Seidlin neighbor and others show probate as part of FL corruption issue
Lou Ann Anderson
October 22, 2009
www.EstateofDenial.com

While Florida Gov. Charlie Crist may have just asked his state’s Supreme Court to empanel a grand jury to investigate public corruption throughout the state, two cases involving Florida residents whose liberty and property is under attack through probate actions demonstrate why people in the “Sunshine State” as well as across this country are increasingly losing faith in government systems and those drawn to public service.

A Florida woman recently sent a letter to Gov. Crist asking for a revision in how courts handle guardianship cases.  “No one is monitoring the judge, the guardian and their attorneys.  It has become a scandal of momentous proportions,” she said and then provided a synopsis of events surrounding her long-term companion being declared incapacitated and placed under a guardianship due to actions initiated by out-of-state relatives who had been estranged from the now-ward for years.

She concluded her letter with:

There is no system in place to “guard” the guardian, her attorney or the courts.  These positions all support one another by financial gain.  The guardian and her attorney only have to give an annual report.  This is not questioned by the attorneys or the courts because they are receiving compensation too.  This system needs to be changed!  There should be an outside agency who checks on these positions to make sure they are honest and above board.  Someone should make sure that what they are doing is in the best interest of the ward.  Then someone should make sure that they are not overcharging for services rendered.  Please work to change abusive guardianship.

Truth is, the governor and his staff know these situations occur as do elected officials in every other state.  They also likely know many of the perpetrators as belong to the same professional associations, civic organizations and move in similar political circles.  And instead of candidly acknowledging the issue of abusive guardianships or the systemic problems surrounding probate issues, Dustin Fusillo of the Office of Citizen Services replied as follows:

Thank you for contacting Governor Charlie Crist.  The Governor is sorry to learn you are dissatisfied with the decision of a Florida judge and asked me to respond on his behalf.

Dissatisfied?  While a bit tepid, that perhaps could describe the suspension of a law-abiding citizen’s individual liberty and government-sanctioned confiscation of his property.  Fusillo then provided contact information for reporting judicial misconduct to the Judicial Qualifications Commission (JQC) and filing attorney complaints with the Florida Bar.   Some observers view Crist’s public corruption crusade as a tactic to create a “law and order” image in support of his current U.S. Senate campaign.  With that, one might think that the office of a real reformer would offer more than a form letter directing an aggrieved citizen to entities viewed by many as compromised and engaged in questionable conduct - conduct that is the impetus for the newly-announced state corruption investigations.

Meanwhile, the Daily Business Review has published new information regarding Barbara Kasler, the 83-year-old woman who has filed a civil suit against her neighbor, former Broward County Judge Larry Seidlin, claiming he “exploited her for personal gain, and that he, his wife and in-laws feigned friendship to steal her money and jewelry and change her will for their benefit.”  Dorothy Colletto, a girlfriend of Kasler’s deceased son, is also named in the suit.  The lawsuit seeks recovery of real estate, jewelry and other possessions.  Court documents indicate that $3.6 million from the Seidlins, $540,000 from Seidlin’s in-laws and $3.3 million from Colletto are also sought.

In addition to targeting of her estate, Barbara Kasler appears to now be a target for abuse claims:

In an unusual legal twist, Barbara Kasler now is trying to prevent Seidlin from complaining she was abused or exploited by others to law enforcement or the state Department of Children and Families, which already has cleared him of an elder exploitation allegation.

Broward Circuit Judge Thomas Lynch convened an emergency hearing last week on Kasler’s motion to enjoin Seidlin, his wife, his in-laws and their attorneys from lodging abuse complaints involving her after DCF and Fort Lauderdale police twice responded to tips that she was receiving inadequate medical and nutritional care.

In court documents, Kasler’s attorney, Bill Scherer, claims the only harm his client is facing is from frivolous abuse reports and the subsequent investigations.

“Further intrusion and questioning of Ms. Kasler by DCF and law enforcement would be traumatic to her health and physical well-being” and could “lead to a panic and stress-induced death,” Scherer of Conrad & Scherer in Fort Lauderdale wrote in an Oct. 11 motion, citing concerns raised by the woman’s psychiatrist.

