(Allegedly) Chicago Probate Courts Suck
Eggs & Other Cautionary Tales For Seniors
13 December 2012
By Jane Stillwater
Did you know that, legally, you can tell or write down
any damn lie that you please about anyone else on the
planet -- as long as you qualify it by saying or
writing the magic word "allegedly" just before you
start lying through your teeth? Apparently you can --
because the use of "allegedly" changes a statement of
fact into an opinion, and opinions do not have to be
proven because, "pure opinions, by their very nature,
cannot be proven true or false." Milkovich v. Lorain
Journal Co., 497 U.S. 1 (1990) http://www.splc.org/
knowyourrights/legalresearch.asp?id=27
And did you know that you can also say or write pretty
much any damn lie that you please in any court
document or in front of any judge in America as well
-- and not even have to use the word "allegedly"
either? And especially if you are a lawyer? Apparently
lawyers get to set their pants on fire in court even
more freely than the rest of us schmucks. http://www.lawyeringlaw.com/index.cfm?fuseaction=
pt.alert&url=/publications/detail.aspx?pub=547
I recently found this out the hard way when I filed a
libel suit in small claims court because the
defendants I was suing had (allegedly) lied their
pants off about me in a probate matter where money was
involved (and as we all know, where money is involved,
anything can happen -- and usually does).
The judge, however, then ruled against me -- even
though the defendants had clearly lied like rugs and I
could easily prove it. So why the adverse ruling?
Because apparently it is always okay to tell any kind
of whopper one pleases about anybody -- as long as
said whopper is written or spoken in court documents
or in front of a judge.
"You can say anything you want in a court document or
in front of me," said the judge, "due to what is
called the 'Litigation Privilege'." Never heard of it.
But obviously the defendants, one of whom was a
lawyer, were (allegedly) VERY familiar with the term.
But then, of course, (allegedly) mendacious defendants
then have to prove that what they say to a judge is
actually true -- in most courts. But (allegedly) you
can say anything that you want in a Chicago probate or
conservatorship court -- and not even have to prove
what you say is true. What's with that?
(Allegedly) the Chicago probate and conservatorship
system is set up so that if you might happen to see a
rich old lady walking down the street, you can follow
her home to get her 411, then go to court and tell the
judge that said rich old lady is incompetent, ask to
become her guardian, wait for her to die -- and then
spend her millions any way that you damn well please!
Or, in many cases, you don't even have to wait for her
to die. You can just dump her in some sleazy
flea-infested rest home and start living the Good Life
right now.
So why is this information about (allegedly) sleazy
probate courts in Chicago important to you and me too?
Here's why. We all are eventually going to die. Every
one of us dies. That's what all human being eventually
do. We die. And when that eventually happens to us
too, do we really want some (allegedly) corrupt
probate or conservatorship court to be the one
distributing our estate to whomever they please?
Hell no.
But it could happen. And it (allegedly) has already
happened to some nice little old lady in Chicago named
Mary Sykes http://marygsykes.com/. She was out bowling
one day with her youngest daughter and while she was
(allegedly) rolling strikes and splits, her elder
daughter went off to court, got an illegal
conservatorship order against Mary, drilled out her
safety deposit box illegally, made off with a whole
mail-sack full of Double Eagle gold coins and is now
living the good life while her mom is being forced to
choke down unneeded drugs to keep her sedated in some
God-awful rest home because her elder daughter has
also sold her house. https://docs.google.com/file/d/0B6FbJzwtHocwU2hVcXpRaWpoM0k/edit?pli=1
This could happen to you too.
Where money is involved, anything can happen.
And with all these millions of baby-boomers floating
around bowling alleys these days, it is definitely
time to tighten up America's probate and
conservatorship laws so that you and I don't end up
like Mary Sykes. Well, at least you. No worries for me
-- because while I do have several "unpredictable
relatives," I don't own a house or have a safety
deposit box.
PS: The Berkeley-Albany Bar Association just held
their latest MCLE seminar -- this time on the subject
of America's current marijuana laws. Did you know that
pot is legal 19 states right now? The Feds, however,
have completely ignored this current trend and have
been brutally cracking down on medical marijuana users
in the last two years -- and spending tons of billions
of dollars doing it too. Why all the crack-downs?
Because (allegedly) there are big bucks to be made if
you own a prison or work for the DEA.
"But," you might say, "what does all that have to do
with the elderly?" A lot.
Since senior citizens and retirees compose one of the
largest groups of legal medical cannabis users in
America today, and also compose one of the largest
groups living in subsidized housing, then as the Feds
enthusiastically pursue their current policy of
throwing legal medical cannabis users living in
subsidized housing out on the streets, there is going
to a LOT more poor sweet homeless elders hopelessly
shuffling around America's freeway-on-ramps, selling
oranges, begging for spare change and living in
cardboard boxes in their old age. Yuck!
PPS: Getting old and creaky in the knees is already
bad enough -- but to also face the added burden of
possibly being handed down a life sentence to some
old-folks-home-from-Hell and robbed blind by our very
own conservator and/or be thrown in jail by the local
Feds merely for seeking pain relief? We might as well
have lived fast and died young!
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