Dealing with corrupt siblings and their corrupt lawyer and possibly corrupt judge; any advice?

[shanrose]

A Judge doesn't operate off of letters, just Motions. That is the language of the Court. A letter goes just to her, whereas a motion goes to all litigants, causing the wheels of justice to turn.

[Was the letter sent timely? Sworn to and notarized? Sent to all parties? In the right format? To the right Court / Addresses?]

FYI: The judge's job is to see that an asset valuation was made, arriving at a total valuation.
She then sees that each beneficiary receives their percentage of value, after expenses deducted (sales commissions, Estate lawyer fees, property fix up costs, etc.).

Also realize that due to Covid, deaths are up 20%. It used to take 3 months to get a
Probate court date. Now it takes about one year due to the backlog.

I filed the Motion according to court rules, in the proper time, and signed. I said that they committed perjury and harassment and that I was not responding to anymore of their attacks. I never heard a word. I assume the judge read it. I did not have it notarized. Isn't she bound to respond to our complaint? She doesn't care what I'm being put through - as long as it's not her feeling it.

 

[shanrose]

"Depending upon local laws, you may have up to three months to notify interested parties after your probate petition is accepted by the courts at your first hearing. However, it’s best to get this done prior to your hearing so that you can obtain a waiver of process and consent to probate from all interested parties.


This waiver and consent tells the court that all beneficiaries acknowledge the validity of the will (if there is one) and are willing to have you act as the executor or personal representative With this consent, they are waiving their rights to contest the will or any legal action you may take in regards to the estate.


Having these waivers at your first hearing increases your chances of being awarded the rights of independent administration—which means the court will be less involved in your handling of estate assets.


This process can take as little as a few days if you have current contact information for all beneficiaries and they are willing to sign the waivers. If you need to search for the beneficiaries or if any parties decide to contest the will, this can take one to two months or longer."

More Here with a Map :

https://www.homelight.com/blog/probate-timeline/

My sister and I opposed it but the judge gave the two corrupt siblings the duty of Executor. We could not believe it. It's putting the fox in charge of the henhouse.

 

[Jim Costa]

I can't say much without seeing the Motion.

But it sounds more like an affidavit than a motion. An affidavit is simply a statement of fact.

A motion asks for relief such as shoot the person, expel them, or some other action from the judge. But a vague statement that they are despicable does not cause an action from the judge, in my opinion.

To me court is a structured game of Mother May I. One must play by their rules.

 

[shanrose]

I can't say much without seeing the Motion.

But it sounds more like an affidavit than a motion. An affidavit is simply a statement of fact.

A motion asks for relief such as shoot the person, expel them, or some other action from the judge. But a vague statement that they are despicable does not cause an action from the judge, in my opinion.

To me court is a structured game of Mother May I. One must play by their rules.

I did make a Motion - I forget what it was titled, but I asked for relief from the court for their harassment and perjury. Nothing. I never got a response. Then their attorney filed a motion for me to pay her legal fees. You're making me see this more clearly, although this judge should have responded to my request for relief from harassment. She did nothing. She acted like she never even saw it. So I don't know what's up with her other than she's friends with their attorney and isn't even considering what I say.

 

[Jim Costa]

A probate judge cannot give you relief for harassment. That would be another court.

She can take action on perjury if she has adequate evidence to act.

 

[shanrose]

A probate judge cannot give you relief for harassment. That would be another court.

She can take action on perjury if she has adequate evidence to act.

I do have evidence. I can submit it to the court but I just want it ended and to cut free from all of them. I told the judge in my brief that they committed perjury and to call the funeral home to find out that it was the two evil siblings who refused to pay - they blamed US and said that WE refused to pay. The judge never responded. Why?

 

[Jim Costa]

Judges do not investigate or make phone calls.

That is for you to do in the form of affidavits from all witnesses.
But is this in regards to another probate problem? If so the judge has no jurisdiction over that.

 

[shanrose]

Judges do not investigate or make phone calls.

That is for you to do in the form of affidavits from all witnesses.
But is this in regards to another probate problem? If so the judge has no jurisdiction over that.

Ohh ok - I got a statement from the funeral home which proves they committed perjury. Maybe I should submit it? My husband said to just show it at the video hearing if we go.

 

[Jim Costa]

I am not sure if you know what you are asking of the Universe.

Is your goal is to prove that somewhere in time, under this Probate case or another Probate case, someone stepped on a crack.

If that is proven you then want them thrown out as Executor, right?

I assume the crack was not paying the full bill at the funeral home, right?

If the judge throws the two of them out, who will take their place?
I thought you were too sick and your other sister didn't want it either.

