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Probate Court Seizes Inheritances of African Americans

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A group of people picketed April 8 at the Berkeley Probate Court, protesting that the court is seizing the property and money of a number of the inheritances and assets of elderly African Americans. 

 

Maxine Ussery, one of the protesters, is being personally affected. She said, “We the elderly, senior citizens and African Americans are being targeted, and our basic inheritance and property are being stolen from us by the probate court.

 

 

“And they are not accountable to anyone.”

 

 

During the start of World War II by the attack on Pearl Harbor, African-Americans began to move to the San Francisco Bay Area and Oakland, in particular, where they began to establish businesses serving the community.

 

 

A number of the small business owners were able to save and build up some ownership of property and other assets.

 

 

The protesters said the assets that those from the “Pearl Harbor Generation” acquired should be left to their children or families through a Will or Living Trust Document.

 

 

Instead, those who have inherited the estates are finding themselves tied up in the Probate Court facing confiscation.

 

 

“They make major decisions about our lives and inheritances, and they have the ability to take it and put their names on it and sell it. And then they disperse the proceeds to whoever they want” said Ussery.

 

 

One of the ways the Probate Court is able to insert itself into matters of inheritance is when there is a dispute between heirs or their legal representatives over the Will or Living Trust.

 

 

“If two siblings are arguing about who should be in charge and there is no will, the court takes over and claims responsibility,” said Ussery.

 

 

The dispute serves as a justification to retain a court appointed attorney from a list of 25 attorneys, which is maintained by the Alameda County Probate Court. Almost all of the lawyers on the list are white.

 

 

The protesters are asking that the Probate Court be investigated. “This court has been given total control over people’s lives and property,” said Mrs. Ussery. “They force you to get a lawyer. We don’t get to speak up.”

 

 

“Both my friend, my brother and I were all told by the same judge to shut up, or we would be held in contempt of court,” she said.

 

 

The court essentially is taking away people’s property and saying they are not competent enough to be in control of them,” she said. “The lawyers and judges are the ones becoming the realtors. They sell our properties and don’t have to report much they made.”

 

 

For information contact the Alameda County Probate Court Reform Movement at (831) 238-0096 or email maxineusssery@comcast.net

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Activism

Oakland Post: Week of December 25 – 31, 2024

The printed Weekly Edition of the Oakland Post: Week of December 25 – 31, 2024

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Bay Area

Man Found Guilty After Shooting Gun into Parked Car with Sleeping Passengers

Carmen Watts fired his gun into a parked car, where two unarmed men were sleeping, several times. One victim suffered multiple wounds, while the other was uninjured. He now faces 23 years in state prison. His sentencing is scheduled for Monday, Feb. 3, 2025 in Department 10 at the René C. Davidson Courthouse in Oakland.

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iStock.
iStock.

By Post Staff

A jury has returned a guilty verdict against Camren Watts on two counts of assault with a semiautomatic firearm for an unprovoked shooting near the intersection of 51st Street and West Street in Oakland back in September of 2020.

Watts fired his gun into a parked car, where two unarmed men were sleeping, several times. One victim suffered multiple wounds, while the other was uninjured. He now faces 23 years in state prison. His sentencing is scheduled for Monday, Feb. 3, 2025 in Department 10 at the René C. Davidson Courthouse in Oakland.

“I first want to thank the jury for their service and careful deliberation in this trial,” said Chief Assistant District Attorney Royl Roberts. “I also want to congratulate the Prosecution Team for their hard work securing this conviction and recognize the Inspector on this assignment for their support throughout the case and jury trial. This guilty verdict reaffirms that anyone who uses a gun to harm people in our community will be held to account for their actions in a court of law.”

 

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Bay Area

New Interim Mayor Nikki Bas Takes Office, Announces Balanced Budget

“The Council made difficult but clear decisions last night,” Mayor Bas said in a statement released Thursday.  “With yesterday’s budget adoption, the City of Oakland is on track to maintain our immediate fiscal health and our emergency reserves are at the required level.”

