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Unsecured loans, it can't be passed down through probate.

Have you read through the probate documents, the court documents?

No, we haven't even filed any probate paperwork yet.

a man got to probate. This is just a a credit card company doing a song. Yeah

But I heard like three years when you don't have the jury trial is bankruptcy, probate, and family courts,

I mean, right now, I'm dealing with probate, and I tell you one thing, it ain't no fun thing.

They may even further go in and subdivide them into probate, probate being another specialized

So when you're going to rules and probate actions, something about probate, we could

was a probate case in which the family was suspicious of the attorney that had handled the probate.

After some grandparents had died and there was a will and it went through probate,

So we're trying to go through the proper channels probate court and a woman has entered the picture trying to claim she was his common law wife

In fact, my father-in-law's estate's going through probate.

to put down here in this probate court?

I took it out of probate court because the probate judge was in bed with my stepbrothers and sisters' attorneys.

And I had it removed from probate court into circuit court.

I had called in before where we're dealing with a probate case

with her lawyer in the probate court,

Okay, we're speaking with Russell in Texas about probate issues,

Concerning probate, do you know if there's a way to force a property into probate

taking it to probate, or say maybe they're just not wanting to for some reason?

before the court to try to force the real estate into the probate,

that the community property part doesn't come into effect when it comes to a probate.

In other words, if my wife gets something from that probate case,

I'm just now getting into the probate court to try to figure out.

because I'm interested in what would happen if the heirs just didn't want to bring it to probate at all

because maybe they don't want to have to pay the probate taxes

or they don't want to have to risk losing the property because of probate taxes.

Well, what is it now? What is the state taxes for probate now?

Everybody I had talked to about probate said that the taxes, the inheritance taxes always ate them alive.

or to try to keep it out of probate court.

Okay, so that made it to be in a probate court case like this.

And even if you have a will, you can still go to probate court

this whole will thing would have been over in eight months, this whole probate.

but he knows about the will, but he's not going to bring it to probate, but nobody else knows about it.

for the guy has a reason to not to interprobate, that the thing I was getting to,

could a third party approach the probate court, of course, courts amicus curiae,

to notify the courts of the need for a probate action, to keep this guy from swallowing the property

I don't know, I've never heard of amicus curiae in a probate court.

Do you have some comments about the probate situation?

First, probate court is more incestuous than traffic court.

If there's no will, then the probate goes directly to the discretion of the judge.

The probate judge, and he can actually assign his own executor.

Well, all the probate cases that I have seen, and I have talked to some probate lawyers,

where it doesn't go under probate, but that's a whole other side issue here.

And there's a lot of subjectiveness in probate across the country,

and we're discussing the situation of the probate courts and how corrupt they are.

And when so but back to the probate, if the judge, if there was no will, if there was no.

Because the trusts never hit the probate court and they never become public,

Yeah, I was aware that probate and family court are both a horrible mess.

And that's really what probate is about, is to adjudicate those kinds of abuses.

I mean, with the probate, you know, he's most likely going to get everything right away

Do you have a question or comment about probate for Russell or Randy or myself?

Russell, thank you for coming on and being our guest tonight to discuss probate and other issues.

Okay, now we are going to, Randy and I are going to get into a discussion concerning probate.

So, Randy, you wanted to get into the probate.

So what is the deal with probate and what are the pitfalls and how can we deal with it?

because the probate courts take like 40 percent?

I don't know, probate's not my area.

I'm really ignorant on probate.

If somebody does, how does their estate get into probate?

and that started a probate course case in the court.

Now, in your case, apparently you've been in probate for quite a while.

What is the problem? How does probate work?

Well, probate works is once a case is started, you can, you know,

but because the IRS came into my file-of-laws probate case

We're talking about probate law here in Texas.

I'm working on a case that I've talked to you guys about before that has to do with a probate case with a cousin of a family.

And I'm looking for either any of you guys that might be able to help me or somebody else that I can talk to who has experience in probate cases.

Oh, I don't have it. I'm a due process guy. Oh, next caller. We need to go to the next caller. Russell Mortland has experience in probate.

We're talking about probate, trust, commercial.

will have to go through probate, I suspect, and the court will have to assign the title

simple process because they'll get to collect probate taxes from you. Okay. And how much

the probate lawyer is going to be like $2,500 and I just would love to try to avoid that

a notary or. No, no, no. This is going to have to go through probate. It's going to

to go through probate court. Yeah. Okay. And if you're the surviving heir, you would

file it with the probate. That much I kind of know about. It's not something I'm familiar

with at all, but I'm sure you'll have to initiate the probate action. You may be able to do

probate court though. Just go on the internet and do some, do Texas probate. Okay. And you'll

before you go to probate court. Hi. That's my good friend there. So hey, Debra. It's

contested, you don't even have to probate. They just don't tell you that because they

So what do you do if you don't have to probate it?

it. Because if you do probate it, it's ungodly easy, but it's still a pain in the butt. But

have to probate it. So I guess all you need is a, you know, I'm sitting here thinking

which was a, went through probate court.

