Sunday, 15 October 2017

Why is the Actual FACTS and Documentation not really a Factor in the Simon Bernstein Estate Case? Why is Robert Spallina and Donald Tescher NOT in Jail? Changes to a Trust? Deceased CLOSING estates? Judges who don't seem to care ???

FROM Donald Teschers filing to the Florida Bar AGAINST Robert Spallina. 

"Notwithstanding the foregoing, as I have adequately provided for them during my lifetime, for purposes of the dispositions made under this Trust, my children, TED S. BERNSTEIN ("TED") and PAMELA B. SIMON ("PAM'), and their respective lineal descendants shall be deemed to have predeceased the survivor of my spouse and me, provided, however, if my children, ELIOT BERNSTEIN, JILL IANTON and LISA S. FRIEDSTEIN, and their lineal descendants all predecease the survivor of my spouse and me, then TED and PAM, and their respective lineal descendants shall not be deemed to have predeceased me and shall be eligible beneficiaries for purposes of the dispositions made hereunder.

Source and FULL Bar Complaint Filing AGAINST Florida Estate Ex-Attorney Robert Spallina by Donald Tescher his former partner.  Why they are not BOTH in JAIL is beyond me.

"Simon Bernstein ("Simon") and Shirley Bernstein ("Shirley"), husband and wife,
were clients of Tescher & spallina, P.A. (the "Firm") and were the principal
responsibility of Spallina. On May 20, 2008, Simon and Shirley executed estate
planning documents (Wills and Revocable Trust Agreements) that were essentially
reciprocal in nature providing for sub-trust(s) for the surviving spouse with the
surviving spouse serving as trustee.

2.  Shirley died on December 8, 2010, and her estate is administered in Palm Beach
County, Florida (Estate of Shirley Bernstein, 15th Circuit Court, Case No.
502011CP000653XXXSB, Probate Division IY). Simon was the personal
representative of Shirley's estate and trustee of the Shirley Bernstein Trust
Agreement dated May 20, 2008 (the "Shirley Trust") and Trustee of the subsequent
continuing Family Trust for his benefit until his death on September 12, 2012.

3.   A First Amendment to the Shirley Trust ("First Amendment") was executed by
Shirley on November 18,2008. It is this document or its substitution that forms the
basis of this Complaint.

4.   Both the Simon Bernstein Trust Agreement dated May 20,2008 (the "Simon Trust")
and Shirley Trust contain a special definition of "children" and lienal descendants."
Their son, Ted Bernstein ("Ted"), and their daughter, Pamela Simon ("Pam"), and
their respective lineal descendants were deemed to have predeceased the survivor of

Simon and Shirley "for purposes of dispositions under this Trust." See Exhibits "A-

5.   Both the Simon Trust and the Shirley Trust contained a special power of appointment
over the sub trusts to permit a special power of appointment over the sub trusts to
permit the surviving spouse to change the distribution of the sub-trust assets among
Simon's and Shirley's lineal descendants.

6.   The First Amendment to Shirley's Trust, executed on November 18,2008, removed
a specific gift to Matthew Logan (Ted's step-son). An unexecuted copy of this
document is attached as Exhibit "B". It should be noted that after initial searches an
original executed document or copy of an executed document has not yet been
located. The only original executed First Amendment that has been located contains
a second change to Shirley's Trust removing the language, "and their respective
lineal descendants" from the definition paragraph referred to in number 4 above.
(Exhibit "C").

7.   At some time in the April-May 2012 time period it has been represented to me by
Spallina that a conference call was held with the participants including Simon, Ted,
Pam, Eliot Bernstein ("Eliot"), a son, Jill Iantoni ("Jill"), a daughter, Lisa Friedstein
("Lisa"), a daughter, and Spallina. During that call Simon advised all of his children
that he intended to leave the entire Bernstein estate in equal shares, in trust, for his
ten (10) grandchildren and that all of Simon's and Shirley's children were in

8.   Subsequent to the family conference call a new Will and Trust were prepared for
Simon and executed on July 25,2012. The Simon Bernstein Amended and Restated
Trust Agreement (the "Simon 2012 Trust") limited the definition of lineal
descendants to exclude his children but did not exclude any of the ten (10)
grandchildren so that as to Simon's estate, all grandchildren share equally in his
estate (Exhibit "D").

