31 March 2015

ESTATE FRAUDS ! ! !

After Lying and Embezzling from Her Mother’s Estate, Daughter is Jailed

Be Alert for Warning Signs

If You Suspect Fraud

If you are the beneficiary of an estate and think the executor is being dishonest, there are several steps you can take.
Consider getting an independent opinion from a probate lawyer who’s not involved in the estate. The attorney can review the last will and testament, probate court filings and any correspondence you’ve had with the executor in an effort to determine whether something is amiss.
Your lawyer can also take your concerns and available evidence to the probate court that’s overseeing the estate or local law enforcement authorities. After they review the evidence, they may decide to take legal action. This could include issuing a court order that requires or forbids the executor from performing certain actions, removing the executor and appointing a replacement, or filing criminal charges.
Regardless of the probate court or law enforcement’s actions, you may also have grounds for a civil lawsuit against the executor. Your probate lawyer can review your situation and tell you if this is a viable option.

Fraud

Sometimes fraud concerning a will or estate isn't discovered until after probate has closed. While the case could be reopened in probate court and a plaintiff could then sue for fraud or undue influence, another remedy, the tortious interference with an expectancy of an inheritance or a gift, has some advantages over a will contest:
Not only is the statute of limitations generally longer for tort actions, but the running of the statute doesn't begin until the discovery of the tort or when it should have been discovered, whereas the statute of limitations for will contests starts when the testator dies.
The tort challenge will not fall under no-contest clauses, since a tort challenge is an in personam action against the tortfeasor but a will contest is an in rem action against the probate estate; hence, a tort action is not considered a will contest, so that if the challenger were a beneficiary under the will that had a no-contest clause, then he would still receive the property even if he loses the tort suit. (If the challenger is not a beneficiary under the will, then he has nothing to lose from a no-contest clause.)
The tort action may be the only remedy available to someone who is neither an intestate heir or beneficiary under the will, since only plaintiffs with a financial stake under the will or intestacy will have legal standing in a will contest.
Because the tort action is in personam, the tortfeasor is personally liable for damages, so the plaintiff can still recover even if the probate property is not available. Furthermore, the successful plaintiff in a tort action can recover pre-judgment interest, attorney's fees, and punitive damages—none of which are recoverable in a will contest.
A lower standard of proof is required. Because the testator is dead, will contests require clear and convincing evidence while a tort action only requires a preponderance of the evidence.
HOW TO HELP SPOT A FRAUDULENT WILL
(AND OTHER FORMS OF ESTATE THEFT)

First, the only direct witness is usually dead by the time the theft is discovered. Young and healthy people are rarely targeted for estate theft. Unfortunately, the terminally ill and elderly are typical targets. They are the most vulnerable and the expected payoff is not far off. Stealing from a person who is physically and mentally weak is far easier than a person with all their faculties and health.

Second, estate theft is often undetected. As stated above, the only direct victim is usually dead by the time the theft is discovered. A case for estate theft is often made out entirely by circumstantial evidence. The family of the deceased victim often accepts an inexplicable/illogical estate plan as “Mom’s wishes”. The family does not know what to look for or how to properly investigate potential theft.

Third, estate theft is almost never prosecuted. The legal burden of “beyond a reasonable doubt” for a criminal conviction is nearly impossible to prove in estate theft cases. Prosecutors often have no choice but to rely on the civil justice system to remedy the theft. Without the threat prosecution, thieves have little deterrent. The Brooke Astor case is a very high profile, but rare, example of criminal charges being filed in a case of alleged estate theft.

http://www.dcandmdprobatelawyer.com/fraud.htm


Misappropriation [Embezzlement] of Estate Assets - $107,692.30


SUPERIOR COURT OF THE STATE CALIFORNIA FOR THE COUNTY OF LOS ANGELES

In Re the Estate of EDWINA FULLER CASE NO. BP 135381

http://benamarine.blogspot.com/2015/03/misappropriation-embezzlement-of-estate.html


PENAL CODE 
SECTION 368-368.5


CALIFORNIA

Good luck with that!





30 March 2015

Los Angeles County Superior Court Cases BP099211, BP118616, BP122665, BP135381


http://benamarine.blogspot.com/search?q=1916

Sale & Sold estate assets below fair market value.

The above is but, a snap shot.

There has been all sorts of fuckry.





Robin Williams’ wife, children head to court in estate fight



- Associated Press - Monday, March 30, 2015

SAN FRANCISCO (AP) — Attorneys for Robin Williams‘ wife and children are headed to court in their battle over the late comedian’s estate.
The attorneys are scheduled to appear before a San Francisco probate judge on Monday, as they argue over who should get clothes and other personal items the actor kept at one his Northern California homes.
In papers filed in December, Williams‘ wife, Susan, says some of the late actor’s personal items were taken without her permission.
Read more: http://www.washingtontimes.com/news/2015/mar/30/robin-williams-wife-children-head-to-court-in-esta/#ixzz3VsH0oNFS 


24 March 2015

Misappropriation [Embezzlement] of Estate Assets - $107,692.30


SUPERIOR COURT OF THE STATE CALIFORNIA FOR THE COUNTY OF LOS ANGELES

In Re the Estate of EDWINA FULLER CASE NO. BP 135381


It is alleged that $107,692.30 was misappropriated from the Estate of Edwina J. Fuller by Steven A. Fuller with the assistance of Atty. Teddie J. Randall.

