Bay Area

The Perils of Probate: Court Profits from Family Dissension

Published

5 years ago

April 29, 2020

In the probate court system, it shouldn’t take two years to decide which relative should be awarded conservatorship over an elder. But considering an elder, once assigned a court-appointed guardian, seldom if ever returns to their family or home, time is a non-issue.

Out of the sixteen probate stories in this series, only one senior returned to her home, and that was because the family “rescued” their mother and wife from the care facility, risking court sanctions and possible imprisonment (Post News Story 3/3/18 “Victory for Probate Reform Movement and the Carter Family.) Most end up like the Ussery family, released from the court eleven years later after their five million dollar estate was eaten up in court fees leaving the family 35k to split between them (Post News Story 3/25/16 “Even When Done Right the Probate Court Still Wins.”)

Nationwide, the probate court system has become an unregulated criminal enterprise, where legal stealing of a person and their property is allowed. Cathy Rodriguez’s, 88-year old aunt Mildred Rodriguez, is Alameda court’s most recent victim. Mildred is being held against her will, the court system uses her dementia to justify ignoring her wishes to live with Cathy.

“My aunt and I bought a home together, and for a number of years, my dad lived with us also. I eventually bought another home and moved down the street,” says Cathy who filed for conservatorship after another cousin “kidnapped my aunt, took my aunt to her home, filed a power of attorney, then mentally and physically abused Mildred for eleven months, holding her captive.”

According to Cathy, the cousin has a history of being predatory, so much so that for years family members were warned to avoid her. The cousin has a history of taking advantage of elders and people with disabilities, and proof of her past predatory behavior was submitted to the court. In contrast, Cathy served four years with the Alameda County Probation Department as a peace officer, in the juvenile justice system, twenty years with the Santa Clara Probation Department as a peace officer with juveniles and young adults and is a 38 year Christian who serves the Lord at Victory Outreach. Cathy has been an advocate for thirty years for special education, youth, adults, and the elderly. She has a good income, no criminal record, owns three homes, and has an excellent credit score.

Cathy asks, “What does it take to qualify for conservatorship? It doesn’t matter! The court said they could not make a decision between me and my cousin who has thirty-two cases of fraud, domestic violence, harassment, and slander. The choice was clear, yet unethically, Alameda County Public Guardians submitted an investigative report favoring themselves in order to take control of my aunt and her assets, then slandered me in court to justify and isolate her from me and the family. She should be home with us! I have video of her crying and begging to come home. This is a crime, and no one will help me or my aunt, we have nowhere to turn, because this is the law.”

Probate Reform advocate Venus Gist says, “The lack of integrity, accountability, justice and oversight in Alameda County Courtrooms and across the nation demands that we expose this criminality to Congress. WeThePeople will take action.”

Tanya Dennis

Posts by Tanya Dennis

Related Topics:Alameda County Probate Court probate court San Francisco

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Bay Area

Oakland Awarded $28 Million Grant from Governor Newsom to Sustain Long-Term Solutions Addressing Homelessness

Governor Gavin Newsom announced the City of Oakland has won a$28,446,565.83 grant as part of the Homeless Housing, Assistance and Prevention (HHAP) grant program. This program provides flexible grant funding to help communities support people experiencing homelessness by creating permanent housing, rental and move-in assistance, case management services, and rental subsidies, among other eligible uses.

Published

10 hours ago

November 4, 2024

Oakland Post

Oakland Mayor Sheng Thao

Governor Gavin Newsom announced the City of Oakland has won a$28,446,565.83 grant as part of the Homeless Housing, Assistance and Prevention (HHAP) grant program.

This program provides flexible grant funding to help communities support people experiencing homelessness by creating permanent housing, rental and move-in assistance, case management services, and rental subsidies, among other eligible uses.

Oakland Mayor Sheng Thao and the Oakland City Administrator’s Office staff held a press conference today to discuss the grant and the City’s successful implementing of the Mayor’s Executive Order on the Encampment Management Policy.

Oakland Post

Posts by Oakland Post

Bay Area

Pamela Price Appoints Deputy D.A. Jennifer Kassan as New Director of Community Support Bureau

On Monday, District Attorney Pamela Price announced Deputy District Attorney Jennifer Kassan as the new director of the Community Support Bureau. Kassan has over 25 years of experience as an attorney and advisor for mission-driven enterprises including benefit corporations, low-profit limited liability companies, nonprofits, cooperatives, hybrid organizations, investment funds, and purpose trusts.

Published

10 hours ago

November 4, 2024

Oakland Post

Alameda County Deputy District Attorney Jennifer Kassan. Courtesy photo.

Special to The Post

On Monday, District Attorney Pamela Price announced Deputy District Attorney Jennifer Kassan as the new director of the Community Support Bureau.

Kassan has over 25 years of experience as an attorney and advisor for mission-driven enterprises including benefit corporations, low-profit limited liability companies, nonprofits, cooperatives, hybrid organizations, investment funds, and purpose trusts.

Working in the DA’s new administration since 2023, Kassan was most recently assigned to the Organized Retail Theft Prosecution team.

