO PRECEDETN ACT BY ME EVER! THIS is a 7.5 year abusive guardianhsip againt ME for being DPOA!!!NOT REVOKED AN DNOT RECINDABLE < BUT I WAS NOT GIVEN AY AUTHORITY OR SIGNED Y DOCS OR CHANGED ANY DOCs< O R WAS PARTY TO NEW WILL 5.12.2009 . RELEASE BY INVEST CO OF MY PROTECTED ACCT NUMBERS< 1,149 pages to3rd parties I BELEIVEIS ILLEGAL! NOW ATTY TRYIN GTO GET THEM OFF THE HOOK FILED A DISMISSAL OF INJUNCTIONFOR INVET CO AN DPERSINGLLC! ALL REGISTRATIONS SHOW I AM 100% BENEF< AND WERE EXECUTED BY GUARDIAN S AND HER ATTY 0n 7.14.2009 to go laong wiht NEW WILL THEY ALLOWED MOM TO MAKE!
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. What is your specific question for this regarding this matter? If you have filed your suit against them and the court has ruled against you, then your only recourse is to file an appeal to the FL District Court of Appeals to ask them to overturn the lower court's denial of your motion for release of funds as only the appeals court can overturn what your court has done and they are different judges, so if your judge is not acting appropriately then the appeals court is the place for review.
Customer: replied 1 year ago.
I have not been DISMISSED yet! I FILED 2.1.2016; HEARING on 5.25.2016 to DISMISS COUNTER CLAIM AND KEEP ME FROZEN> WHILW HIS CLINETS GOT PAID FROM MY PORTFOLIO. I HAVE A SC WRIT TO REVERSE THIS GA IN 201. DISMISSED BY LOWER TRIBUNAL (illegal as hell. Gave me A CA # ***** I had 'NO LEGAL STANDING." AS DPOA AND ONLY NEXT OF KIN HERE!) > APPEALS ARE EXPENSIVE ! I FILE DONE after waitng 18 mos they waited til I was out of STATE 22 day and sent me DENIED DAY I LEFT FLORIDA extended trip. YOU SEE THE CORRUPTION ! I WAN T MY BROKERAGE FUNDS NOW JUST AS SIS AND BRO GOT PAID FROM (MY PORTFOLIO) by 1.20.2016 (EMBEZZLEMENT) !!! I'm exhausted and BROKE DUE TO THESE CRIMINALS> I KNOW ALL FL 744 law and RESEARCH ALL FL 733/732 INHERITANCE LAWS . THEY RESTRAINING ME EVEN SUING ME IS ILLEGAL WHEN ALL NATIONAL CEBERT WEALTH AN DNATL PLANNING REGISTRATIONS WERE EXECUTED BY GUARDIAN AND HER ATTORNEY< THE GUARDIANSHIP SIS anddBRO DID IN SECRET MADE ME 100% BENEFICIARY!!! AND SHOULD I GO TO FEDERAL COURT? THEY EVEN FILE DI N SUMTER CO FL, WRONG VENUE< CAUSE THAT WHERE THEY GOT THIER WAY for 7.5 years. MOM (deceased) AND I LIVE IN LAKE COUNTY! JUDGE told me should remain their cause case goes faster, ILLEGALLY FASTER? NO ONE SHOWED UP FO R'HEARING ON ALL MATTERS 2.1.2016; after I counterd 1.30.2016 and HEARING switched to " CHANGE VENUE OF PROBATE O LAKE COUNTY?? HOW DO I GET MY "ENTITLED FUNDS NOW" FROM PERHSING LLC??
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.They are not going to give you an injunction or order release of the funds until you prove your case in court and get your judgment in your favor. They can give you an injunction to prevent the people from spending or getting rid of any of the assets. Under FL rules of probate you have to have an attorney, that is the state law. So you need to get your attorney to prove the judge actually is biased with evidence more than just ruling against you, you have to show actual bias itself against you or he is acting contrary to the law. You do not get your "entitled funds" until you get the court judgment in your favor on the case you filed.
Customer: replied 1 year ago.
in 7.5 years only 2 lawyers took this case and they EXTORTED ME! 55 calls since MOM died.NO ONE WILL TAKE THIS CASE. This MICHAEL J ROGERS even committed a 3rd degree felony against me and was never prosecuted!! ST ATTY A***** ***** AN D HE ARE VERY CLOSE FRIENDS!! HE was PAST PRES PF LAKE COUNTY BAR ASSOC, SO YOU SEE WHAT I:MUP AGAINST!! HE HIRED JASON RADSON 2014 SELL MOMS HOME WILLED TO ME TWICE!! MY ATTY LET THIS HAPPEN WHEN NO NEED EXISTED! COST ME 10,000.00and SIS and BRO NEVER PAID HIM, THEY DEL 15K AGAINST ME AT ONSET!! SIS and BRO HAVE NEVER PAID LEGAL FEES 7.5 YEARS,WARDS FUNDS BILLED FRO THEIR CASES/MATTERS also illegal as hell.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I do not understand that no attorney will take the case if all of the things you said above. However, in order to get your money from the estate you would need to get the judgment from the court. If you cannot find an attorney in that county because of their connections, then you need to look for one in one of the larger cities near you. However, you have to get the court to rule in your favor to get the money.
