In five years of writing about inheritance rights and other probate issues, the landscape has somewhat changed. Here in Texas and elsewhere, abusive probate stories involving misuses of wills, trusts, guardianships and powers of attorney are getting more attention, but still they rarely focus on the full, systemic and organized nature of Involuntary Redistribution of Assets (IRA) actions.
IRA actions are often perpetrated by a combination of disgruntled family members, wannabe heirs and members of the legal industry (lawyers, judges and other court-related personnel). Financial professionals from CPAs to banks sometimes play a role. In guardianships, questionable involvement on the part of Adult Protective Services (APS) employees, professional guardians and other social workers occurs. Medical personnel responsible for evaluations (physical and psychological) have been known to abet IRA actions as also have proprietors of facilities that house elderly, incapacitated or disabled individuals.
Confronting abuse or misconduct within any one segment of the legal or financial industries, the medical community or big government social services networks is a daunting task. Imagine taking on an issue – probate system abuse – that easily involves them all. And adding to the challenge, this behemoth yet often undetected alliance of entities provides cover and helps many IRA perpetrators shift or deflect their own misdeeds.
Superficial media reports aid in such diversions. They work against IRA targets by providing an artificial sense of a problem being addressed when in fact, many cases are not resolved to any real degree of justice. Fort Worth Weekly’s Jeff Prince recently addressed this point in FW Star-Telegram Is The Spin Doctor.
Prince has written numerous articles about troubling cases within the Tarrant County probate system. He characterizes his coverage as reporting on “a court system that appears in some cases to be more interested in financially benefiting itself and its support system of attorneys, counselors, and care providers rather than the local residents who find themselves sucked into the system.” With much style and a deserved degree of levity, Prince analyzed the publication timeline of his own stories and outlined a pattern of seemingly responsive, strategically timed Fort Worth Star-Telegram stories friendly to probate court officials, operations and associated companies.
We’re not aware of any recent probate stories by Prince, but this past week’s Star-Telegram article describing a Mansfield couple’s exploitation of Wilma Agnew, an elderly Arlington woman, was a good news/bad news proposition.
The good news: a criminal prosecution of estate theft is underway. A Tarrant County grand jury recently indicted Brandy Ann Bounds, 34, on a charge of theft of $100,000 to $200,000 of an elderly person. If convicted of this first-degree felony, she could face five to 99 years or life in prison.
The bad news: the sense of confidence an unsuspecting public might take away from this article with regard to probate disputes is contrary to the experience of many litigants. Additional bad news. Criminal prosecutions of such cases are rare.
And adding insult to injury, “justice” on some legal level may be claimed, but any honoring of Agnew’s final wishes is likely moot as estate assets are now far more apt to end up being applied to legal bills rather than providing any intended benefit for her designated heirs. What some might call justice, others call a racket.
When all, however, is said and done, the probate abuse issue is gaining attention and growing credibility. Traditional media sources who approach the full measure of this issue with objectivity and courage are greatly appreciated. Blogs like Estate of Denial® will continue our efforts. Educating the public regarding the threats to their own liberty and property is key.
Past that, reform that not only addresses probate laws, but challenges the corrupt probate culture is needed. What a task that will be! Estate of Denial® certainly doesn’t have all the answers, but we have some thoughts and will share them in our next column. Stay tuned as we continue “shining light on the dark side of estate management.”
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, a Policy Advisor with Americans for Prosperity Foundation – Texas and a Director of Women on the Wall. Lou Ann may be contacted at info@EstateofDenial.com.
Estate of Denial® provides news, analysis and commentary on abusive practices occurring in probate courts and via probate instruments (wills, trusts, guardianships, powers of attorney). We provide original perspective to educate the public regarding this growing threat to both individual freedoms and property rights.
Media coverage highlights probate abuse challenges
In five years of writing about inheritance rights and other probate issues, the landscape has somewhat changed. Here in Texas and elsewhere, abusive probate stories involving misuses of wills, trusts, guardianships and powers of attorney are getting more attention, but still they rarely focus on the full, systemic and organized nature of Involuntary Redistribution of Assets (IRA) actions.
IRA actions are often perpetrated by a combination of disgruntled family members, wannabe heirs and members of the legal industry (lawyers, judges and other court-related personnel). Financial professionals from CPAs to banks sometimes play a role. In guardianships, questionable involvement on the part of Adult Protective Services (APS) employees, professional guardians and other social workers occurs. Medical personnel responsible for evaluations (physical and psychological) have been known to abet IRA actions as also have proprietors of facilities that house elderly, incapacitated or disabled individuals.
Confronting abuse or misconduct within any one segment of the legal or financial industries, the medical community or big government social services networks is a daunting task. Imagine taking on an issue – probate system abuse – that easily involves them all. And adding to the challenge, this behemoth yet often undetected alliance of entities provides cover and helps many IRA perpetrators shift or deflect their own misdeeds.
Superficial media reports aid in such diversions. They work against IRA targets by providing an artificial sense of a problem being addressed when in fact, many cases are not resolved to any real degree of justice. Fort Worth Weekly’s Jeff Prince recently addressed this point in FW Star-Telegram Is The Spin Doctor.
Prince has written numerous articles about troubling cases within the Tarrant County probate system. He characterizes his coverage as reporting on “a court system that appears in some cases to be more interested in financially benefiting itself and its support system of attorneys, counselors, and care providers rather than the local residents who find themselves sucked into the system.” With much style and a deserved degree of levity, Prince analyzed the publication timeline of his own stories and outlined a pattern of seemingly responsive, strategically timed Fort Worth Star-Telegram stories friendly to probate court officials, operations and associated companies.
We’re not aware of any recent probate stories by Prince, but this past week’s Star-Telegram article describing a Mansfield couple’s exploitation of Wilma Agnew, an elderly Arlington woman, was a good news/bad news proposition.
The good news: a criminal prosecution of estate theft is underway. A Tarrant County grand jury recently indicted Brandy Ann Bounds, 34, on a charge of theft of $100,000 to $200,000 of an elderly person. If convicted of this first-degree felony, she could face five to 99 years or life in prison.
The bad news: the sense of confidence an unsuspecting public might take away from this article with regard to probate disputes is contrary to the experience of many litigants. Additional bad news. Criminal prosecutions of such cases are rare.
And adding insult to injury, “justice” on some legal level may be claimed, but any honoring of Agnew’s final wishes is likely moot as estate assets are now far more apt to end up being applied to legal bills rather than providing any intended benefit for her designated heirs. What some might call justice, others call a racket.
When all, however, is said and done, the probate abuse issue is gaining attention and growing credibility. Traditional media sources who approach the full measure of this issue with objectivity and courage are greatly appreciated. Blogs like Estate of Denial® will continue our efforts. Educating the public regarding the threats to their own liberty and property is key.
Past that, reform that not only addresses probate laws, but challenges the corrupt probate culture is needed. What a task that will be! Estate of Denial® certainly doesn’t have all the answers, but we have some thoughts and will share them in our next column. Stay tuned as we continue “shining light on the dark side of estate management.”
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, a Policy Advisor with Americans for Prosperity Foundation – Texas and a Director of Women on the Wall. Lou Ann may be contacted at info@EstateofDenial.com.