Thursday, December 30, 2010

OBRA SPECIAL NEEDS POOLED TRUSTS

OBRA SPECIAL NEEDS POOLED TRUSTS and OTHER "MEDICAID PLANNING" TRUSTS: LESSONS FROM A COOK COUNTY PROBATE ATTORNEY

We have had many requests to refer the new website address for the informational video that we referred to in our article titled: "OBRA Trusts: Medicaid Planning or Medicaid Fraud and Abuse." Some find this video controversial, as the attorney advises her peers on which Trusts are lacking oversight, and are thus easier to place estate funds into in order to qualify a ward for Medicaid; she also advises her peers to be careful with their verbage so their attorneys fees may be paid from the disabled person's trusts after the estate is tucked away into the trust and the ward is placed on Medicaid. This video may now be viewed at:

http://www.illinoislegaladvocate.org/index.cfm?fuseaction=home.dsp_Content&contentID=5512

Signed,

Your ProbateSharks "Medicaid Planning" Advisory Panel

How to Report Unethical Banks and Financial Institutions

How to Report Unethical Banks and Financial Institutions



Unfortunately, banks and other financial institutions may handle the estate property, funds and trusts of the elderly disabled in an unethical manner. Inappropriately written trusts, lack of fiduciary responsibility, money laundering, and inappropriate administration of trusts may occur. Below is information to assist you in reporting unethical banks and financial institutions:

Banks in Illinois are regulated by the IL Dept of Financial and Professional Regulation. The links below provide information regarding filing complaints against banks with the IL Dept of Financial and Professional Regulation:

http://www.obre.state.il.us/default2.htm

http://www.idfpr.com/


The Better Business Bureau is another place where unethical banks, financial institutions, and businesses may be reported:

http://chicago.bbb.org/Contact-BBB


The Federal Reserve is another place you may file a complaint:

http://www.federalreserveconsumerhelp.gov/complaintinfo.cfm?info=9

Here is the link to file a complaint with the Federal Reserve.

https://www.federalreserveconsumerhelp.gov/FormComplaint.cfm

Here is the link to file a complaint with the Federal Deposit Insurance Corporation (FDIC):s is the link to file a complaint with the FDIC -

https://www2.fdic.gov/starsmail/index.asp


Here is the link to file a complaint with the Attorney General's Office:

http://illinoisattorneygeneral.gov/consumers/filecomplaint.html

Signed,

Your ProbateSharks Trustworthy Banking Experts

Sunday, December 26, 2010

Nursing Homes and Supportive Living Facilities: Ownership Information

Nursing Homes and Supportive Living Facilities:  Ownership Information

If you would like to find out who owns a nursing home or supported living facility, click on this website, and enter the name of the nursing home:


http://www.idph.state.il.us/webapp/LTCApp/ltc.jsp

Once you are on the screen which shows the owners' names, you can click on their names to see which other nursing homes that person owns.

You can also see if the nursing home has any public aid (Medicaid) beds by clicking on "Payment Source".

If the name of the ownership has Llc in the name...... you need to go to this website and type in the name of the facility. After you do that, click on "view" and that will give you the name of the owners

http://www.ilsos.gov/corporatellc/

We hope this helps you in your search for names of nursing homes owners on your case.

Signed,
Your ProbateSharks Public Records Specialist

Friday, December 24, 2010

CBS NEWS: MARIE LONG STORY

CBS NEWS: MARIE LONG STORY

(CBS) You're supporting Marie Long with your tax dollars - even though she had plenty of money on her own. Then a court appointed guardians to look out for her best interests. But her relatives say the guardians had only one interest - enriching themselves.

Please read entire article in link below from Dec. 23, 2010 CBS Evening News:


http://www.cbsnews.com/stories/2010/12/23/eveningnews/main7179542.shtml?tag=contentMain;contentBody#comments

Please view video of CBS NEWS below at about 13:00 minutes into Dec. 23, 2010, CBS Evening News video:

http://www.cbsnews.com/video/watch/?id=7179993n&tag=morephotovideo

Editor's note: In recent investigations your ProbateShark has found Cook County Probate Court guardians are more greedy then the Marie Long guardians. Marie Long's guardian company took 4 years to go through 1.3 million dollars. Cook County Probate Court went through almost a million dollars of 98 year old disabled ward Alice Gore's life savings from her estate in less then three years. Do the math - Cook County  Probate Court hires more efficient thieves! To add insult to injury, the court approved, a person who was placed in 54 specialized mental institutions as Mrs. Gore's guardian. THIS ATROCITY CONTINUES TO OCCUR NOT ONLY WITH THE KNOWLEDGE OF PROBATE COURT EMPLOYEES INCLUDING JUDGES, BUT ALSO STATE AND FEDERAL LAW ENFORCEMENT AGENCIES MANDATED TO PREVENT IT.

