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Posts Tagged ‘fee restructure’

Probate Court: The Largest Business in the World – by Danny Tate on November 3, 2011 *AND* General Pricing Problems with the 1% Oriented, 99% Neglecting Legal System and a ‘Salary Based Charges’ Solution – 6th March 2012 by – by @AgreeToDisagree

In 1% tricks and traps, 99%, bad laws, best practices, checks and balances, Equitable Distribution, equitable political power distribution, equitable wealth distribution, Invasive Laws, neutral spaces, opaque system, preventing vested interest, Socialism, spirit of the law, too damn high, unreasonable fines, vested interest, Wealth distribution on January 17, 2012 at 8:11 am
ARTICLE 1
The deepest, darkest, dirtiest, yet wealthiest secret of our government. Consider this, the probate court is the largest business in the world, for through its portals pass the entire wealth of the world, sooner or later. Now, pay close attention: In this post, I will mathematically prove this allegation. Though this well-kept secret does not appear in the Fortune 500’s list, the probate court trumps them all, including Wal-Mart, Wall Street, Bill Gates, Warren Buffet. These businesses and individuals are all dwarves compared to the probate court. Follow carefully, for this will help the reader understand and comprehend the magnitude of the “business of the court”, specifically the probate court. Now, before I lay out a hypothetical (ball-park) figure of the gross annual income of the probate court, you must understand that the probate court is the most unaccounted for court; for there is typically no jury, no oversight and a judge vested with an authority that is typically void of credibility to adjudicate the matters before their court. If they are not in possession of mathematical credentials and certification that surpass those of its practitioners, then what credentials must they possess to be qualified for the probate bench?
A superior knowledge of the law should be a given. Yet, with factoring in an almost unaccounted for court overseeing the largest business in the world, it invites corruption, and a subversion of the law becomes a rule as opposed to the exception. Let me interject here that in Davidson County, TN, where the 7th Circuit Court’s bench is occupied by a man who, from inside information, graduated in the lower half of his class from Nashville School of Law, Judge Randy Kennedy is not a scholar, but a politician, and this further invites and suggests lack of interest in the citizenry and favor towards its practitioners and all state agencies that do business in the court, including our Attorney General, Robert E. Cooper, Jr. (we will present evidence in a future post that puts Cooper and Kennedy “in bed” together, thus no accountability from our highest state law enforcement public servant). Judge Jim Everett, two probate judges back, committed suicide in the home of notorious organized corruption king-pin Jimmy Lewis’ home, when the TBI (Tennessee Bureau of Investigation) initiated investigations into his actions that are insignificant compared to the corruption Judge Randy Kennedy facilitates and cooperates in routinely. Judge Kennedy is tied directly to Jimmy Lewis, as is Paul Housch, Adam Dread, all one-time attorneys for Jimmy Lewis. There are other probate practitioners attached to this world of organized corruption. Judge Jim Everett Suicide–Nashville Scene, January 18, 1996 http://www.nashvillescene.com/nashville/desperately-seeking-the-news/Content?oid=1180198
Now I present the mathematical equation that represents the probate court as being the largest business in the world: In a discussion with respected journalist and probate blogger, Lou Ann Anderson, she represented the amount of money that passes through one probate court in Houston, TX, a county that has THREE probate courts, and this is from just ONE of those courts in one county. Lou Ann Anderson’s’ testimonial must start with her involuntarily thrust into the probate hell: “At a point, I traded in the PTO and Junior League for political activism and a‘concealed carry’ license. Who knew that EstateofDenial.com and learning more about quiet, stodgy, seemingly boring probate venues would expose a corrupt system of which the American public is largely unaware despite it posing a growing, unbridled threat to both their individual liberties and property rights.” She reports from Estate of Denial: In October 2006, Harris County (Houston) Probate Judge Mike Wood – a controversial figure in his own right – testified before the Texas Senate Committee on Jurisprudence and offered interesting insight to the “probate business.” He told of a 1995 analysis indicating that assets and inventories filed for his approval (and not necessarily including all independently administered estate assets which also he supervises) were approximately $750 million per quarter.