9.    The new will executed by Simons on July 25, 2012, (Exhibit "E") exercises his
power of appointment over the sub-trust(s) in Shirley's Trust in favor of his "then
living grandchildren" and to add those assets to the trusts created for his
grandchildren under the Simon 2012 Trust.

10.    Simon died on October 12, 2012, and his estate is currently being administered in
Palm Beach County, Florida, under Case No. 502012CP004391XXXXSB, Probate
Division DC Donald R. Tescher and Spallina were appointed the personal
representatives of the state of the successor trustees to Simon under the Simon 2012
Trust. Ted Bernstein was the designated successor personal representative of
Shirley's estate and successor trustee of the sub-trust(s) under the Shirley Trust.

11.    In January of 2013 a copy of the alleged fabricated First Amendment in the form
attached hereto as Exhibit "D" was provided by Spallina to Christine Yates, Esquire,
of Tripp Scott, P. A., as counsel to Simon's three (3) minor children. To the best of
my knowledge, there has been no other dissemination of this document other than it
appearing as an exhibit in an Emergency Petition to Freeze Estate Assets, Appoint
New Personal Representatives, Investigate Forged and Fraudulent Documents
Submitted to this Court and other Interested Parties, Rescind Signature of Eliot
Bernstein in Estate of Shirley Bernstein and More dated May 6,2013, filed by Eliot,
pro se. (the "Eliot Emergency Petition")

12. Although I do not have personal knowledge, I have seen photographs of my office
computer network screen that raise serious issues regarding when the alleged
fabricated First Amendment was prepared.

13. In connection with my self-reporting to The Florida Bar (Complaint No. 14-11693),
it may be alleged, although untrue, that I had knowledge of all of the events described
herein and/or that I breached my fiduciary duties as a co-personal representative and
co-trustee by not involving myself in this client matter."

Source and Full Document

Saturday, 7 October 2017

Guardianship Town Hall Meeting in West Palm Beach Florida on September 26 2017

Eliot Bernstein at 56 minutes advising victims of Court Corruption to file criminal complaints against Judges and Attorneys involved in Court Orchestrated Predatory Guardianship.

AAAPG PBC Town Hall September 26, 2017 moderated by Dr. Sam Sugar

Monday, 2 October 2017

Brian O'Connell Depositions in the Julian Bivins Florida Guardianship Case

Brian O'Connell Depositions in the Julian Bivins Florida Guardianship Case

209-1 - Brian O'Connell Deposition

362-18 - Brian O'Connell Deposition

362-20 - Brian O'Connell Deposition

316-1  Brian O'Connell Direct Examination

Click Below to Review Docket in

15-81298 - BIVINS V. ROGERS ET AL Click Below



"Guardians can sell the assets and control the lives of senior citizens without their consent—and reap a profit from it. By Rachel Aviv"

"Rudy chatted with the nurse in the kitchen for twenty minutes, joking about marriage and laundry, until there was a knock at the door. A stocky woman with shiny black hair introduced herself as April Parks, the owner of the company A Private Professional Guardian.

She was accompanied by three colleagues, who didn’t give their names. Parks told the Norths that she had an order from the Clark County Family Court to “remove” them from their home. She would be taking them to an assisted-living facility. “Go and gather your things,” she said.
Rennie began crying. “This is my home,” she said.

One of Parks’s colleagues said that if the Norths didn’t comply he would call the police. Rudy remembers thinking, You’re going to put my wife and me in jail for this? But he felt too confused to argue.