Sunday, December 19, 2010

RANDY QUAID - Parallel Probate Corruption

RANDY QUAID - Parallel Probate Corruption
As Texas native and actor Randy Quaid along wife Evi face legal issues both in a Santa Barbara Superior Court and a Canadian immigration court, the couple's "Hollywood star-whackers"
claims continue to fuel questions of the couple being crazy, paranoid or on drugs. Answers remain unclear, but one thing is certain: the "crazy and outrageous" claims made by the Quaids about their own estate theft and networks of organized professionals seeking to loot estate assets parallel probate corruption cases that quietly happen every day.

It's easy for the general public and legal industry insiders to summarily dismiss these claims as "they're nuts," "that can't happen" or "they must have asked for it." The reality, however, is that contrived scenarios enabling Involuntary Redistribution of Assets (IRA) actions - illicit confiscations/diversions of property via trusts, wills, guardianships/conservatorships or powers of attorney - are becoming more common and impacting a wide range of Americans.

Read complete article:

http://www.associatedcontent.com/article/6068008/randy_quaid_crazy_estate_theft_claims.html
 
Editor's note:  This Involuntary Redistribution of Assets (IRA) happens every day in the Probate Court of Cook County.

Saturday, December 18, 2010

Chief Judge Evans reshapes Circuit Court leadership, forms new Elder Law division

Chief Judge Evans reshapes Circuit Court leadership, forms new Elder Law division


Circuit Court of Cook County Chief Judge Timothy C. Evans announced today major changes in the Circuit Court that include the appointment of new Presiding Judges and Supervising Judges in almost half of the court’s divisions and districts and the creation of a new division dedicated to elder law matters, the Elder Law and Miscellaneous Remedies Division.

“I want to be clear that these changes I am undertaking in the court system are designed to ensure that the Circuit Court of Cook County remains on its current trajectory as a model court for the nation,” Chief Judge Evans said.

In addition to the 10 appointments announced today, Chief Judge Evans said he expects to announce additional adjustments at the court’s executive management level in the near future. He also indicated that reviews of the structure and operations within the court’s divisions and districts are forthcoming. In addition to the creation of the new division dedicated solely to elder probate matters, he said, “Further significant changes to the court are to be expected.”

The Circuit Court is made up of six geographical districts and 10 divisions: Law, Chancery, County, Domestic Relations, Domestic Violence, Juvenile Justice, Child Protection, Probate, Criminal, and Elder Law and Miscellaneous Remedies. Each is administered by a Presiding Judge appointed by Chief Judge Evans.

Chief Judge Evans announced seven (7) new Presiding Judge assignments, which are effective December 6, 2010, as follows:

Judge Moshe Jacobius, who was serving as Presiding Judge of the Domestic Relations Division, has been named Presiding Judge of the Chancery Division to succeed Judge Dorothy Kirie Kinnaird who retired;

Judge Carole Kamin Bellows, a veteran judge in the Domestic Relations Division, will succeed Judge Moshe Jacobius as Acting Presiding Judge of the Domestic Relations Division;

Judge Mary Ellen Coghlan, a judge in the Probate Division, has been named Presiding Judge of the Probate Division to succeed Judge Henry A. Budzinski who retired;

Judge Patricia Banks, a trial judge in the Law Division, has been named Presiding Judge of the soon-to-be created Elder Law and Miscellaneous Remedies Division which will hear those elder law matters formerly heard in the Probate Division;

Judge Edmund Ponce de León, who was serving as Presiding Judge of the west suburban Fourth Municipal District, has been named Presiding Judge of the County Division to succeed Associate Judge Mark Ballard who served as the division’s Acting Presiding Judge following the retirement of former Presiding Judge Patrick E. McGann last August;

Judge Cheyrl D. Ingram, a judge in the west suburban Fourth Municipal District, will succeed Judge Edmund Ponce de León as Presiding Judge of the Fourth Municipal District; and

Judge Michael P. Toomin, a judge assigned by the Illinois Supreme Court to the First District Appellate Court, has been named to succeed Judge Curtis Heaston as Presiding Judge of the Juvenile Justice Division, who has been assigned to serve as a Supervising Judge within that division.