The executor only threw probate.

whoever's in charge of the probate, they're withholding assets from legitimate heirs,

I think it had something to do with, I don't remember if it was bankruptcy fraud or probate type situation,

Several years ago, all of the county's probate and conservatorship cases were moved to Redland's

the probate assignment in Redlands had any bearing on the recent media scrutiny given

the judges of the statutory probate courts,

the associate judges appointed by the judges of the statutory probate courts

to compel a statutory county court judge, a statutory probate court judge,

Well, they – you know, my wife refused because she was pregnant, and they tried to probate her to force medicine on her.

Probate estate.

Okay, probate estate.

What are you asking about the probate estate?

Well, apparently the probate, probate, or the family probate,

the presumption of the family probate executors,

the jurisdiction of the probate court in St. County St. Louis.

And the probation is probating, I mean, the probate court is probating the will.

state, you call the shots, and it all goes through probate and

God forbid you die it doesn't go through probate

If I die, there's no probate.

I went through probate, and I'm finding, you know, they raided,

they charge different fees for, you know, per hour to handle probate.

I was, you know, but, you know, probate started without me.

I'm not familiar with probate.

We may not know probate, but we do know due process.

And we may actually find someone who's up to speed on probate.

But if these, you know, the thing about probate is

people wind up in probate generally by surprise,

and they tend not to wind up in probate often,

Well, this has already happened, but at the time at Probate, and I wasn't,

And there's so many, so many things with this probate.

or 2, a designation of guardian before need arises under Section 679 Texas Probate Code.

We file it in the probate court.

We're not sure exactly how you file it and where probate court is.

But as far as filing it in probate court, do you just go down there and file it with the clerk of the court?

One of the guys that was doing it was saying that you had to actually file it in probate court

then you had to give them a certain amount of days to, you know, once it was filed in probate court,

She is involved in a case that started out in a probate matter and she's had to go before

Now they're into the probate of the will, and now the judge keeps threatening her if

Now are you, are you, this is a probate case?

No, it's not a probate case.

No, they still gave me a DWI. They just gave me a three year probate of sentence.

Most civil court cases are about a single issue, such as an automobile accident, divorce, breach of contract, probate.

I mean, is the property in probate?

probate, whatever.

I'll find people who are experts in family law in probate law in every area of law.

Vernon, Texas, County's Willbarger County, he filed a habeas corpus with Willbarger, Willbarger County probate court, and it hasn't written any word on any of those habeas corpuses.

Eddie, do you know anything about probate?

I know a little bit about probate.

I know absolutely nothing about probate.

Then probate may not be the vehicle, probate may not have anything to do with it if the estate is already in a trust.

But if you received it in a probate, Eddie might be able to address both of these.

Let me do this in real quick, just for fun. I don't think this will make a lot of difference. We didn't go through probate. We're doing this between me and my sister through an affidavit of airship.

We're doing the, what should I say, the disbursement of, you know, dad's property. We're managing it not through a probate.

Hi, Randy. I called you about a year ago about my mother in a probate matter in New Jersey that was begun with a piece of stolen mail.

Tell us about, and this story is interesting because of this probate issue, tell us about

more bar-greavances, and now I'm responding, and it'll probably go from probate to criminal

Well, Randy, I was trying to get in touch with you last week and I wanted to file in my mother's probate accounting.

I haven't seen the probate code in Florida,

And for us, this is a probate issue and I personally don't have any background in probate.

She's going to live forever. But frankly, I don't have any real knowledge of probate law and I would hate to try to expound on something about which I know little or nothing because any advice that I were to give would be worth exactly what you pay for it.

also in the probate code under 489 of the probate code that section is entitled the

It got remanded to the state court that was doing the injury at probate court.

Say we see errors in your record that would say a document was filed in a case that's gone to probate.

In Texas, under Texas probate code, we have the Texas Durable Power of Atturning Act.

Under the Texas Durable Power of Atturning Act, probate code section 489, it specifically

Under the probate code?

489 probate code.

Most of it goes to things in probate, but 489 does not.

You are in by far the the most corrupt, if not a near second to probate law, but the most corrupt section of law there is in the entire state family court.