Parks drove a Pontiac G-6 convertible with a license plate that read “crtgrdn,” for “court guardian.” In the past twelve years, she had been a guardian for some four hundred wards of the court. Owing to age or disability, they had been deemed incompetent, a legal term that describes those who are unable to make reasoned choices about their lives or their property. 

As their guardian, Parks had the authority to manage their assets, and to choose where they lived, whom they associated with, and what medical treatment they received. They lost nearly all their civil rights.

Without realizing it, the Norths had become temporary wards of the court. Parks had filed an emergency ex-parte petition, which provides an exception to the rule that both parties must be notified of any argument before a judge. She had alleged that the Norths posed a “substantial risk for mismanagement of medications, financial loss and physical harm.” She submitted a brief letter from a physician’s assistant, whom Rennie had seen once, stating that “the patient’s husband can no longer effectively take care of the patient at home as his dementia is progressing.” She also submitted a letter from one of Rudy’s doctors, who described him as “confused and agitated.”

Rudy and Rennie had not undergone any cognitive assessments. They had never received a diagnosis of dementia. In addition to Freud, Rudy was working his way through Nietzsche and Plato. Rennie read romance novels.
Parks told the Norths that if they didn’t come willingly an ambulance would take them to the facility, a place she described as a “respite.” Still crying, Rennie put cosmetics and some clothes into a suitcase. She packed so quickly that she forgot her cell phone and Rudy’s hearing aid. After thirty-five minutes, Parks’s assistant led the Norths to her car. When a neighbor asked what was happening, Rudy told him, “We’ll just be gone for a little bit.” He was too proud to draw attention to their predicament. “Just think of it as a mini-vacation,” he told Rennie.

After the Norths left, Parks walked through the house with Cindy Breck, the owner of Caring Transitions, a company that relocates seniors and sells their belongings at estate sales. Breck and Parks had a routine. “We open drawers,” Parks said at a deposition. “We look in closets. We pull out boxes, anything that would store—that would keep paperwork, would keep valuables.” She took a pocket watch, birth certificates, insurance policies, and several collectible coins.

The Norths’ daughter, Julie Belshe, came to visit later that afternoon. A fifty-three-year-old mother of three sons, she and her husband run a small business designing and constructing pools. She lived ten miles away and visited her parents nearly every day, often taking them to her youngest son’s football games. She was her parents’ only living child; her brother and sister had died.

She knocked on the front door several times and then tried to push the door open, but it was locked. She was surprised to see the kitchen window closed; her parents always left it slightly open. She drove to the Sun City Aliante clubhouse, where her parents sometimes drank coffee. When she couldn’t find them there, she thought that perhaps they had gone on an errand together—the farthest they usually drove was to Costco. But, when she returned to the house, it was still empty.
That weekend, she called her parents several times.

She also called two hospitals to see if they had been in an accident. She called their landlord, too, and he agreed to visit the house. He reported that there were no signs of them. She told her husband, “I think someone kidnapped my parents.”

On the Tuesday after Labor Day, she drove to the house again and found a note taped to the door: “In case of emergency, contact guardian April Parks.” Belshe dialled the number. Parks, who had a brisk, girlish way of speaking, told Belshe that her parents had been taken to Lakeview Terrace, an assisted-living facility in Boulder City, nine miles from the Arizona border. She assured Belshe that the staff there would take care of all their needs.

“You can’t just walk into somebody’s home and take them!” Belshe told her.
Parks responded calmly, “It’s legal. It’s legal.”

Guardianship derives from the state’s parens patriae power, its duty to act as a parent for those considered too vulnerable to care for themselves.“ The King shall have the custody of the lands of natural fools, taking the profits of them without waste or destruction, and shall find them their necessaries,” reads the English statute De Prerogative Regis, from 1324. The law was imported to the colonies—guardianship is still controlled by state, not federal, law—and has remained largely intact for the past eight hundred years. It establishes a relationship between ward and guardian that is rooted in trust.

