Ongoing savaging by the Probate courts–the taking of property from the elderly

Check this out: this is how the Probate Court System of the United States does it, and remember this is all based on false allegations against Ms Smith, as family caregiver: .

Bad attitude.

Spunky.

(This G.A.L. #2 was trying to be the most polite he had been since the beginning: (see video)   LIST of professional, white-collar, thieves, available on protected linked page:http://wp.me/P47e1P-1L> 

Dear Ms. Smith

Ms. W has suggested that I might be able to help get your father’s affairs and personal property settled, so I am emailing you directly. I am copying everyone so communication might be enhanced.

Next, as to your stated interest in renting the house: Ms. VP correctly stated that there are a number of financial issues to deal with, if you were to rent the house. I concur, especially because if you were the tenant and your father was landlord, we would need to avoid any suggestion of a conflict of interest that cost him money. However, I ask that if you are working in that direction, you would consider abandoning your quest to rent it. The reason is that, after having toured the house in the company of a realtor, I think, and Ms. W and the realtor agree, that fixing up the house to a level where it could be rented out (to you or anyone else) would be very, very expensive.

It is my professional opinion that renting the house out before it is heavily if not totally renovated would be a bad idea for your father because of a substantial risk of liability as landlord. The reason is that landlords in Colorado now have strict duties to provide safe housing, and we cannot even guess at this point how much must be done to make this house safe. Please refer to Colorado Revised Statutes sec. 38-12-503, which is known as the warranty of habitability statute. I think you should know that it is therefore Ms. W’s intention to get the house fixed up enough to maximize a sale price (perhaps to an investor or a contractor, rather than a potential homeowner) and then to sell it. If your son receives the money he has said he expects, he can certainly buy it, assuming it is still on the market at that time, and any sale must be approved by the magistrate, after a hearing at which you would have a chance to be heard.

To get the house ready to sell, I see two areas to focus on: inside and outside. Outside is simpler. Ms. W expects to hire someone in the near future to clean out the yard, especially by cutting down the many volunteer saplings and trimming the bushes and trees. Whether the wheel chair ramp should be kept, or the fence along the alley, or other things, I don’t know — I’d want a realtor’s input. I think she also should arrange to have the shed removed, since it looks like junk to me, but I’m not an expert and I’m trying to help, not to dictate to anyone. If any of the property in the yard — I remember a rake, an overstuffed chair, hoses, some lawn furniture and statuary — belongs to you, please come and remove it. Do you know if the big CB antenna is functional, and if it is modern enough to have a market value? Perhaps Ethan knows. I saw some irises along the fence by the alley and if you have fond memories of them, I doubt that Ms W would mind if you dug them up for transplanting.

    (Daughter planted these Iris.)

Inside is more complex. Some of the property is no doubt yours and some may be your son’s, but Ms. W does not know what is what. Your knowledge and input are therefore requested. Some of the property that is clearly your father’s is probably family heirlooms, which you may want to buy from your father’s guardianship estate. Some of it, as you state, might well belong in a museum, while some of it — I saw some glassware that might be crystal, for example — has some value to an estate auctioneer and should be converted to cash and put in your father’s accounts. However, the house is so full of things that I foresee difficulties in dividing it efficiently into the four or five classifications. Note that I would welcome your suggestions on how best to proceed, but I offer the following as a basis for discussion:

1. Linda would order a dumpster from Waste Management (or another company) to be delivered to the site, and she would arrange for a two-man work crew to arrive on an agreed date, at 0900.

2. With your, my and Linda’s input (and maybe Linda’s husband being present, too, to reassure everyone that we can get this done peacefully), the stuff that is clearly of no value to anyone would be tossed in the dumpster. That should clear out some space in the house for the other things to be more carefully evaluated, and we would go through it all jointly as we put it in separate piles or separate rooms. Whatever you and Linda can agree should go to you or Grandson would be segregated or — if you have access to a truck for transporting it — handed over to you. This would take a while. If there is disagreement over whether something belongs to you or to your father, or if it should be sold or sent to the museum, we can set it aside and file a motion with the court for a decision. If there a lot of property on which there is no agreement, I will be advising Linda to make her final decisions, because this process of dividing things should not delay progress toward the sale of the house.

3. Then Linda can arrange to donate the museum pieces, and you can agree with her on the value of heirlooms that you want to retain. You and your son should make arrangements to remove your property that same day.

Note, please, that to get the house ready for sale, everything has to come out of there, so your property — either just plain yours or yours in the sense of family heirlooms that you can pay the estate for — cannot be stored there.

Please feel free to offer suggestions, but please note that we have to get this done. If we don’t have a general agreement on how to proceed by noon on Wednesday, Feb. 26, then I will think it’s time for Ms. W to proceed as she deems best. (Deleted) I am concerned that my client’s funds would probably be spent to pay for lawyers to defend Ms. W in her professional capacity. I am therefore very interested in diminishing grounds for later complaint. You and your son therefore expect to be asked to sign off on the many decisions to be made, including receipts for the stuff you are taking, inventories of stuff that goes to museums, and what might have value. (—-perhaps this is illegal without this step???—author)

My guess is that this process will take a full day, and I want that day to be completed no later than March 5.

Please consider, talk it over, and let me (or Lynn) know.

All this without allowing my Father to return home even for lunch, once. He survived dying of a broken heart after they took his wife (died after 7 days), removed him from his home, did not forward his phone number (49-years online), and placed him in a great assisted living place (which family approved),
quarantined him for 10 days due to flu epidemic in halls, and then gave him a mental test to
proclaim him incompetent. (They did not give him a physical when he moved in or even give him
one of the 20 pairs of reading glasses Ms. Smith had for him at home.) If you would like to see my comments
line-by-line on this hogwash, please reply and ask,  friends.  

Angel (brings in $520,000 per year) (charged $16,00 for 3 weeks work during which she ruined the lives of family members extracting lies and exaggerations out of “witnesses”.) Mystery G.A.L. #1

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