But if you go to a law firm and get their old O'Connor's manuals, you will wind up with all of those. They have a practice guide on probate, business and commerce.

in the courts of New Jersey. I filed a federal complaint on the probate proceedings because

if he's reading a probate issue,

Doesn't matter whether we're dealing with traffic, doesn't matter whether we're dealing with family court, doesn't matter whether we're dealing with property or probate, it doesn't matter.

So I'm not that up on probate,

If you've got things in a trust, then there's no probate.

I don't know probate.

I've never looked into probate.

Eddie's researching probate right now.

An accounting only applies to the probate of a will, not a trust, unless the trust is

How much of the probate law have you looked at?

I haven't studied probate because I'm under Florida trust law.

I know they apply probate...they apply main revised statutes right now, but we already

You might have a probate hearing, but you certainly don't have a divorce.

And then we'll draw criminal family law, probate law, where putting together a tool where ordinary people can get access, complete access to the law.

But the big thing about it is is we can then take other issues, probate law, family law, traffic and lay them on top of this so that in any of these, if any other law is implicated,

This is exactly what I've been looking for because the end result of it is that Randy, when I look at what I wrote to the judge in the probate manner,

If they've created this will and haven't tried to present the will for probate, they didn't have done anything yet.

or what he kicked out in probate court, but, you know, his situation, he takes his, he does more stuff for his mom.

Texas probate code 489 lists every document type that the legislature allows to be filed with the county registrar's office.

Okay, I understand you have a probate question.

And I'm not well-versed in probate law specifically.

I tell you, probate's really nasty and it's going on across the country, swallowing up our seniors in our third state.

And so far, because of the way you've presented them, I take it you're not terribly sophisticated in the legal side of the probate issue.

Understand that in probate, the lawyers, both sides, their whole purpose is to see how much of the estate they can swallow.

Yes, this is probate.

Okay. I mean, what kind of issues before the court is not a probate hearing?

Just an ancient judicial district court for, oh, I'm sorry, probate department.

Oh, it is probate. Okay.

Then you could raise this issue in the probate court, but you'd have to do it by motion.

That's what probates about how do you swallow the entire estate so the lawyers come away with everything.

I don't know enough about the probate to really speak to it, but I do know enough about corruption

No, what I did was I filed that in probate, why am I doing this because the judges have

forum, never ever say a word about it in the probate court, to run that in the background.

I'm as excessive for their trust, but they gave my father in probate in September when

I'm in probate trying to take care of my father.

Hello, look, Kevin. Hello, yes, I had a question about an initial first probate hearing, which

in order for them to proceed on this probate hearing like your former colloid was saying,

murdered six years ago, my dad's probate, and you told me about some things and I went

referenced by texas probate code for 89 the legislature stipulated that anyone who files

probate in Florida with my dad, and now this thing with my aunt and the bankruptcy. So

I have yet to see a single power of attorney in the county record as required by probate code 489.

And they will say that that doesn't apply because it's in the probate code.

I know we're going to raise the stuff in the probate code

But other than the probate code,

Then, and the probate code requires

But OK, so Randy, I know what you say about the probate code,

to probate matters.

in the probate code, it does kind of

of attorney that is for probate type matters.

Well, it would seem like if in a probate situation,

have to be aware that probate was coming

to make the filing valid in the probate court.

after the property enters probate?

I can make the argument that Section 489 of the Probate

Code shouldn't only apply to probate matters.

to limit it strictly to probate and all that.

of the Probate Code.

And it was about a probate issue with the murder of my mother and the guardianship of

This started with my mother's murder and my dad was mentally impaired and I've been in a probate.

I've talked with you before in probate trying to get guardianship of my father because she was his caretaker.

If you look at Texas Probate Code 489, it's about power of attorney, and it stipulates what documents must have a power of attorney.

And that's what I need to find out is about the probate records, because this particular gold miner, he helped bring Ward County to fruition down there in Texas, and they put out about six million barrels of oil a year.

And did the Katie O'Hara have an estate? And if they had an estate, was the estate probated or did she die without a will or some subsequent holder of the estate die without a will that would leave you in line for inheritance?

murder. And then I ended up in probate to get my father cause he's got dementia and he's mentally

Well, I don't know how, no, no. This is probate now. And I'm reopening my first guardianship case because I found that there was fraud in that case.

You're going around in circles on me. This is probate. Did you counter soothe him?

No, no. Probate is not criminal.

If you have a criminal case, you can't counter soothe. If you're in probate, if they've sued for probate and they've named you in the suit, no, I'm not familiar with how probate works.