Edwina J. Fuller passed away on 02 June 2012, her conservatorship ended upon her death and thus became "the Estate of Edwina J. Fuller" and subject to California Probate Code.

$107,692.30 was paid to the Estate of Edwina J. Fuller on 29 September 2014 by Atty. Tala R. Davis in her capacity as Successor Trustee of the Thelsey L. Fuller Trust and from the Estate of Thelsey L. Fuller [LASC Case# BP 122 665] by Comerica Bank check #000250402 to Mr. Steven A. Fuller. 

No accounting has been made to the court in regards to the $107,692.30 received by Mr. Steven A. Fuller in connection with the court cases:

LASC Case# BP 099 211 Fuller, Edwina - Conservatorship 

LASC Case# BP 135 381 Fuller, Edwina - Decedent

Click on image to enlarge
























But, instead those monies have been excluded from any accounting filed by Atty. Teddie J. Randall and his client Mr. Steven A. Fuller with the court in regards to the Estate of Edwina J. Fuller and or the cases cited above.



That these monies were taken without being reported to the court, without the consent of the court and without the oversight of the court constitutes fraud and financial elder abuse against the beneficiaries of the Estate of Edwina J. Fuller.

Shirley Ritchey, daughter
Sandra Arnold, daughter
Robert Fuller, son
Doris Fuller, daughter

That those monies have been embezzled and fraudulently converted is a violation of statutory law.

It is further alleged that Steven A. Fuller owes each beneficiary $21,538.46, their portion of the $107,692.30 paid to the Estate of Edwina J. Fuller by the Estate of Thelsey L. Fuller. That California Probate Law should have been applied by the court before any monies were distributed or confiscated by Steven A. Fuller and or any of his attorneys.




FIRST AND FINAL ACCOUNT AND REPORT OF ADMINISTRATOR; PETITION FOR APPROVAL OF DISBURSEMENTS; PETITION FOR STATUTORY FEES AND COMMISSIONS; FOR EXTRAORDINARY FEES; AND FOR FINAL DISTRIBUTION [PROBATE CODE 10900-1100, 10954] 

Set for hearing 16 June 2015, 8:30 AM, Department 5, The Honorable Maria E. Stratton

More to come, watch this space.*

*Objections to the accounting were filed 04/17/2015.

19 March 2015

Three Score Ten


Elder Abuse, Financial Elder Abuse, Fraud, Undue Influence, Theft.... at or near or even long before 70-years-old that's when it's likely happen to you.

Three score ten is all that is promised to us according to King James.


1. What is elder abuse?

It is the neglect, exploitation or “painful or harmful” mistreatment of anyone who is 65 or older (or anyone aged 18 to 64 who falls under the legal definition of a “dependent” adult). It can involve physical violence, psychological abuse, isolation, abandonment, abduction, false imprisonment or a caregiver’s neglect. It could also involve the unlawful taking of a senior’s money or property.

In short, elder abuse involves various crimes, such as theft, assault or identity theft, that strike victims of all ages. But when the victim is 65 years old or older (or a dependent adult), the criminal could face stiffer penalties.
For the most part we treat our elders worst than we treat beat up old automobiles.






When the story below first broke, "This Ain't No Game Show" was on top of it:



Two charged with felony elder abuse in abandoned Castro Valley care home case

"The owner and a top administrator who are accused of abandoning elderly and mentally ill residents in a Castro Valley senior home in 2013 without proper staffing or care for two days have been charged with felony elder abuse and could face up to 17 years in prison if convicted, officials said Monday."


12 March 2015

What Happened to the Cadillac


BP122665       1034     THELSEY L. FULLER TRUST DATED JULY 23, 2008
     
TRUST PROCEEDINGS  
FINAL ACCOUNT & FEES
Petitioner(s): DAVIS, TALA R., ESQ.  
Attorney(s):  
Continuance Number:     Continuance From:
Last Date Changed: Friday, March 06, 2015 4:44:22 PM
Last Note Changed By: SSAITO
To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available on the Court's web site at www.LACourt.org.

FILED 11/12/14

PRIOR ORDERS final acct of proor trustee Patrick Barnes approved 10/14/14

SUMMARY
petnr temporary interim trustee per prior order 5/24/14 order
acct period 6/25/14 to 9/30/14
alleges poh $230,384

FACTS N/A

MATTERS TO CLEAR

A No order settling acct of prior trustee Patrick Barnes per 10/14/14 m.o. in file
B Was is status re collection of $235,152 judgment against Robert Fuller and Doris Fuller?
C Why is judgment also not an asset on hand?
D Where is inventory of Belhaven r/p?


E What happened to Cadillac inventoried at $3500


"E What happened to Cadillac inventoried at $3500"

Cadillac is not running and is worth $800.00 if that much. 

The steering box is gone, paint and vinyl top are shot as well, it has an electrical short that drains the battery and in order to start the vehicle, start fluid must be sprayed into the carburetor.

The vehicle was set to be junked by the trustee, Tala R. Davis.

Shirley, Sandra, Robert and Steven wanted me to have the vehicle.

Said vehicle is in York, SC, I had it shipped here.

Doris has refused to turn over the title.... she's a bitch.

If the vehicle was on a US naval vessel it would be the anchor.

The bigger concern is what happened to the contents of 8625 S. 12th Ave, Inglewood, CA 90305 after it was sold.

Why weren't the antiques and the other contents of the home inventoried but, instead carted off somewhere by unknown persons hired by Trustee Davis after she sold the home?