In the United States, a million and a half adults are under the care of guardians, either family members or professionals, who control some two hundred and seventy-three billion dollars in assets, according to an auditor for the guardianship fraud program in Palm Beach County.

Little is known about the outcome of these arrangements, because states do not keep complete figures on guardianship cases—statutes vary widely—and, in most jurisdictions, the court records are sealed.

A Government Accountability report from 2010 said, “We could not locate a single Web site, federal agency, state or local entity, or any other organization that compiles comprehensive information on this issue.”

A study published this year by the American Bar Association found that “an unknown number of adults languish under guardianship” when they no longer need it, or never did. The authors wrote that “guardianship is generally “permanent, leaving no way out—‘until death do us part.’ ”

When the Norths were removed from their home, they joined nearly nine thousand adult wards in the Las Vegas Valley. In the past twenty years, the city has promoted itself as a retirement paradise. Attracted by the state’s low taxes and a dry, sunny climate, elderly people leave their families behind to resettle in newly constructed senior communities. “The whole town sparkled, pulling older people in with the prospect of the American Dream at a reasonable price,” a former real-estate agent named Terry Williams told me. Roughly thirty per cent of the people who move to Las Vegas are senior citizens, and the number of Nevadans older than eighty-five has risen by nearly eighty per cent in the past decade.

In Nevada, as in many states, anyone can become a guardian by taking a course, as long as he or she has not been convicted of a felony or recently declared bankruptcy. Elizabeth Brickfield, a Las Vegas lawyer who has worked in guardianship law for twenty years, said that about fifteen years ago, as the state’s elderly population swelled, “all these private guardians started arriving, and the docket exploded. The court became a factory.”

Pamela Teaster, the director of the Center for Gerontology at Virginia Tech and one of the few scholars in the country who study guardianship, told me that, though most guardians assume their duties for good reasons, the guardianship system is “a morass, a total mess.” She said, “It is unconscionable that we don’t have any data, when you think about the vast power given to a guardian. It is one of society’s most drastic interventions.”

After talking to Parks, Belshe drove forty miles to Lakeview Terrace, a complex of stucco buildings designed to look like a hacienda. She found her parents in a small room with a kitchenette and a window overlooking the parking lot. Rennie was in a wheelchair beside the bed, and Rudy was curled up on a love seat in the fetal position. There was no phone in the room. Medical-alert buttons were strung around their necks. “They were like two lost children,” Belshe said.

She asked her parents who Parks was and where she could find the court order, but, she said, “they were overwhelmed and humiliated, and they didn’t know what was going on.” They had no idea how or why Parks had targeted them as wards. Belshe was struck by their passive acceptance. “It was like they had Stockholm syndrome or something,” she told me.

Belshe acknowledged that her parents needed a few hours of help each day, but she had never questioned their ability to live alone. “They always kept their house really nice and clean, like a museum,” she said. Although Rudy’s medical records showed that he occasionally had “staring spells,” all his medical-progress notes from 2013 described him as alert and oriented. He did most of the couple’s cooking and shopping, because Rennie, though lucid, was in so much pain that she rarely left the house. Belshe sometimes worried that her father inadvertently encouraged her mother to be docile: “She’s a very smart woman, though she sometimes acts like she’s not. I have to tell her, ‘That’s not cute, Mom.’ ”

When Belshe called Parks to ask for the court order, Parks told her that she was part of the “sandwich generation,” and that it would be too overwhelming for her to continue to care for her children and her parents at the same time. Parks billed her wards’ estates for each hour that she spent on their case; the court placed no limits on guardians’ fees, as long as they appeared “reasonable.” Later, when Belshe called again to express her anger, Parks charged the Norths twenty-four dollars for the eight-minute conversation. “I could not understand what the purpose of the call was other than she wanted me to know they had rights,” Parks wrote in a detailed invoice. “I terminated the phone call as she was very hostile and angry.”