You may well have to sue them in a separate action and then move to join the separate action with the probate action.

Okay. Okay. See, this is, I need a timeline. Are we talking about probate still?

This probate, I'm going, now that I've got it opened, reopened, I'm going to ask for a trial by jury in this. And I know that's unusual, but there's a quarter of a million dollars missing. That's well over $20 according to our Seventh Amendment. And I'm going to...

It's in the probate code, or it was in the probate code.

But in Texas, probate code 489, it specifically states that anybody filing a document with the county registrar

Okay, okay. The reason I said that, this is probate and 489 probate code will require that if you're named as the executor of an estate, you're going to need a power of attorney in the record.

It first started out with just being, he just left it to me to where we had to go through a probate.

Okay, is there any filing from the probate court or any filing transferring the property

OK, go to Texas probate code 489.

And there should be a filing of a power of attorney under Texas probate code 489.

Texas probate code 489 has been moved out of the probate code and I think into the property code.

Okay, all right, yeah, so I just need to go into the probate code.

We're in probate court. Yeah, he's an entity, so he's not like the county registrar

in doing it the right way and we had to, I had a probate issue and then I also had the

And this goes to standard problems around the country with probate courts. The lawyers do everything they can to completely swallow the estate.

Our bankruptcy, it was a Chapter 7, and it had to be reopened in order to go back and claim standing in the house and also in a probate issue.

And it goes to a crime that the personal representative has done with that probate estate.

You stumped this job, bankruptcy and probate, out of me?

and – because there's some other – there's some probate stuff that's with it that I also had to surrender.

You know, it's kind of weird, Steve. They had asked for the 29th for everyone to respond by the 29th. We have two probate cases that are going on inside of this too.

Okay. I'm wondering, now this is just a theory, I'm wondering if you can sever your issues from the rest of the probate issues.

Is all this dealing with a divorce court, or is this a probate court?

Nancy, Nancy, is this a probate court or a divorce court?

It was a divorce court, and it's been a probate court too, but it's still a divorce.

And then we filed a case against my dad's probate.

But I know from an accounting from my dad's probate

But we're going to have a hearing in Florida on the probate issue on the 6th of December,

Probate would be another.

that it appears more so in family law than in any other, well, maybe probate law.

in probate law. Well, here's the big thing. Okay, call the assessor's office. The assessor said the

claim against the property is you. But how the probate works is iffy. So if you just

There may be a way to take it over in probate as the last surviving heir.

Well, I'm lost in probate.

Two to ten years in the penitentiary for a probated sentence, and that is a very serious crime, and the punishment is significant

And so I opened probate because he didn't recognize that there was an estate

without probate being opened.

of no probate value. Okay. I wasn't talking about anything with

Title company or sometimes lawyers would do it, but it depends on what the only probate

And for any area of attorney practice, criminal, civil, family, probate, we'll have a questionnaire

Did the property go through probate?

It's not your property until it's went through probate, even though there's a will granting

you the property, it has to be probated to you.

have to go through probate, but if it was in a will, the will would have to be probated.

The problem is, if you didn't get it probated in time or you didn't keep up the payments,

going to be difficult because the property wasn't probated in time.

You really need a probate lawyer.

Once you have standing and you get that, you're going to have to probate the bill.

And probate, that's something I'm not really versed on, especially in contingency.

Yes, I was involved in a probate trial and there was a statement of decision that involved

So the other person was the trustee in this probate case.

probate matter.

I can't hide information from the probate court and get my ruling and to let my information,

I think it would be, you know, persona non grata in the probate court.

And there was no probate because it was a corporation.

if I needed to surrender the one case, I needed to surrender my dad's probate case, too.

And what was surrendered to the court was the probate case on my dad's, that case, and

But, well, yeah, so, and then he said that, you know, that these probate issues are state

issues, and those have to be decided by the state, and the probate, the trustee wouldn't

want to deal with it because it's a big, nasty, hairy fight to fight over a probate and get

out of the probate case, and we realized that my brother had, as personal representative,

Was there probate for Wachovia?

Yeah, was there probate? Did Wachovia have a living will?

My great grandmother left the will to me, but we're in the middle of probate because

Can they do a foreclosure when part of that, uh, as the estate is in probate?

Wait a minute, is half of it in probate or is all of it in probate?

And your mother passed away and her half is in probate.

Probate is not an area I'm knowledgeable about, however, equity is equity.

get this probate done, but it's taking too long and I didn't qualify because of my disability.

Is there any way to speed up probate?

Probate, that's kind of a different thing.

