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Probate Advocates State Grand Jury Report Did Not Adequately Investigate Abuse by Court Officials

Probate Advocates and the Post “Perils of Probate” stories have for years recognized that the minority population is disproportionately targeted by court insiders. The Black female senior community presents a recognized vulnerability. Black families have a history of maintaining homesteads via generational transfers. Properties purchased generations ago are most susceptible to interception by predatory parties in conservatorship.

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Gentrification areas in New York City, Washington DC, Detroit, San Francisco, Oakland, and Berkeley have demonstrated a recognized problem with predatory attorneys gaining control of real estate at steep discounts via conservatorships.
Gentrification areas in New York City, Washington DC, Detroit, San Francisco, Oakland, and Berkeley have demonstrated a recognized problem with predatory attorneys gaining control of real estate at steep discounts via conservatorships.

By Tanya Dennis

On June 6th, the Alameda County Grand Jury released a report regarding deficiencies of probate Court including recommendations to correct deficiencies. Probate advocates are expressing disappointment that the report did not address the rampant abuse perpetrated by some court appointed guardians and officials, a well-documented occurrence not just locally, but nationally.

Spectrum Institute Attorney Tom Coleman says the reason is, “Attorneys are reluctant to investigate their own.” Spectrum Institute has been elevating evidence of probate court mismanagement and fraud over the last five years. The issues highlighted in the Grand Jury Report mirror Los Angeles Times’s investigative reports in 1987 and 2006 that reported those who exploit court dysfunction have only mastered their nefarious intent over the last 35 years. Each time issues are elevated, and nothing is done to correct them, the criminally intent are emboldened, and probate has been perverted to serve the predatory legal community at the expense of the public, often a completely misinformed and unsuspecting public.

Rick Black of CEAR, and producer of the expose documentary “The Guardians” says, “Conservatorship is always an expensive and risky proposition. It should be avoided at all costs. CEAR recognizes anyone can be targeted and exploited by it. Black or white, famous, or unknown, rich or penniless, intellectual or not, anyone can be exploited by this system. Victims of fraudulent adult conservatorships are left voiceless. Their loved ones and heirs are also victimized as the courts dismiss their pleas and material evidence.” CEAR has counseled or investigated over 5,000 cases of suspected fraudulent conservatorship.

Probate Advocates and the Post “Perils of Probate” stories have for years recognized that the minority population is disproportionately targeted by court insiders. The Black female senior community presents a recognized vulnerability. Black families have a history of maintaining homesteads via generational transfers. Properties purchased generations ago are most susceptible to interception by predatory parties in conservatorship. Gentrification areas in New York City, Washington DC, Detroit, San Francisco, Oakland, and Berkeley have demonstrated a recognized problem with predatory attorneys gaining control of real estate at steep discounts via conservatorships.

Probate reform advocates Shout Out Justice, the Probate Movement Reform Group, Center of Administration Reform (CEAR), and the Coalition for Elder and Disability Rights (CEDAR), spoke directly with DA O’Malley on the issues in 2018 and 2019. She knew the problem was court dysfunction and the ability for benefitting parties to commit constructive fraud in proceedings that facilitated downstream exploitation, theft, embezzlement, and extortion. O’Malley’s response was she was not aware of any accusations of “probate court staff” directly benefitting from the frauds.

Black cites that despite O’Malley’s claim that “There were mountains of claims against benefitting attorneys and conservators, all protected by the sponsoring probate jurist. It was also quite clear after several discussions with DA O’Malley that she had no interest in prosecuting fellow attorneys fully endorsed by District Court judges serving Probate.”

Venus Gist of California Probate Reform Network says, “We all know gentrification is real,” even Mayor Schaaf in a meeting with United Seniors Of Alameda County said that she believes the probate court is causing much of the homeless issues. Alameda County Probate Court robs families of generational wealth. My mother’s former temporary conservator attempted to sell my parent’s six figure rental property for $17,000 to collect their court fees. They never cared enough to talk with us or give my family payment options.”