In addition to the assignment of Judge Curtis Heaston as a Supervising Judge in the Juvenile Justice Division, Chief Judge Evans also announced two other Supervising Judge assignments:

Judge James G. Riley, a veteran judge of the Probate Division, has been named as the Supervising Judge of the Probate Division; and

Associate Judge Mark Ballard has been named as the Supervising Judge of the County Division.

The supervising judge appointments are also effective December 6, 2010.
 
Editor's note:  Judge Banks has a reputation for fairness in the court system .  All of us at ProbateSharks.com team wish her sucess in her new position.

KawamotoDragon.com

Tuesday, December 14, 2010

Office of the Public Guardian (OPG), OBRA Accounts, and Outrageous Real Estate Transactions

Office of the Public Guardian (OPG), OBRA Accounts, and Outrageous Real Estate Transactions




In the Adult Guardianship Division of the OPiG, the Cook County Public Guardian, Robert F. Harris (who was appointed by Chief Judge Evans), serves as the court-appointed guardian for individuals adjudicated disabled by a judge in the Probate Division of the Circuit Court of Cook County. The Public Guardian's authorities and responsibilities are bound by the Probate Act of 1975 and other relevant statutes. As guardian of the person, the Public Guardian is responsible for the personal well-being of the disabled person. As guardian of the estate, the Public Guardian is responsible for the disabled person's finances, legal matters, and personal and real property. Many private attorneys work for the OPG.

Currently, the Public Guardian serves as guardian for approximately 800 individuals with disabilities. Approximately 70% of the disabled adults served by the Public Guardian's Office are over the age of 65.



That all said, one would think that the wards of the OPG would have their cases handled expediently and in the best interest of the ward, under the oversight of the judges in the Cook County Probate Court who are appointed to protect the elderly disabled whom they serve. However, the disturbing results of our audit results show that is not the case.



Most of the estates of the wards of the OPG are depleted with attorney's and guardian's fees.



OBRA Specials Needs Pooled Trust are utilized frequently for the wards of the Cook County Probate Courts. You can read more about OBRA accounts in our ProbateSharks article entitled: "OBRA Trusts: Medicaid Planning or Medicaid Fraud and Abuse" (see our index to the right). Once a ward's estate is placed into an OBRA Trust, the ward is moved to public aid housing. The OBRA Trust may not be utilized for private pay housing; however, it may be used for "administrative fees" (i.e., legal and guardian fees).



In a random review of 60 cases of the OPG, 39 cases resulted in OBRA Trusts. This correlates to 65% of the cases resulting in a move to public aid housing for the ward. All of these cases also show apparent churning of the estate with many, many legal fees being approved by the judge, both prior to, and after the OBRA Trust was created. The cases that have not led to OBRA Trusts are being depleted with legal fees as well, and some estates are closed very quickly with excessive legal fees, accounting for many of the remainder of cases that we audited.



Of these 39 OBRA Trust cases, many involved the sale of the wards' real estate just prior to the creation of the OBRA trust. Real estate assets are then quickly deposited into the OBRA Trusts. Quite disturbing is the fact that the average length of time that the property was on the market (based on the date that the judge ordered it was okay to list the real estate, and the date the judge approved the sale of that real estate) was less than 7 weeks! Either the OPG has a really good real estate agent, or these properties are being sold at less than rock-bottom prices.



We have been told of cases where the OBRA Trusts are being created with hundreds of thousands of dollars of the ward's money, "allowing" the ward to be eligible for Medicaid, and "allowing" a transfer into public aid housing, while the estate is utilized for "administrative fees."



This leads to many questions:

Who is benefitting from these OBRA Trusts?

Who owns the public aid nursing homes where the vast majority of the wards of the court are being transferred?

How much below the assessed value are these homes being sold for?

Who is purchasing the ward's real estate at rock-bottom prices?

How much money is being spent by the taxpayers of Illinois to house the wards of the court in public aid housing (when the wards' estates could have supported them in much nicer private pay facilities)?

What kind of burden is this putting on our Medicaid system in Illinois?

What percentage of the ward's estate is being utilized to better their lives, and what percentage of the ward's estate is being utilized to better the lives of the attorney and guardians?

Investigators are invited to review the court records to see the frequency in which OBRA Trusts are utilized by the OPG, and to see how quickly the ward's homes are listed for sale and then sold. Click on the link below, and search by name of the guardian by clicking on the "Claimant, Minor or Representative" box and typing in the name of the Public Guardian, Robert F. Harris.



http://www.cookcountyclerkofcourt.org/?section=CASEINFOPage&CASEINFOPage=4210



As you look over the cases, notice which judges' cases lead to "Special Needs Pooled Trusts", or "OBRA Trusts", or "Disabled Pooled Trusts". Also notice how very rapidly the house is approved to be listed on the market and then approved for sale. Also notice the MANY orders for legal fees throughout the case.