A month after removing the Norths from their house, Parks petitioned to make the guardianship permanent. She was represented by an attorney who was paid four hundred dollars an hour by the Norths’ estate. A hearing was held at Clark County Family Court.
The Clark County guardianship commissioner, a lawyer named Jon Norheim, has presided over nearly all the guardianship cases in the county since 2005. He works under the supervision of a judge, but his orders have the weight of a formal ruling.

Norheim awarded a guardianship to Parks, on average, nearly once a week. She had up to a hundred wards at a time. “I love April Parks,” he said at one hearing, describing her and two other professional guardians, who frequently appeared in his courtroom, as “wonderful, good-hearted, social-worker types.”

Norheim’s court perpetuated a cold, unsentimental view of family relations: the ingredients for a good life seemed to have little to do with one’s children and siblings. He often dismissed the objections of relatives, telling them that his only concern was the best interest of the wards, which he seemed to view in a social vacuum. When siblings fought over who would be guardian, Norheim typically ordered a neutral professional to assume control, even when this isolated the wards from their families.

Rudy had assured Belshe that he would protest the guardianship, but, like most wards in the country, Rudy and Rennie were not represented by counsel. As Rudy stood before the commissioner, he convinced himself that guardianship offered him and Rennie a lifetime of care without being a burden to anyone they loved. He told Norheim, “The issue really is her longevity—what suits her.” Belshe, who sat in the courtroom, said, “I was shaking my head. No, no, no—don’t do that!” Rennie was silent.

Norheim ordered that the Norths become permanent wards of the court. “Chances are, I’ll probably never see you folks again; you’ll work everything out,” he said, laughing. “I very rarely see people after the initial time in court.” The hearing lasted ten minutes.

The following month, Even Tide Life Transitions, a company that Parks often hired, sold most of the Norths’ belongings. “The general condition of this inventory is good,” an appraiser wrote. Two lithographs by Renoir were priced at thirty-eight hundred dollars, and a glass cocktail table (“Client states that it is a Brancusi design”) was twelve hundred and fifty dollars.

The Norths also had several pastel drawings by their son, Randy, who died in a motorcycle accident at the age of thirty-two, as well as Kachina dolls, a Bose radio, a Dyson vacuum cleaner, a Peruvian tapestry, a motion-step exerciser, a LeRoy Neiman sketch of a bar in Dublin, and two dozen pairs of Clarke shoes. According to Parks’s calculations, the Norths had roughly fifty thousand dollars.

Parks transferred their savings, held 
at the Bank of America, to an account in her name.

Rennie repeatedly asked for her son’s drawings, and for the family photographs on her refrigerator. Rudy pined for his car, a midnight-blue 2010 Chrysler, which came to symbolize the life he had lost. He missed the routine interactions that driving had allowed him. “Everybody at the pharmacy was my buddy,” he said. Now he and Rennie felt like exiles. Rudy said, “They kept telling me, ‘Oh, you don’t have to worry: your car is fine, and this and that.’ ” A month later, he said, “they finally told me, ‘Actually, we sold your car.’ I said, ‘What in the hell did you sell it for?’ ” It was bought for less than eight thousand dollars, a price that Rudy considered insulting.

Rudy lingered in the dining room after eating breakfast each morning, chatting with other residents of Lakeview Terrace. He soon discovered that ten other wards of April Parks lived there. His next-door neighbor, Adolfo Gonzalez, a short, bald seventy-one-year-old who had worked as a maĆ®tre d’ at the MGM Grand Las Vegas, had become Parks’s ward at a hearing that lasted a minute and thirty-one seconds.

Gonzalez, who had roughly three hundred and fifty thousand dollars in assets, urged Rudy not to accept the nurse’s medications. “If you take the pills, they’ll make sure you don’t make it to court,” he said. Gonzalez had been prescribed the antipsychotic medications Risperdal and Depakote, which he hid in the side of his mouth without swallowing. He wanted to remain vigilant. He often spoke of a Salvador Dali painting that had been lost when Parks took over his life. Once, she charged him two hundred and ten dollars for a visit in which, according to her invoice, he expressed that “he feels like a prisoner.”