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Activism

Oakland Post: Week of May 21 – 27, 2025

The printed Weekly Edition of the Oakland Post: Week of May 21 – 27, 2025

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OPINION: Your Voice and Vote Impact the Quality of Your Health Care

One of the most dangerous developments we’re seeing now? Deep federal cuts are being proposed to Medicaid, the life-saving health insurance program that covers nearly 80 million lower-income individuals nationwide. That is approximately 15 million Californians and about 1 million of the state’s nearly 3 million Black Californians who are at risk of losing their healthcare. 

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Rhonda M. Smith.
Rhonda M. Smith.

By Rhonda M. Smith, Special to California Black Media Partners

Shortly after last year’s election, I hopped into a Lyft and struck up a conversation with the driver. As we talked, the topic inevitably turned to politics. He confidently told me that he didn’t vote — not because he supported Donald Trump, but because he didn’t like Kamala Harris’ résumé. When I asked what exactly he didn’t like, he couldn’t specifically articulate his dislike or point to anything specific. In his words, he “just didn’t like her résumé.”

That moment really hit hard for me. As a Black woman, I’ve lived through enough election cycles to recognize how often uncertainty, misinformation, or political apathy keep people from voting, especially Black voters whose voices are historically left out of the conversation and whose health, economic security, and opportunities are directly impacted by the individual elected to office, and the legislative branches and political parties that push forth their agenda.

That conversation with the Lyft driver reflects a troubling surge in fear-driven politics across our country. We’ve seen White House executive orders gut federal programs meant to help our most vulnerable populations and policies that systematically exclude or harm Black and underserved communities.

One of the most dangerous developments we’re seeing now? Deep federal cuts are being proposed to Medicaid, the life-saving health insurance program that covers nearly 80 million lower-income individuals nationwide. That is approximately 15 million Californians and about 1 million of the state’s nearly 3 million Black Californians who are at risk of losing their healthcare.

Medicaid, called Medi-Cal in California, doesn’t just cover care. It protects individuals and families from medical debt, keeps rural hospitals open, creates jobs, and helps our communities thrive. Simply put; Medicaid is a lifeline for 1 in 5 Black Americans. For many, it’s the only thing standing between them and a medical emergency they can’t afford, especially with the skyrocketing costs of health care. The proposed cuts mean up to 7.2 million Black Americans could lose their healthcare coverage, making it harder for them to receive timely, life-saving care. Cuts to Medicaid would also result in fewer prenatal visits, delayed cancer screenings, unfilled prescriptions, and closures of community clinics. When healthcare is inaccessible or unaffordable, it doesn’t just harm individuals, it weakens entire communities and widens inequities.

The reality is Black Americans already face disproportionately higher rates of poorer health outcomes. Our life expectancy is nearly five years shorter in comparison to White Americans. Black pregnant people are 3.6 times more likely to die during pregnancy or postpartum than their white counterparts.

These policies don’t happen in a vacuum. They are determined by who holds power and who shows up to vote. Showing up amplifies our voices. Taking action and exercising our right to vote is how we express our power.

I urge you to start today. Call your representatives, on both sides of the aisle, and demand they protect Medicaid (Medi-Cal), the Affordable Care Act (Covered CA), and access to food assistance programs, maternal health resources, mental health services, and protect our basic freedoms and human rights. Stay informed, talk to your neighbors and register to vote.

About the Author

Rhonda M. Smith is the Executive Director of the California Black Health Network, a statewide nonprofit dedicated to advancing health equity for all Black Californians.

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OPINION: Supreme Court Case Highlights Clash Between Parental Rights and Progressive Indoctrination

At the center of this controversy are some parents from Montgomery County in Maryland, who assert a fundamental principle: the right to shield their children from exposure to sexual content that is inappropriate for their age, while also steering their moral and ethical upbringing in alignment with their faith. The local school board decided to introduce a curriculum that includes LGBTQ+ themes — often embracing controversial discussions of human sexuality and gender identity.