Keep in mind at the final hearing they will have to demonstrate all legal bills have been paid.
_____________________________________________
So if your goal is to get both of them removed, then you may have to file a Motion To Set Aside the Appointment Decision. With it will be all the evidence a court would need.
____________________________________________
However, the financial outcome will be the same as if they had stayed on.
So what would be your gain?

 

[shanrose]

I am not sure if you know what you are asking of the Universe.

Is your goal is to prove that somewhere in time, under this Probate case or another Probate case, someone stepped on a crack.

If that is proven you then want them thrown out as Executor, right?

I assume the crack was not paying the full bill at the funeral home, right?

If the judge throws the two of them out, who will take their place?
I thought you were too sick and your other sister didn't want it either.

Keep in mind at the final hearing they will have to demonstrate all legal bills have been paid.
_____________________________________________
So if your goal is to get both of them removed, then you may have to file a Motion To Set Aside the Appointment Decision. With it will be all the evidence a court would need.
____________________________________________
However, the financial outcome will be the same as if they had stayed on.
So what would be your gain?

No. My goal is to have this ended ASAP. My goal is NOT to pay their lawyer's fees which is entirely unjustified. That's it. They lied REPEATEDLY and said that my sister and I were delaying the finalization of the estate and said that's why I should pay their lawyer's legal bills. I was able to get the statement from the funeral home PROVING that they lied and committed perjury. However I didn't submit it because my husband said it could be shown at the zoom meeting. I don't even know if I'm going. I asked that my niece handle it as she's moral. The judge gave it to the two corrupt siblings.

Do you think I should submit that statement to the court?

 

[Jim Costa]

I cannot help you.

 

[shanrose]

I cannot help you.

Ok. If it was you would you submit it?

 

[Jim Costa]

In my opinion you cannot reason your way through this.
You appear to be too engulfed in emotion.

You need to run from all of this.

 

[shanrose]

In my opinion you cannot reason your way through this.
You appear to be too engulfed in emotion.

You need to run from all of this.

You are correct. My cup is full. There's a bad history there and my brother's death brought vile people back into my life that I don't want there. They're doing what they do best: being vile. There is a reason that I cut them out of my life many years ago and that's where I want them to stay.

 

[shanrose]

To those who took their time to answer me and pray for me:: THANK YOU, THANK YOU, THANK YOU.

I wasn't feeling good - I was emotionally wiped out and angry at the chunk of my life this has taken due to corrupt siblings - but my good sister and her husband and my husband were all set to go to the meeting so I thought that I'd better go.

It was a different judge and I thank God Almighty that he was honest.

Has anyone experienced a time when you sense immediately that someone is honorable? That's what we all felt. I know some people call it an aura? Anyone ever sense another's "aura"?

I could barely sit there and listen to the witches cackle out their lies. I spoke with another attorney who said that they should have been disqualified after thy were caught altering a will years ago. That's why I thought that something smelled fishy with them getting appointed. How could a judge appoint them, knowing they unlawfully stole years ago, and tried stealing from me, but I fought it? It was as if someone dropped an anvil on my head. Nothing made sense.

The definition of insanity is doing the same thing over again and expecting a different outcome. The prior judge gave it to them and I knew it was going to be a problem and there was. They're wasting our time and estate resources.

The judge asked us each questions and when he was done he mentioned what I said: "With a fairly decent estate, plus the PR fees they'll be getting, why are the two PRs worried about reimbursing other beneficiaries?" So my point did stand out to him.

Then he asked my husband and I and my good sister if we had any objections with the two evil sisters being reimbursed. We said "no." He asked the two greedy liars and she snapped "I oppose everything!" So it shows what they are and what we are.

The judge decided that I did not have to pay their legal fees which was a relief. However he said that he's unsure about what the law allows for the rest.

The judge said he'll deny their lawyer's motion in part and approve her motion in part. What does that mean? That he's going to deny us some money because she's a lawyer? We liked him and hope and pray that he's honorable but I don't need another emotional shock of getting cheated by the demonic duo.

So thank you everyone for your advice and prayers. We still got a ways to go and those two will try to steal - it's a given. So if anyone has anymore advice going forward I'm all ears.

I thought they should be removed and filed a document for removal but the judge said he can only judge on one issue. Can I file it again and ask for their removal? They should never have been put in there. We won I guess today but those two are EVIL and will not give up. For however long this takes to finalize it's going to be fraught with attempts at theft. I don't know what else they can fiddle with to steal. Should I ask for criminal investigation?

 

[Patchouli]

I've got no advice but it honestly sounds like things are a bit better.

 

[shanrose]

I've got no advice but it honestly sounds like things are a bit better.

Yes, thank God. I don't understand why we're forced to endure and go through horrible things like that.