Rudy was so distressed by his conversations with Gonzalez that he asked to see a psychologist. “I thought maybe he’d give me some sort of objective learning as to what I was going through,” he said. “I wanted to ask basic questions, like What the hell is going on?” Rudy didn’t find the session illuminating, but he felt a little boost to his self-esteem when the psychologist asked that he return for a second appointment. “I guess he found me terribly charming,” he told me.

Rudy liked to fantasize about an alternative life as a psychoanalyst, and he tried to befriend the wards who seemed especially hopeless. “Loneliness is a physical pain that hurts all over,” he wrote in his notebook. He bought a pharmaceutical encyclopedia and advised the other wards about medications they’d been prescribed. He also ran for president of the residents, promising that under his leadership the kitchen would no longer advertise canned food as homemade. (He lost—he’s not sure if anyone besides Rennie voted for him—but he did win a seat on the residents’ council.)

He was particularly concerned about a ward of Parks’s named Marlene Homer, a seventy-year-old woman who had been a professor. “Now she was almost hiding behind the pillars,” Rudy said. “She was so obsequious. She was, like, ‘Run me over. Run me over.’ ” She’d become a ward in 2012, after Parks told the court, “She has admitted to strange thoughts, depression, and doing things she can’t explain.” On a certificate submitted to the court, an internist had checked a box indicating that Homer was “unable to attend the guardianship court hearing because______,” but he didn’t fill in a reason.

The Norths could guess which residents were Parks’s wards by the way they were dressed. Gonzalez wore the same shirt to dinner nearly every day. “Forgive me,” he told the others at his table. When a friend tried to take him shopping, Parks prevented the excursion because she didn’t know the friend. Rennie had also tried to get more clothes. “I reminded ward that she has plenty of clothing in her closet,” Parks wrote. “I let her know that they are on a tight budget.” The Norths’ estate was charged a hundred and eighty dollars for the conversation."

Source and Full Article

Sunday, 1 October 2017

"Guardianship reform advocates look to police for help" Article Comment Seeking Authorities to Hold Judges, Guardians and Attorneys Accountable.

Read the Article at Link Below
Guardianship reform advocates look to police for help

"Post a comment demanding that Criminal Authorities make arrests of the guardians and judges and investigate this horror of a court system ion FL.

TO CS1212 Boca Raton AKA Florida Bar Member,

It is funny you attack the messengers Dr. Sugar and John Pacenti when the facts of the matter are clear court corruption in S. Florida is booming and is unchecked as attorneys and judges appear above the law and protected by state law enforcement.

Take for example the hundreds of judges and attorneys who participated in robosigning AKA Bank Fraud, Mortgage Fraud, Forgery, Fraudulent Notarization and more and not a one was arrested and jailed while millions were thrown on the street and their houses repurchased by the very parties who orchestrated the frauds.

I have to give the Florida Bar and Judicial Qualifications Mob Unions credit for protecting their members and ask, where oh where are state criminal authorities to make arrests???

The same goes for the court regulated guardianship probate courts, another Multi-Trillion dollar lucrative racket orchestrated by our trusted public officials where no protections are afforded to the victims of these crimes and the victims complaints against judges and lawyers again falls on deaf ears. If there were no problems here why are legislative changes being enacted to try and change the current system to protect victims nationwide?

However if the people who are charged with enforcing the current laws are the ones breaking them without fear of prosecution they will break the new ones as well. 

Where is our Chief Judge Jorge Labarga to assure the public of the great job being done in the courts he oversights, including addressing his pal who he mentored Judge Martin Colin, who took early retirement after the post exposed him and his wife Elizabeth Savitt of running a guardianship scam with Judge David French and others and who then recused Sua Sponte off over 120 cases?