He said the $3 billion annual figure held true five years later. While this court was described as “probably one of the busiest probate courts in the nation,” that still is a staggering number and to extrapolate even a far-diminished dollar amount to the massive number of probate courts throughout this country helps illustrate the wealth controlled by this venue. Now, consider that Judge Randy Kennedy brags often of his court having “more conservatorships than any probate court in the state”, while Shelby County has a population of 1 million, far more populated than Davidson County. This approximate calculation of the wealth of the probate court was presented last year at Impeach Randy Kennedy, but in the light of recent activity, it’s important to bring this issue back up. Let’s assume every county has one probate court, though the county referred to in Estate of Denial has three probate courts. One probate court, our of three, does 3 billion/year in this county, so we’ll underestimate in our hypotheses.
According to Wikipedia, here’s the definition of a “county”, though they may have a different title in different states such as Louisiana and Alaska: http://en.wikipedia.org/wiki/County_(United_States) In the United States, a county is a geographic subdivision of a state (or federal territory), usually assigned some governmental authority. The term “county” is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs.[1] Parishes and boroughs are called “county-equivalents” by the U.S. Federal Government, as are certain independent cities which are not parts of counties. There are currently 3,143 counties and county-equivalents in the United States; 3,141 according to Wolfram|Alpha knowledge base, 2011. Now, if one of three courts has a gross annual income of 3 Billion, that would suggest 9 Billion in one county annually, and these figures come from 1995. Now, let’s multiply that times 3,143 counties or “county-equivalents“. This would gross 28,287,000,000,000.00. Let me simplify by letting you know this figure is well in excess of $28 TRILLION dollars.
This figure dwarfs the GDP (Gross Domestic Product) $14.582 Trillion http://www.google.com/publicdata/explore?ds=d5bncppjof8f9_&met_y=ny_gdp_mktp_cd&idim=country%3AUSA&dl=en&hl=en&q=gross+domestic+product Not to mention the USA National Debt which exceeds $14 Trillion: http://www.usdebtclock.org/ According to this “ball-park” calculation based on numbers presented from one probate court in 1995, the gross annual income of the probate court equals the US National Debt and the Gross Domestic Product combined, approximately $28 Trillion. I believe we can assume this is a modest calculation, understating the fact. Based upon this calculation, the probate court is not only the largest business in the United States, but this would probably hold true for any country in the world that uses the probate court to liquidate and divide the wealth of their nation. Again, all the wealth of the world passes through probate, in a court virtually unaccounted for, benched by judges who are not certified accountants (typically), all bills are paid by the court, all attorneys are paid by the court, and the matters of the state in estate matters are adjudicated in the probate court. Reader, are you grasping what this is telegraphing loud and clear?
Do you think the “powers that be” are going to let go of these purse strings without slinging mud, ruining lives and protecting themselves by “hook or crook”? You are a fool, or just indifferent, if you think otherwise. The probate court is the deep, dark, dirty secret of, not only our legal system, but our entire government, for in this unaccounted for court, passes the wealth of the world, houses the largest business in the world, and it can surely, and more often than not, invite corruption. How can this “business of the court” be wrangled into accountability? In my experience, here are the options: In Tennessee, apparently here is no hope for reform on a local or state level, for the agencies charged with investigating crimes are not inclined to take on the largest business in the world. Legislators are not going to bite the hand that feeds them. The Court of the Judiciary is not going to charge a judge for judicial misconduct when they’ve committed the same misconduct. Former Tennessee Governor Bredesen (refer to previous post) appointed Judge Randy Kennedy to run Davidson County’s largest business, so that suggests he might be in on the business of the court. Attorney General Robert E. Cooper does business in Judge Randy Kennedy’s Court (and they’ve got some side business we will reveal upcoming). Is there federal intervention that would save us from on high? I’m in Washington DC as I write, seeking federal intervention from the lack of integrity on a local and state level in Tennessee, but it’s hard for me to imagine that the feds are going to “bite the hand that feeds them”, though there has been traction here and I will return with a greater confidence that justice will be served.