Customer: replied 1 year ago.
I have called as far so as MIAMI, I have a PROBATE atty and he keeps claiimng this IS NOT PART PROBATE.CASE! REFUSES TO EVEN LOOK AT FINANCIALS> I paid him 3,000..00 on 1.14.2016 FOR? HE filed papers incorRECTLYy 3 times (on purpose) NO NE COULDSMAKE THAT MANY MISTAKES AFTER I PADI HIM HE SD HE WAS NOT GOING TO HANDLE THE CA CASE ONLY CP CASE WHICH HE DELAYED SO LONG???.HE SD HE WOULD GRAB MY FINDS UPFRONT FOR EXPENSE HE DID NOT?? HE WANTS ANOTHE R 3,500.00 W/O any expalnation or assurance what he intends to do? THE SECOND ANY ATTORNEY I HIRE TALKS TO OTHERS 2 MY CASE GOES OUT THE WINDOW< WORKING AGAINST ME? ITS OBVIOUS!! A TEMP IMJUNCTIO form 12.14.15 ORDNNOT STILL BE VALID? ALL PRETENDING IT IS???SIS AND BRO GOT FUNDS FROM SAME PORTFOLIO 2 LIFE INS POLICES SECRETLY WHILE (WE) ALL INJUNCTED ?? SO WHY CAN't I? IT:S INSANE WHAT I:M EXPERIENCING!
Customer: replied 1 year ago.
FUNDS I SPENT SINCE 7/2014 CASH exceed 18,000.00! COSTS AND WORK EXCEED 50,000.00 on my own adn to faciliate info with atty'S /Court!CAN I SEND PERSHING MY COPY OF REGISTRATION FROM NATL PLANNING CORP TO GET PAID? WORKED FOR ISIS AND BRO?CAN I SUE NATLIONAL PLANNING FOR COMPLICITY AN DCONCEALMENT THAT I WAS 100% BENEFICIARY? IS A PROBATE ATTY NEEDED FOR THAT? I TOLD MY CURRENT ATTY ONLY LITIGIATION I'M PAYINGFO RIS TO SUE THEM< THEY WILL HAVE SUE 2 ATTYS WHO WRONGFULLY GAVE MY INOF AND SUED ME? IS THAT A VIABLE WAY TO GO? I FIIED MOTION TO STRIKE ALL RADSON"S PLEADING AS FALSE, FRIVILOUS AND NON JURISDICTIONAL NO SERVICE OR MAILED NOTICE OF HIS SECRET INJUNCTION!! COURT STILL GOING ALONG? AND MOTION TO DISQUALIFY HIM! ubder FL 4-14. I CANNOT PAY ANOTHER ATTORNEY WHO WILL NOT WORK LEGITMATELY ON THIS CASE!!
Customer: replied 1 year ago.
HOW DO I GET HEARD IN COURT? THEY KEEP IGNORING MY PETITONS, OPPOSERS KEEP TRYING TO DISMISS !
SHOULD I CHANGE VENUE? I CAN PROVE ALL and ALL EVIDENCES PROVE I':M 100% CORRECT.SENT OT COURT ALREADY FURTHER, PROVES THIEI UNDUE INFLUENCE and THEFT at this point! ALL ignored in this COURT!!! I asked for HEARING dates on 4.7.2016 for DISCOVERY and TRIAL and THEY GOT A HEARING 5/6/2016 TO DISMISS MY COUNTER CLAIM , DISMISS INJUNCT OF INVESTMENT CO'S WHILE A FINRA INVESTIGATION IS IN PROGRESS AND KEEP ME INJUNCTED??? SOUNDS LIKE THEY TRYIN G TO STEAL AGAIN FROM PERSHING WHILE I:M INJUNCTED
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It is very frustrating for you because you have a complicated issue from what you are describing.
In order for you to change venue or recuse the judge, you have to prove some actual bias and that he is violating the law in his rulings against you to show that bias. If you can show that with your evidence, then yes you can move the court to change venue or recuse the judge.
However, you have to win this case first before you can sue anyone else for negligence in handling your case. So you need to get a new attorney, preferably one from one of the nearby large cities and get them to get involved in the case to free up your money and then you can look to see about suing others once you get judgment in your favor on the first case.

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