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Tag: Avoid Probate

Conservator Stealing Money

Court Appointed Conservator Steals Over $1 Million

July 23, 2020
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Nashville attorney John E. Clemmons was sentence to 25 years in jail for stealing more than $1 million from wards entrusted to him in probate courts in Davidson and Rutherford counties in Tennessee. The Metro Nashville government will be paying $300,000 to settle a lawsuit filed on behalf of the estate of William Link, a man who was cheated out of nearly $800,000 by Clemmons. Clemmons was first apponted as Link’s conservator in 2003, and he was placed in charge of Link’s estate following his death in 2004.  The estate funds were earmarked for the benefit of Link’s disabled daughter….

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Elderly Care Taker

Crooked Caretakers: ‘Easier than you think’ to steal from the vulnerable

July 20, 2020
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Scott Teter, head of the Michigan Attorney General’s Financial Crimes Division, said “it’s easier than you think for rogue guardians and conservators to steal from wards.  Spotting exploitation is often left up to family members, but most families don’t have the resources to do that.” Teter continued with, the system is set up to respond to complaints, not search for evidence of exploitation.   Michigan: Flaws In The Law In Michigan conservators have to file an annual financial report, but guardians don’t. Additionally, the financial report itself doesn’t require any receipts or backup documentation to account for the money. “It’s…

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Letter in mail for probate hearing

Why You MUST Respond to Letter about Probate Court

July 15, 2020
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So you got a letter in the mail from someone (relative, lawyer, doctor,…) saying a hearing is scheduled for you for “Probate Court”. Your first reaction is, “What is this for?  I don’t need anyone helping me, or any court telling me what to do”.  This reaction is fine, but DON’T IGNORE THE PAPERS. You see, anyone can file an application with probate court, saying that your are incapacitated, and that you need help managing your life and money. Oh, so you don’t believe it?  Google how to file guardianship in your state.  You will see something like: 1- Fill…

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Elder Exploitation

How Courts and Guardians Exploit the Elderly and their Estates

July 14, 2020
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A California man spent $50,000 in legal fees freeing his stepmother from the clutches of a so-called guardian in Las Cruces, New Mexico, who charged $140,000 for services over a year’s time. – – – – – – – – – – Prosecutors in Pinellas County, Florida, on Nov. 15 charged Traci S. Hudson, guardian and then-president of the Pinellas County Guardianship Association, with felony exploitation of an elderly person. She’s accused of stealing $541,541, via charges of $1,600 per day, from a 92-year-old man she persuaded to assign his power of attorney to her. Within 10 months, she allegedly…

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Judge Doug Patterson

Judge Steals Money from Incapacitated Person

June 26, 2020
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In Alabama, 2019, Judge Doug Patterson was serving as the conservator for Charles Hardy; when Judge Patterson stole $42,800 from Charles Hardy.  The Alabama Attorney General charged Judge Patterson with three felonies, including use of official position or office for personal gain; financial exploitation fo the elderly in the first degree, and theft of property in the third degree. Charles Hardy, who is now deceased, was an incapacitated senior living in a Limestone County nursing home for military veterans. At the time Judge Patterson became his conservator, Charles Hardy account had over $43,000. By December 2016, the account had less…

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Bad Apple in Bunch

How to Prevent Family from Contesting Your Will

June 25, 2020
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Are your family members likely to fight each other over the things you leave behind? Regardless of your answer to that question, let me just say that, you really never know how family will act, especially when money is involved.  And, even if you have a Will, there is always someone who wants to challenge things because they want more; or they want someone else to get less; or they want someone to get nothing at all. So, what can you do to prevent your heirs from fighting over your Will? You can put special language in your Will to…

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