With the constant bickering between the right and the left (hegelian dialectic), which is nothing but an instrument to distract “we, the people”, from all internal atrocities, and from the fact the probate court is looting our estates before we are in the grave, my case being a prime example, “Court-Ordered Hell” , the only reasonable conclusion might be that we must overtake our government, for the voice of “we, the people” is not represented at any level, state or federal, and this MUST be of “grave” concern (pun intended). The probate purse strings will not be let go of without a fight. And the probate practitioners are the bottom feeders of the legal system, right behind ambulance chasers. These are the culprits stealing our money.
WAKE UP!!! You do not want to wake up one day in this “court-ordered hell”, brought on by a protected, illegal, yet sanctioned ambush. Our Constitution provides the right to raise a militia, used to rise up against tyranny, perfectly represented in the probate courts of America. It is truly taxation without representation, for once you are in probate, you ARE NOT represented, for all attorneys are on the probate gravy train, having their outrageous and exaggerated fees paid by the probate court, not by the client. Are you following this line of reasoning? It may require a coup, a rising up of the patriotic spirit this nation was born from, “Don’t tread on me” “Give me liberty or give me death”. In closing, the entire legal and political system has kept us in the dark as to the largest business in the world, the probate court, and in order for us to take back the power and take control of this probate industry that our leaders have not, and apparently will not, protect us from, it obviously will and must require extreme measures, by any means necessary. I, for one, am ready to lead the charge. Who will follow? Are you an American of the patriotic spirit, or have you sold your soul to the era of thievery and greed spawned by our own “trusted” servants? Not me, not now, not ever. You can sit on the sidelines and be a spectator, but that will not do, not now, not at this point in time in American history. Now is the hour of truth.
I challenge you to rise up and exercise your Constitutional Rights, and lets strip our government of the tyranny that has taken over. Probate courts are Taxation Without Representation, the very movement that birthed our nation. Who will follow? As Jack Nicholson’s character stated as the theme in: “One Flew Over the Cuckoo’s Nest”, ”At least I tried…” Here is our alter call. Who will rededicate their lives to the salvation of our individual liberties: “Where Have the Rebels All Gone” by: danny tate and john brannen (c) 1985 “Come on all you saints and sinners, refugees of life, Is there one among you with the heart to stand alone and fight Is there anyone in this land who isn’t tired and old I’m just looking for one misfit with a motorcycle soul Restless winds are blowing in the streets Who will rise above this crowd and challenge destiny….” While there is breath in me, I will fight for my individual liberties, which was paramount as our forefathers authored the Constitution. Stand with me, stand beside me, and let’s rise up against tyranny within our own land. Keep the faith….
[[[ *** RESPONSE *** ]]]
We, especially the general non-legal trained public, not qualified or aware enough over here and in MANY countries. Could a DVD investigating every individual process of the Probate Courts exposing abuses of the same, perhaps based around the events of a single or number of *relevant* and *interesting* cases be produced by a team of lawyers and then send around the world to ALL legal establishments in hopes of reaching reform minded people in the Legal profession who could be associated with in a ‘Ethical Legal Professionals Worldwide’ kind of INGO? It seems that legal professionals need to be reminded of their obligation to the public and be reminded that they do not serve the corrupt governments of the day where viably considered corrupt.
Finally (for now), I’d say that the fining system as well as taxation systems, legal fees applicable need to be matched to the earnings and assets of all offenders and taxpayers. Many a time for the poorer, fines and taxes, also legal fees (effectively making access to legal services impossible) easily eat up more than a week’s or month’s or few months wages. Lawyers should be obligated to charge fees matched to the earnings and assets of ALL citizens and not be picky about what clients they serve. Yes SERVE. The legal system and legal professional serve the public, but not more often than not, they merely are overgrown parasites or worse, colluders with governments of the day. Please put a section on the DVD as well on equitable charges which should not be more than a few percent of any and all salaries, or property value. Keep up the expositions !
ARTICLE 2
General Pricing Problems with the 1% Oriented, 99% Neglecting Legal System and a ‘Salary Based Charges’ Solution – by @AgreeToDisagree – 7th March 2012