Now if there were no problems why did one of the biggest probate/guardian fraudsters Brian O’Connell and his lacky partner Ashley Crispin just get hammered with a 16M verdict in the Olliver Bivins case in W. Palm Beach Federal Court for breaches of fiduciary duties and fraud?

Or why in Texas was a landmark 4 BILLION jury award landed against JP Morgan for similar breaches of fiduciary duties in a multimillion dollar estate case? Times are a changin and it is apparent you my anonymous coward of a friend who is afraid to state your name must be growing fearful of the change and the call for the Feds and for law enforcement to start making arrests of this criminal underbelly of our court system.

In my family’s estate I did file criminal complaints against attorneys Robert Spallina and Donald Tescher and others, which led to admissions under oath and to the Palm Beach County Sheriff by Spallina of the fact that their law firm committed FELONY FRAUD AND FORGERY and FRAUD UPON THE COURT in yet another Colin orchestrated court scheme. One employee of the now defunct firm Tescher & Spallina PA was arrested for fraudulent notarization and admitted to forging six parties names on documents submitted to the court, including post mortem forgeries of my father’s name. Spallina on the stand in a Dec 15, 2015 hearing admitted he fraudulently altered my mother’s trust to change beneficiaries to benefit himself and others who retained him while acting as executor.

There are 10’s of millions missing and once Spallina and Tescher resigned amidst their admissions to PBSO that they had committed fraud and fraud on the court, Colin allowed in to replace them O’Connell and Crispin and the law firm Ciklin Lubitz Martens & O'Connell and you may recall the firm lead name partner Boose who was sent to prison several years ago in another legal fraud scheme he was involved in. Spallina and Tescher were then arrested in a non related case to mine for Insider Trading by the SEC and Spallina pled to a felony count and both of them signed consents to settle the matters.

In my case when we started having arrests and questioning of the lawyers and filed criminal complaints against the judges the retaliation from the courts was swift and severe against me. To shut down my due process rights they put Guardian Ad Litem’s on my children to silence their rights and even put a minor guardianship on my adult son with no competency hearing or other legal processes required and when one turned 18 they would not and have not released him or his brother or their assets and the guardian, former defrocked judge Diana Lewis refuses to let them out.

To silence me, once Colin recused Sua Sponte from all of my family’s cases, one day after denying a mandatory disqualification against himself (he then resigned and took early retirement as the Post stories exposed him and his wife Savitt) , they brought in the “Cleaner” Judge John Phillips, a real piece of criminal cloaked as a judge, who after three years of the cases suddenly held sham hearings and determined I was not a beneficiary of my parents estates and trusts despite the fact that I am a named beneficiary in all of the documents.

This denial of my rights to inheritancy and due process allowed Phillips et al to then start selling off assets with no one to stop or oppose them in efforts to bury the cases and cease the exposure and investigations.

They even sold my parents’ house that my father had listed for approx. 4 Million in Saint Andrews Country Club for 1M to President Donald Trump’s friend, Mitchell Huhem, who days after moving in was found with his head blown off by a shotgun blast to the head and the Sheriff ruled a suicide almost instantly with no proper investigation to the dismay of his family who claimed he was not even close to suicidal he was a motivational speaker.

Yet despite admissions from attorneys of forgery of trust documents and other crimes not one has been arrested and the Sheriff appears to be aiding and abetting the crimes not investigating the judges and lawyers they protect.

Florida needs a Federal monitor over its courts and the Palm Beach County Sheriff and arrests need to be made of these criminals disguised as Judges and Lawyers who are robbing and killing Florida Residents to steal their assets with impunity as if above the law in the Family/Probate/Guardian courts.