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Craig J. DeLuz. Courtesy of Craig J. DeLuz.
Craig J. DeLuz. Courtesy of Craig J. DeLuz.

By Craig J. DeLuz, Special to California Black Media Partners

In America’s schools, the tension between parental rights and learning curricula has created a contentious battlefield.

In this debate, it is essential to recognize that parents are, first and foremost, their children’s primary educators. When they send their children to school — public or private — they do not surrender their rights or responsibilities. Yet, the education establishment has been increasingly encroaching on this vital paradigm.

A case recently argued before the Supreme Court regarding Maryland parents’ rights to opt out of lessons that infringe upon their religious beliefs epitomizes this growing conflict. This case, Mahmoud v. Taylor, is not simply about retreating from progressive educational mandates. It is fundamentally a defense of First Amendment rights, a defense of parents’ rights to be parents.

At the center of this controversy are some parents from Montgomery County in Maryland, who assert a fundamental principle: the right to shield their children from exposure to sexual content that is inappropriate for their age, while also steering their moral and ethical upbringing in alignment with their faith. The local school board decided to introduce a curriculum that includes LGBTQ+ themes, often embracing controversial discussions of human sexuality and gender identity. The parents argue that the subject matter is age-inappropriate, and the school board does not give parents the option to withdraw their children when those lessons are taught.

This case raises profound questions about the role of public education in a democratic society. In their fervent quest for inclusivity, some educators seem to have overlooked an essential truth: that the promotion of inclusivity should never infringe upon parental rights and the deeply held convictions that guide families of different faith backgrounds.

This matter goes well beyond mere exposure. It veers into indoctrination when children are repeatedly confronted with concepts that clash with their family values. 

“I don’t think anybody can read that and say: well, this is just telling children that there are occasions when men marry other men,” noted Justice Samuel Alito. “It has a clear moral message, and it may be a good message. It’s just a message that a lot of religious people disagree with.”

Justice Amy Coney Barrett raised a crucial point, noting that it is one thing to merely expose students to diverse ideas; it is quite another to present certain viewpoints as indisputable truths. By framing an ideology with the certainty of “this is the right view of the world,” educators risk indoctrination rather than enlightenment. This distinction is not merely academic; it speaks to the very essence of cultivating a truly informed citizenry.

Even Justice Elena Kagan expressed concern regarding the exposure of young children to certain materials in Montgomery County.

“I, too, was struck by these young kids’ picture books and, on matters concerning sexuality, I suspect there are a lot of non-religious parents who weren’t all that thrilled about this,” she said.

Justice John Roberts aptly questioned the practicality of expecting young children to compartmentalize their beliefs in the classroom.

“It is unreasonable to expect five-year-olds, still forming their worldviews, to reconcile lessons that conflict fundamentally with the teachings they receive at home,” he said.

As was noted in my previous commentary, “The Hidden Truth In The Battle Over Books In American Schools”, what lies at the heart of these debates is a moral disconnect between the values held by the majority of Americans and those promoted by the educational establishment. While the majority rightly argue that material containing controversial content of a sexual nature should have no place in our children’s classrooms, the education establishment continues to tout the necessity of exposing children to such content under the guise of inclusivity. This disregards the legitimate values held by the wider community.

Highlighted in this case that is before the Supreme Court is a crucial truth: parents must resolutely maintain their right to direct their children’s education, according to their values. This struggle is not simply a skirmish; it reflects a broader movement aimed at reshaping education by privileging a state-sanctioned narrative while marginalizing dissenting voices.

It is imperative that we assert, without hesitation, that parents are — and must remain — the primary educators of their children.

When parents enroll a child in a school, it should in no way be interpreted as a relinquishment of parental authority or the moral guidance essential to their upbringing. We must stand firm in defending parental rights against the encroaching ideologies of the education establishment.

About the Author

Craig J. DeLuz has almost 30 years of experience in public policy and advocacy. He has served as a member of The Robla School District Board of Trustees for over 20 years. He also currently hosts a daily news and commentary show called “The RUNDOWN.” You can follow him on X at @CraigDeLuz.

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