Take for example, the issue of an Living Will, and the requirements of stamp fees, and then access to the lower earning classes in the event of disputes between owners and beneficiaries. The costs of a ‘Chartered Accountant’ are well beyond the almost non-existent savings levels especially of the lower amd middle wealth persons so the concept of ‘Trust Deed’ is beyond almost all 99%ters. Ask how many low income people if they can afford to even spend 500 on legal fees for any purpose then ask if they can save 500 a year to begin with. 1% will be quite likely. People hardly can save anything, meanmwhile the Chartered Accountant and Lawyer have massive incomes not commensurate with Middle class professions such fields represent. Price controls hence sghould be considered as follows in the below paragraphs.

As mentioned earlier in the response to above article (Probate Court: The Largest Business in the World – by Danny Tate on November 3, 2011 – Judge Randy Kennedy https://malaysiandemocracy.wordpress.com/2012/01/17/probate-court-the-largest-business-in-the-world-by-danny-tate-on-november-3-2011-judge-randy-kennedy/) , a lawyer is supposed to render a service of legal services to ALL people regardless of wealth level, and should only be allowed to charge what any and all citizens can afford – which is preferably no more than 10% of the yearly salary of the person, because that represents the entire savings capacity of most people in the lower and middle classes.

By allowed fixed prices, which are not necessarily affordable to too many lower earnings level citizens, legal services tend to impoverish the citizens and little is done by the legislators in terms of price controls.

If a legal fee that has recurrent levies reaches 10% of the yearly salary of the person, the case/service attending lawyer should not be allowed to charge any more until that case or legal service is completed. Why? As such levels of legal fees entirely take away all possibility of savings for that person for that year already (consider that *ONLY* 50 ITEMS of legal services could be done by ANY person during their lifetime, as per the 50 years of active life and active earning is also 50 years typically.

How can this be tenable? This means that professional fees of lawyers sequester away entire salaries of virtually ALL lower earning classes and far too much of middle earning classes which make up easil more than 50% of the population. A lawyer must at least not charge anything more than that 10% yearly salary limit until that year has passed. If a person had done 1 item of legal service per year (not unreasonable), they would have no savings at all, and would mean being dependant on the welfare system.

In fact in the event that a second or third or more legal services are required after the 10% yearly salary expenditure had been spent, the same person should be granted FREE ACCESS to legal services – people do not enjoy wasting time on legal services, though red tape is of course rather extreme as well, penalties for all kinds of inconsequential issues considered offenses or the unecessary need of lawyers in too many aspecst of lives (i.e. stamping and witnessing of many documents could be done at ALL post offices, government offices instead of just at lawyers offices only).

Note the extreme fees at 15% of value for Land Office charges for subdivision of land (Pejabat Tanah Galian) in Malaysia, too damn high as commpared to the sales agent’s 1-2% commission which is already excessive, being the government, this should be 0.1% at most. And time frames for same subdivision is disgraceful – ‘less than 2 years . . . (to repeat)’ . The loss of wealth in this manner is extreme and the MPs who allowed this to persist are unvotable. Why can the MPs, Governors, Bar Council not address and amend these extreme fees levied by the land office to 1% at maximum? Why can’t price controls be relegated to a sliding scale limited to the 10% earning’s limit as above suggested which will help in wealth distribution? Or at least consider that 1% of any individual’s savings at most?

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