The fact that the courts realized that Colin, French and Savitt were running a conflict laden scheme to rob wards of their assets and then moved them around the court system and let Colin take early retirement is acknowledgment of the crimes but with no prosecutions from the self unregulated bar association and judicial qualifications commission, again this is very similar to the fact that no lawyers and judges were arrested for “Robosigning” in Foreclosure cases despite the fact that robosigning entailed Fraud on the Courts, Fraud on the Victims, Mortgage and Bank Fraud, Forgery and Fraudulent Notarizations and not a one arrested and they were still able to snap up the homes they foreclosed on. "

Source, Article Comment

More On South Florida Corruption, Predatory Guardianship, Guardianship Abuse, Corrupt and overreaching Judges and Attorneys and lot's more.

Estate of Simon Bernstein, Estate of Shirley Bernstein


Saturday, 30 September 2017

A recent case out of Florida’s Fourth District Court of Appeal has far-reaching ramifications when it comes to both the disposition of a deceased ward’s assets and enforcement of settlement agreements in contested guardianship cases. " Julian Bivins

"The Court in Bivins v. Guardianship of Bivins, No. 4D16-234 (Fla. Dist. Ct. App. May 10, 2017), analyzed two issues on appeal.

The first  issue was whether a trial court  must enforce a settlement agreement concerning the assets of an incompetent ward where the guardian retained some assets to pay guardianship expenses, contrary to the express language of the settlement agreement. The second issue was whether, upon the death of a ward, a guardian may retain part of a deceased ward’s assets to pay for present and future guardianship expenses.

When it came to the first issue, the Court fell back on long-standing precedent that settlement agreements are highly favored and a court will not modify the terms of the agreement when the contractual language is clear. The Bivins case dealt with a settlement agreement concerning the sale of the ward’s real property in New York City.

Pursuant to the settlement agreement, the ward’s child, Julian Bivins, could purchase the real property under several stringent time constraints. Upon the ward’s death, Julian became the temporary administrator of the ward’s estate and requested a final report from the guardian.

It was then that Julian learned that a large amount of the ward’s assets were being held back by the guardian for guardianship expenses. Julian also argued that other monies in possession of the guardian and his attorney should be transferred to the deceased ward’s estate.

The guardian argued that because Julian had filed various lawsuits against him and his attorneys after the ward had died, the monies were necessary to pay for the guardian’s expenses and fees. The Court ruled that the settlement agreement was clear and, although the agreement stated that proceeds from the sale of the New York property were to pay the law firm’s prior legal fees, nothing in the agreement provided that the law firm could hold any of the proceeds in escrow.

When it came to the second issue, Julian argued that since the ward had died, the ward’s estate should take control of the word’s property pursuant to section 733.607(1), Florida Statutes. The Court analyzed this issue by looking to 744.108(1), Florida Statues, which states that a guardian “is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.” Further, when a guardian seeks discharge, “the guardian applying for discharge may retain from the funds in his or her possession a sufficient amount to pay the final costs of administration, including guardian and attorney’s fees regardless of the death of the ward, accruing between the filing of his or her final returns and the order of discharge.” The Court used the reasoning that the death of a ward does not terminate the guardian’s access to the ward’s property. The guardian must continue the administration until a petition for discharge is granted and his or her final accounting is approved.

Therefore, Florida law contemplates that a guardian will perform services and be able to access the guardianship estate even after the death of the ward. This applies to not only past and current guardianship expenses, but future expenses. The Court cited language in 744.527(2), Florida Statutes, which provides that the guardianship may retain funds to pay for fees accruing between the filing of his or her final returns and the order of discharge. In this way, the statute contemplates that a guardian will perform services after the death of the ward.

The takeaway from this case is that a guardian may retain funds to pay for future fees and costs that accrued during the process of winding up the guardianship estate. Therefore, a guardian can expect to seek payment for past, present and future costs associated with the guardianship case, up through and including the filing of a final report and receiving an order of discharge.

Written by Chris Pavlidis, Esq.

Attorney at Gilbert Garcia Group, P.A. "


15-81298 - BIVINS V. ROGERS ET AL Click Below