by: Danny Tate on December 20, 2011
Impeachrandykennedy’s Blog

Inside E Street
AARP tv/radio

Spotlight on the Astor case and the Danny Tate “conservatorship”, with legal expert opinions on both.

This segment addresses three guardianships/conservatorships cases, two examples of how this probate instrument is abused and one example of the good. From my perspective as a person adjudicated a “ward of the state”, and resulting in becoming an advocate for reform, what determines the bad from the good falls at the feet of the individual judges who preside over each court and each individual case. In my jurisdiction, I’ve never been approached or informed by one single person proclaiming evidence of a good conservatorship (7th Circuit Court, Davidson County, Nashville, TN). Judge Randy Kennedy often announces from the bench that his court has more conservatorships than any other probate court in the state, though Shelby County (Memphis) has a larger population.

The fact that a law of preservation (conserving) is adjudicated in a court of liquidation (probate court) is where the fundamental problem lies. Wrong Venue. The mechanics of probate are geared towards the liquidating and dividing of assets amongst the heirs of the deceased, while the law of Conservatorship (the name given in Tennessee and California, Guardianship is the term used in all other states I’ll refer as C/G).

Understand, all my statements are based on information I’ve learned from other advocates, legal experts, my research and personal experience having been involuntarily thrust into probate hell. I do not pretend to be the final word on the issue and am continuing to learn and accumulate more knowledge to the subject daily.

According to experts, my case is one of a more egregious nature, a “temporary” conservatorship that was/is anything but temporary, but what concerns all advocates are the cases we don’t know of.

Because of the unchecked power probate judges, a court with little to no oversight, no jury, all attorneys being paid by the court, all attorneys being ultimately appointed by the court, all matters controlled by the court, well, it invites questionable practices and, in my informed opinion, corruption.

Consider again, the probate court is the largest business in the world, yet does not appear on the Fortune 500 rankings. Based on a ball park calculation, in excess of $28 trillion passes through US probate annually, dwarfing the GDP and the National Debt, and according to this calculation, more than the two added together, and this is based on figures from the mid to late 90′s.

Using C/G, the subverters of the probate law have figured out a way to loot your estate before you’re in the grave. And subversion has become the rule as opposed to the exception, from my perspective.

Our public servants from all branches of government have failed in their duty to protect us from this unearthed Holocaust that is happening right beneath our noses. And I do believe history will just it as another Holocaust.

Our society has grown in a direction where the elderly are deemed disposable and a burden, instead of being celebrated and revered. My hope is that we will point the generations to come back to this reverence for life, especially the lives of those who have grown too weak and frail to speak for themselves and protect themselves.

In closing, the era of greed from the nineties has morphed into an era of thievery in the new millennium, and the elderly are all in jeopardy of spending their golden years imprisoned by the probate practitioners who embody everything that has gone wrong with Democracy, along with just pure, human decency.

… Pauper v. Probate: Inside E Street/PBS/AARP ~ by: Danny Tate »

~ Impeachrandykennedy’s Blog ~