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Nikki Fortunato Bas. Courtesy photo.
Nikki Fortunato Bas. Courtesy photo.

‘The Council made difficult but clear decisions,’ said Bas

Kaplan proposed for Interim District 2 Council seat

By Post Staff

Oakland City Council President Nikki Fortunato Bas was sworn in interim mayor on Wednesday and immediately sat down with City Council members to rebalance the city’s budget, closing a projected deficit and maintaining emergency financial reserves.

“The Council made difficult but clear decisions last night,” Mayor Bas said in a statement released Thursday.  “With yesterday’s budget adoption, the City of Oakland is on track to maintain our immediate fiscal health and our emergency reserves are at the required level.”

“The City now seeks to move forward in strong collaboration with its Labor partners and the community-led Budget Advisory Commission toward long-term fiscal sustainability,” she said. “We all deserve to feel safe and secure, whether we’re taking our kids out to play, running our essential small businesses, parking our car on the street, or walking home at night.”

Bas took over as mayor from Sheng Thao, whose last day in office was Tuesday after losing a recall election in November.

“Thank you for choosing me to serve as your mayor. As the first Hmong American woman to become the mayor of a major American city, it has been the honor of my lifetime. I am deeply proud of the progress we created together,” Thao said.

Bas, in her final remarks as a councilmember, proposed that the City Council appoint Kaplan to replace her until the April election.

“As you know Councilmember Kaplan is retiring, she is willing to serve in this interim capacity. She is a resident of District 2 in Jack London, will not run for the seat in the special election; and I believe that she is uniquely qualified to jump in and immediately help to serve our District 2 residents, as well as key projects moving forward, and of course help lead the city’s biennial budget process,” Bas said.

At its meeting this week, the Council affirmed the City Administrator’s budget balancing actions, utilizing unrestricted and transferred funds to help fill the gap and provided direction and strategies to close the remaining need.

The proposals include finding new revenue from increased events and success at the Oakland Coliseum/Arena and other sources, making any further cuts a last resort.

They also proposed to immediately collect unpaid business taxes by doing an internal audit and strengthen controls on OPD overtime overspending.

Said Councilmember Kaplan, “It is vital to protect core public services, and the long-term fiscal solvency of our city. I am honored that the extra available funds I had previously identified have been confirmed, and are being incorporated into budget strategies, allowing Oakland to reduce cuts and restore reserves. In addition, important public serving and revenue-generating functions are being strengthened, including to reduce blight and provide safer, cleaner streets.”

Councilmember Kevin Jenkins (District 6) said, “The Fire Department, which had been preserved from cuts in July, was able to rapidly stop the Keller Fire from growing out of control, which prevented a repeat of the horrific loss of life and loss of homes that took place during the 1991 Oakland Hills Fire.”

According to a Mayor’s Office press statement, Oakland’s investments in the Oakland Police Department and the Department of Violence Prevention have yielded the fastest and most dramatic reduction in homicides in the city’s history.

The City’s deep investments in public safety over the past year continue to pay off, with homicides down 35% year-to-date and overall crime down by 34% since last year. The Public Safety Leadership team is very strong with OPD Chief Floyd Mitchell, DVP Chief Dr. Holly Joshi, OFD Chief Damon Covington, and their deputy chiefs having over a century of collective experience in Oakland.

The budget proposals preserve Oakland’s Ceasefire violence intervention strategy, prioritize OPD patrol and investigations, and continue services to improve 911 response times, with currently 71% of calls answered within 15 seconds or less — a dramatic improvement over the prior year, the press statement said.

Oakland’s investments in sidewalk repair, street paving, clearing abandoned autos, and safer conditions on our roadways are improving both safety and quality of life. The proposals restore funding for important and needed bicycle and pedestrian safety projects, street paving, and parking enforcement, the statement said.

The Council is considering a sales tax ballot measure for the April 15 special election. The proposed half-cent sales tax increase would raise approximately $29 million annually. Ongoing revenue generation and improved efficiencies would help address the City’s structural deficit in the next two-year budget.

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