Further review of the cases can be performed on the 12th floor of the Daley Center; these court records are public, and may be easily viewed (see our article entitled "How to Obtain Court Records". These records hold the answers to the questions above.



The answers to all of the questions above need to be answered. The elderly disabled are being exploited by the Corrupt Cook County Probate Courts. Their lives are being ruined by transfers to public aid nursing homes.



And some other people are getting very rich off of the estates of the wards. Very rich.



As always, we welcome our State of Illinois Representatives, law enforcement, media, the Senate Judiciary Committee, Congressman, and Senators to join us in this investigation. Please contact us; we will be happy to provide you with our preliminary data and aid you in your investigation.



Please help us save the elderly disabled in Illinois. They need your help. Only you can put an end this exploitation.



Signed,



Your ProbateSharks Team of Dedicated Volunteers

Editor's note: Many private guardians also utilize OBRA accounts for their wards of the court. The cases of all private court-appointed guardians may also be searched by using the link above.

Editor's note 12-22-2010.  Hi Tami,  I have refered your comment to our expert on OBRA accounts. Our expert will also search our files for any information concerning the Devon Bank.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Monday, December 6, 2010

REAL ESTATE AND LAND TRUST SCAMS EXPOSED!

REAL ESTATE AND LAND TRUST SCAMS EXPOSED!


Real estate and land trust scams are prevalent in the Corrupt Cook County Probate Courts. Once guardianship is established, estates are hastily liquidated and property sold, often for a very small fraction of the assessed value of the home. Once the estate is liquidated, it is rapidly drained with exhorbitant legal and guardianship fees. The wards' estates are often sold off very rapidly in a depressed real estate market, making one wonder who the buyers are, and how quickly are they then re-selling the land for large profits. It is not surprising to learn that there is documented evidence that some of the bargain-priced homes are being purchased by the owners of the public aid nursing homes where the wards of the court are being moved.

If you suspect that your loved one has been financially exploited by a real estate or trust scam during their guardianship proceeding, you can research the facts by utilizing the websites noted below.

To see current assessed values of properties, and to search property addresses to obtain the PIN, please go to this site. By entering the property address, you can find out the PIN number.

http://cookcountyassessor.com/Property_Search/Property_Search.asp

After you get the PIN, you can go on this site to see Deed and sales history information. You can also find out Land Trust information on this site. For trust info, click on grantor/grantee tab, and type in the name of the owner and/or trustee. Copies of the information on this site may be downloaded or purchased by mail for $1.50, plus a $1.50 service fee.

http://www.ccrd.info/

You can also see sales information, including sales prices at:

http://www.zillow.com./

If you are a beneficiary of a land trust that is under the control of a guardian, it is advised that you become aware of your legal rights. Your rights are spelled out in this law:

The 2010 Illinois Code CHAPTER 765 PROPERTY

765 ILCS 405/ Land Trust Beneficial Interest Disclosure Act.

http://law.justia.com/illinois/codes/2010/chapter765/2185.html

More about land trusts can be found on the websites below:

www.obre.state.il.us/consumer/Tips/TRUSTS.HTM

http://www.realestateforprofit.com/landtrusts.aspx

http://illinois-attorney.com/landtrust.htm

We hope you find this information useful in your fight against guardianship abuse in the Corrupt Cook County Probate Courts!

Signed,

Your ProbateSharks Expert Real Estate Team

Sunday, December 5, 2010

ABC15 News website on guardian abuse

 ABC15 News website on guardian abuse




http://www.abc15.com/generic/news/local_news/investigations/probatecourt
 
Editor's note:  This is an additional link to the previous ABC TV  Arizona posting. Keep in mind that the same criminal behavior takes place every day in the Probate Court of Cook County.

Saturday, December 4, 2010

ABC MEDIA EXPOSURE IN ARIZONA PROBATE CORRUPTION

ABC MEDIA EXPOSURE IN ARIZONA PROBATE CORRUPTION



KUDOS to ABC15 News in AZ! The media can play a key role in ending corruption in the probate courts. As this probate corruption occurs within the judicial branch of government, it is extremely difficult to get law enforcement officials to prosecute because they get political and professional pressure to look the other way.

