This video from The Onion is priceless and undoubtedly our all-time favorite Estate of Denial™ posting! While the piece is obviously satire, government looting the assets of hardworking Americans seriously occurs on a daily basis.
Through the Death Tax debate, the Obama Administration has fully demonstrated enthusiasm for confiscating assets of the dead. Of course, interest in asset confiscation is to some degree also seen in statehouses across the country regardless of party control.
Nevertheless, injecting Obama into one of the Involuntary Redistribution of Assets (IRA) scenarios routinely discussed at Estate of Denial™ is apropos and brilliant. And whoever produced this absolutely “gets” the contrivance of relationships and use of probate documents to dishonestly divert assets from intended parties. Whether seriously or in jest, media incorporating inheritance rights abuse into more mainstream reportage is a good indication that our issue is gaining traction.
ELBERTON, Ga. – A dying woman’s decision to create a $1 million dollar trust to care for her dogs is the subject of a lengthy legal dispute, and sharp criticism for a north Georgia lawyer.
In November 2007, Kay Elaine Johnston of Elberton was dying of lung cancer. She created a will and trust, leaving the bulk of her considerable estate for the care of her fifty cats and six dogs.
The trust named Kyria Wilhite of Elberton to care for the animals, receiving $50,000 a year plus expenses and “reasonable compensation” for her services caring for Johnston’s pets. After Johnston’s December 2007 death, Wilhite also received Johnson’s home and seven acres of property, although the two had known each other only a couple of months.
According to a probate judge who reviewed the will and trust, attorney Robert Johnson, who at the time was in a relationship with Wilhite, used “deception and subterfuge” to influence the way Johnston divided her money.
“I don’t like that power-monster that can walk all over you and take advantage of you,” said Johnston’s cousin, Carol Phillips, who is disputing the will.
Probate Judge Susan Tate ruled that when Kay Johnston agreed to the will and trust, she was suffering from a “weakened and fluctuating mental condition” due to the cancer that had spread to her skull and possibly her brain.
After hearing testimony at a lengthy trial, Judge Tate ruled that Kay Johnston was “substantially and unduly influenced” by attorney Robert Johnson. The Judge found Johnson used “deception, subterfuge, and the power of subtle suggestions” in dealing with the dying woman.
In her ruling, Judge Tate wrote that Johnson “substantially influenced major provisions of the will and trust, all the while failing to disclose his intimate involvement with Ms. Wilhite, the primary beneficiary.”
Johnson declined an on-camera interview with 11Alive, but said he disagrees with the judge’s ruling. He issued a brief written statement.
“I was not a party to the trial, but only a witness,” Johnson wrote. “I expect the case to be heard in Elbert Superior Court, and would only want to make my statement at trial.”
The case is expected to proceed to a jury trial.
Johnson did say that Carol Phillips had filed a complaint against him with the Georgia Bar Association, but the complaint had been dismissed.
Jim Potts, who is representing Phillips, said Carol Phillips filed her complaint before the probate judge’s ruling, and would likely file again.
Civil asset forfeiture strikes at the heart of property rights. Authorities simply seize private property without all the messiness of convicting someone of a crime. It’s blatantly unconstitutional and it shouldn’t happen, but it does. What’s worse, many state governments offer little to no information to the public about what they’re doing with those ill-gotten gains.
A new report and video from the Institute for Justice illustrates the case of Georgia quite well. The video was produced by IJ’s multitalented Isaac Reese.
This Nov. 4, 2010, video was posted as an illustration of the tone and conduct to which probate case litigants appearing before a Maricopa Superior Court (AZ) judge were subjected. Click here for a link in our Stories of Denial.
This Nov. 4, 2010, video was posted as an illustration of the tone and conduct to which probate case litigants appearing before a Maricopa Superior Court (AZ) judge were subjected. Click here for a link in our Stories of Denial.
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.
Detroit— The Rosa and Raymond Parks Institute for Self Development and its co-founder, Elaine Steele, filed court action late Tuesday accusing a Wayne County probate judge and two court-appointed lawyers of conspiracy in the long-standing battle over the estate of civil rights icon Rosa Parks. Steele’s attorney, Steven G. Cohen, added he also has filed Keep Reading…
Lee Bailey’s eurweb.com (Electronic Urban Report) has once again picked up Sue Summer’s latest article from The Newberry Observer on the questionable actions surrounding administration of James Brown’s estate. The article is introduced as follows: For those who’ve been keeping track of the James Brown probate case, or if you’re simply interested in know where Keep Reading…
Forget women! Hell hath no fury like a lawyer scorned – or at least that would seem the case as per this latest Danny Tate posting at Impeachrandykennedy’s Blog. A conservatorship (guardianship) can strip a person of their individual liberty and property rights. While Nashville musician Danny Tate admits his struggle with alcohol and drug Keep Reading…
An estate lawyer accused of a “wrongful scheme” to steer money to himself from the estates of the late June M. Farrington and her surviving brother will pay back $410,000 as part of a settlement. Estate lawyer Stephen M. Newman also resigned as executor and trustee of all of the estates and trusts he set Keep Reading…
Shannon Price failed to prove that she and Gary Coleman had a common-law marriage after their 2009 divorce. Fourth District Judge James R. Taylor ruled Monday that while Price had lived in the former “Diff’rent Strokes” star’s home after their marriage ended, the relationship failed to meet the state’s standard for a common-law marriage. “There Keep Reading…