Kassan has a master’s degree in City Planning from the University of California, Berkeley. She received a National Science Foundation Fellowship from Yale Law School, and graduated from Yale Law School in 1995. She earned her B.A. in Psychology with a minor emphasis in Ethnic Studies from UC Berkeley.

Kassan’s education, extensive legal background, list of notable accomplishments and impressive resume includes helping to found and lead multiple organizations to support community wealth building including:

Community Ventures, a nonprofit organization that promotes locally-based community economic development,
the Sustainable Economies Law Center, a nonprofit that provides legal information, training, and representation to support sustainable economies
the Force for Good Fund, a nonprofit impact investment fund
Crowdfund Main Street, a licensed portal for regulation crowdfunding
Opportunity Main Street, a place-based ecosystem building organization that supports under-represented entrepreneurs and provides education about community-based investing.

In addition, Kassan served as an elected member of the City Council of Fremont, California from 2018 to 2024, and on the Securities and Exchange Commission Advisory Committee on Small and Emerging Companies.

In 2020 she was named to the list of World-Changing Women in Conscious Business by SOCAP Global.

“We are excited to see Jenny accept the role as the new leader for the Community Support Bureau,” said Price. “She brings a wealth of talent, experience, and a vision to expand our office’s engagement with community groups and residents, that will level-up our

outreach programs and partnerships with local organizations with the aim of promoting crime prevention.

“We thank Interim CSB Director Esther Lemus, who is now assigned to our office’s

Restitution Unit, for her hard work and a great job fostering positive relationships between the DAO and the community.”

Oakland Post

Posts by Oakland Post

Bay Area

Oakland Mayor Sheng Thao’s Open Letter to Philip Dreyfuss, Recall Election’s Primary Funder

Oaklanders Defending Democracy, a group opposing the recall of Oakland Mayor Sheng Thao, shared an open letter she wrote to Philip Dreyfuss of Farallon Capital, a coal hedge fund. According to Thao’s supporters, “Dreyfuss is the primary funder of the recall effort to remove her from office. He has not explained his motivations or answered one question about why he’s funding the recall or what his agenda is for Oakland.

Published

11 hours ago

November 4, 2024

Oakland Post

Oakland Mayor Sheng Thao

Special to The Post

Publishers note: Oaklanders Defending Democracy, a group opposing the recall of Oakland Mayor Sheng Thao, shared an open letter she wrote to Philip Dreyfuss of Farallon Capital, a coal hedge fund.

According to Thao’s supporters, “Dreyfuss is the primary funder of the recall effort to remove her from office. He has not explained his motivations or answered one question about why he’s funding the recall or what his agenda is for Oakland.

“All we know about him is his firm has invested over $2 billion in coal since 2022. Farallon Capital is a global hedge fund with $39 billion capital under management, headquartered in San Francisco, the supporters say.

The effort to recall Mayor Sheng Thao was built on top of an argument about a crime wave, pinning the blame for it on a newly elected Mayor. Now that crime has dropped massively, recall proponents are left with no compelling argument.

Oct. 30

Dear Philip Dreyfuss,

We haven’t met. As you know, I’m the Mayor of Oakland, elected in 2022 to serve and protect this city. Since stepping into office, I’ve tackled rising crime, homelessness, and budget challenges head-on, working tirelessly for Oakland’s future.

You are a hedge-fund manager and coal investor who doesn’t live in Oakland who is trying to buy our city government. But the people didn’t elect you, they elected me to protect them from people like you.

Shortly after my term began, you launched a campaign to remove me from office, pouring in nearly $500,000 of your own wealth. We’ll know the outcome of your campaign on Nov. 6, but let’s be clear about what’s at stake.

Since I took office, crime has dropped over 30%—we’re on track for less than 100 homicides for the first time since 2019, with 15,000 fewer crimes overall.

We’ve invested hundreds of millions into affordable housing, modernized our 911 system, streamlined construction permitting, and are fighting to make Oakland a safer and cleaner city.

If your recall succeeds, Oakland will see four mayors in just five years, another election for mayor the following year and a whopping $10 million cost to taxpayers. In other words, chaos. None of this will impact you because you don’t live here.

Oaklanders deserve to know who you are. I looked into your record and found that the hedge fund you help manage, Farallon Capital, has invested over $2 billion in coal since 2022.

For years, Oakland has stood tall against coal money threatening the health of West Oakland, Chinatown, Jack London and downtown.

Did you know that life expectancy in West Oakland is 7.5 years lower than the County average? Or that our children suffer from asthma at a rate twice as high as the rest of the County?

Philip, instead of trying to use your wealth to hijack our democracy and create chaos in our city you could have put your money where your mouth is.

Instead of investing in coal you could have invested in our young people—created scholarships for our college-bound kids, funded apprenticeships for those who want to learn a trade or helped rid our schools of lead.

Instead, you chose to divide us while you try to buy us. But I’m here to tell you, Philip, on behalf of the 450,000 residents of my city that Oakland is not for sale. NO to coal. NO to chaos. And NO to your selfish and self-serving recall.

Oakland Mayor Sheng Thao, City Hall, Oakland