When media exposure occurs, light is shed on the crimes, the public becomes informed and outraged, and local attorneys general and sheriffs can no longer deny what is occuring.

Unfortunately, probate corruption is flourishing in Cook County, Illinois, as it is in Arizona. We have not, as of yet, been successful in obtaining media coverage.

We invite media coverage in Cook County, Illinois. There are many victims who can share their stories, point you to the alleged wrongdoers, and help guide you on how to obtain information needed for an investigation. Many of the victims have all of their facts ready for your review.

See www.probatesharks.com, www.stopguardianabuse.org, and www.estateofdenial.com.

Caring media and law enforcement officials are invited to help us in our fight to save the lives and estates of the elderly disabled in Cook County, Illinois
 
By Anonymous

WOMAN FREED FROM CONSERVATORSHIP (SLAVERY)

http://www.wsmv.com/news/25999471/detail.html?taf=nash

WOMAN FREED FROM CONSERVATORSHIP (SLAVERY)

A Nashville woman who fought for nearly two years to get out from under a court-ordered conservatorship was set free Thursday.


Ginger Franklin had a conservator, or guardian, appointed to handle her affairs after she tumbled down the stairs at her house in 2008 and suffered a brain injury. After she recovered, she tried to regain control of her life but found it to be a long and draining ordeal involving multiple court hearings.

On Thursday, Nashville Probate Judge Randy Kennedy dissolved the conservatorship after reading a new doctor's report that says Franklin had fully recovered.

“It’s hard to take it all in,” Franklin said. “I’m a free woman. I can drive. I can work. I can get married. I can vote.”

They are things that most Americans take for granted, but they are things that people under a conservatorship are not allowed to do for themselves.

Franklin said she hopes to get her job back and start her life over.

"I'm going to celebrate by celebrating my life every day," Franklin said.

Previous Story:


•November 19, 2010: Woman Fights For Control Of Her Life

Editor's note: The Ginger Franklin  saga occurs to other unfortunate victims on a daily basis in the corrupt Probate Court of Cook County. Please view the video link above along with other "Ginger Franklin" links included in this blog. Also, feel free to search the internet for other information concerning "Judge Randy Kennedy".

Thursday, December 2, 2010

Citizen Participation Act (SLAPP) 735 ILCS 110/1 et seq.

Citizen Participation Act (SLAPP) 735 ILCS 110/1

As we discussed last night on "Cooper's Corner North Shore Live" cable TV, in cases in which the New National Socialists feel the way to address investigations into conduct in guardianship cases (such as Sykes)


if pursuant to the protections of the SLAPP statute 735 ILCS 110/1 et seq. As you aware, an attempt has been made to silence me and thwart my representation of the interests of my clients i.e. the friends and family of Mary Sykes.

The policy of the State of Illinois is reiterated in Section 5. The Constitutional Rights of my clients and I are intended by the State to be protected. They therefore have set forth a credo and a remedy. Unfortunately the Probate Judge was not interested in hearing about the Citizen Participation Act (SLAPP) 735 ILCS 110/1 et seq. and I will have to address this matter in the Appellate Court. This has to this date been the pattern of the Sykes case and it will probably continue. However, that said, the cases are being to flow.

Just for the record it is my position that the (Sykes) GALs motion for sanctions against me was brought to silence my clients and me and to punish us for enjoying our Constitutional Rights protected by the First Amendment to the United States Constitution. Why else would a GAL be concerned that I was conducting my FRCP 11 investigation? Why else would the GAL not furnish me a copy his report or assist me in conducting my examination so that I could report to my clients and if everything was indeed Kosher mollify them? [What frightened the GAL so badly by my benign letter that he wrote not once but several times to the Attorney Registration and Discipline Commission (according to his time record) to complain about my making inquiry from Mary's treating doctor? This was the same treating doctor who refused to certify Mary as incompetent)]

There are two cases that anyone who feels his/her Constitutional Rights were thwarted by the a 'legal action' promulgated by a plenary guardian or a GAL should read. We as citizens have an absolute right to address our greivances in the Court and to have a 'level playing field.' A Guardian ad litem is not appointed to discriminate or guide the deprivation of a senior citizen's rights - the GAL is the 'eyes and ears' of the Court. The Court is delegated the responsibility to protect the senior and mininize the deprivation, if any. The first case is Shoreline Towers v. Debra Gassman. 3010 WL 3834520. The second case is reproduced below.

Ken Ditkowsky

http://www.ditkowskylawoffice.com/


Only the Westlaw citation is currently available.

Editor's Note:  Links to complete caselaw will be available on this posting soon.