Kasler suffers from chronic obstructive pulmonary disease and end-stage Parkinson’s disease, which can be accompanied by dementia. Her ex-husband and children are dead. Two distant relatives are now her caretakers.

Shortly after the June filing of her lawsuit, the Kasler team replaced Fort Lauderdale attorney Robert P. Bissonnette P.A. with Bill Scherer.  In July, Bissonnette then filed an emergency guardianship petition claiming, per the Daily Business Review, “he was wrongfully discharged and Kasler was being unduly influenced by her caretakers.”  The paper reports however that in a July 28 report, General Magistrate Rita Berry found no imminent danger to Kasler.

Recent incidents involve anonymous tips and letters to local probate judges:

Scherer said he believes the Seidlins are responsible for bringing police to Kasler’s door twice in October — first through an anonymous tip to DCF and then with a “scurrilous and improper rogue letter” sent to two probate judges who have a duty to report elderly abuse.

The letters alleging abuse and exploitation of Kasler by her caretakers were sent by Seidlin’s attorney, Russell S. Adler, a name partner at Rothstein Rosenfeldt Adler in Fort Lauderdale.

The letters additionally provide information that appear to attempt discrediting or questioning the motivations of those currently overseeing Kasler’s care, estate as well as the lawsuit against Seidlin and company.

This case also has a public corruption angle as described by the Daily Business Review:

Seidlin became a household name when he presided — at times in tears — over the fight for the body of late Playboy Playmate Anna Nicole Smith. For six days, he captivated TV viewers across the country as he made garish remarks about Smith’s decomposing body, offered tales of his time as a New York cabbie and eventually awarded the body to Smith’s infant daughter.

His celebrity status soared with a lampoon on “Saturday Night Live,” but his local reputation soured.

News reports came out that he played hooky from work, taking three-hour lunch breaks and cutting out early to play tennis. Allegations surfaced that he exploited Kasler and accepted bribes from attorneys in exchange for lucrative appointments. He resigned in July 2007 after almost 28 years as a judge.

Investigations ended with no charges.

In January, the Miami-Dade County state attorney’s office cleared him of wrongdoing. In May, DCF said it found no indication that Seidlin exploited Kasler.

Scherer didn’t let the cleared investigations deter him, comparing Seidlin to O.J. Simpson, who was acquitted of murder charges but found liable in civil court to his slain ex-wife’s family.

“We allege [Kasler] was exploited and she was exploited horribly, and we intend to prove it,” Scherer said.

Bob Norman of the Broward-Palm Beach New Times has written about Seidlin’s conduct as a judge and the subsequent investigation.

Considering Kasler’s current state, weeks are precious time and the agitation of these questionable claims is unhelpful.  A new guardian being brought in to oversee Kasler’s care would have great power - including the ability to control her multi-million dollar estate and the lawsuit against Seidlin.  With that, stakes are high as all involved await action by Judge Lynch who will reportedly finish the “claim abuse” hearing in the upcoming weeks.

These cases help explain why Floridians believe their government lacks integrity.  This weaponization of the legal system is additional cause for concern.  If truly intent on reform, Crist’s public corruption grand jury will have a real opportunity.  If this instead is a effort for show rather than substance, the erosion of individual and property rights will continue.

It happens every day, but it’s nonetheless disheartening when taxpayers attempt delivering a good faith message of needed reform and are met with alleged reformers providing a canned response that treats shifting a problem to a source of the problem as an effective response.  And the plight of Barbara Kasler paints an even more ominous picture of what happens when the public is short-changed by alleged governmental safeguards, is left with only a civil remedy and dares to pursue it.

Probate corruption and estate abuse are growing problems.  It doesn’t just happen in Florida.  It’s happening everywhere and you could be next.

Lou Ann Anderson is an advocate working to create awareness regarding the Texas probate system and its surrounding culture.  She is the Online Producer at www.EstateofDenial.com and a Policy Advisor with Americans for Prosperity – Texas Foundation.  Lou Ann may be contacted at info@EstateofDenial.com.