That's why they're doing foreclosure because we still haven't gotten the probate out

If the probate goes out of the way, I get 50% of the property and then I can do something

Well, I haven't yet, but he refused to take the appeal, and the whole thing involves a probate case in Florida,

He's taken money out of the probate, and he has actually stolen money. He gave himself a promissory note for $2.7 million and then came here four and a half months later.

for crimes perpetrated against parties in the probate?

Probate specialist.

In mullest, this court quotes the distinction drawn by the Supreme Court and stump at 828 Federal Circuit 1389. If a probate judge with jurisdiction over only wills and estates should try a criminal case, he would be acting in the clear absence of jurisdiction and would not be immune from liability for his action.

This is an interesting standard when applied to federal judges. More like state probate courts than criminal courts, federal courts have limited jurisdiction in all cases in law or equity arising under this Constitution. Article 3, which they are sworn to support.

Article 4, when a case arising under this Constitution is brought to a federal judge and he decides it not according to the Constitution, but according to his own personal prejudice against poverty, that is much more akin to a probate court deciding a criminal case than a court of general jurisdiction making mistake about law or fat.

of going to probate, of all the assets going into probate, a corporation cannot do that.

a company so your assets don't go to probate, and you don't assign your claim to someone

probate, very, very near corrupt to the level of probate, but absolutely one of the worst

If I am an ordinary person and that is a part of my estate, then it goes in probate.

But if I'm a legal fiction corporation, LLC, a business of some type, I don't get to go to probate.

into probate. And if Danny is the beneficiary, now warranty deed to the property should transfer

Or does it have to all be settled by the executor before the probate closes out and the state

but went into some probate limbo, some legal fiction that is not a living human being and that

and is that something that can be inherited? And so I have the probate judge state that that

Yeah. But probate's still open, so it's settled.

But even so, if you're named as the heir of the estate, just because probate's open doesn't mean

another party can liquidate your estate before you can get it through probate.

they're saying that somebody can steal all this property while it's in probate and nobody would

And the probate court is trying to

the lender to the on the reverse mortgage. The lender is not in in the probate any.

Okay. And I'm confused. I'm not sure what's going on here. Is this a probate issue or have you

filed suit? Okay, I filed suit and then later on because the issues that came up open probate.

pending probate because absent probate you have no idea who had the court has no idea

you'll get probate open and would have had probate for the amount that they're except for this

can the probate court grant to me the state's claims on the property?

And you'll come across stuff, probate law or property code law, stuff that don't have anything to do with your issues.

What if the estate goes out of probate before the lawsuit's over?

Yeah, to some extent, but if that's right, it's for probate claims.

I said, yeah, maybe, but if that's the case, then what claim would there be after probate closes?

The claim they're making, if the court rules that the property belongs to the foreclosing agent, then even probate couldn't give you a claim.

If you can hang it in the courts until probate is over and probate assigns you all claims in the property.

There's nothing you could file with Court of Appeals. The only reason for claiming you didn't have standing is because of the probate.

Okay, so if you can get that probate done, then you should be able to jump right in there with standing.

I got probate open and then had the executor and I was pointing to the executor and then go back, well, you know, now we've got the executor and the judge coming back then.

So we really don't know how to answer that. You've got the dismissal. Yeah, and my other thought was we'll just let this go, get the other problems worked out with probate court and get it all finished.

The probate judge is awarding me the claims, any claims that might be on the property, how that order available, and then do a new action. Well, they're going to have a dismissal because the other ones with prejudice appeal that and then challenge the

because the clock is not running. So you install things long enough to get the probate ruling, then file an action based on the probate ruling and the non suit this original that's on appeal and start this thing over again or let the appeal

If Supreme Court was the one that will end your time to file, so statute of limitations is going to be told until your appeals are expired. So if you can get your position as from the probate court, you get standing from the probate court, then that's

an interesting issue. They're saying that at the time of the ruling, you didn't have standing. So how is your standing affected if the probate court grants you standing?

Does your standing back up to the original ruling? Or did you always have standing because you had a right to the claim? Or are they going to say you only accrued standing once the probate court ruled?

Is it clear what I'm getting at? I'm saying once the probate court rules and says, yeah, you have a claim here that you always had to claim, and it's only certified that you have the claim now. That's not when you accrued, you accrued when your mother died.

procedure and you'll get into sections about property and about probate that you really don't

So there's no probate. No one inherited the claim against the property.

occurs the other place is probate but this is where the opportunity for

There'll be sections in there about family law and sections about probate law. You don't care about those.

Then all of this has to go to probate, and the probate court will order them to return all of this stuff.

But since there's no will, everything goes to probate, and the probate court decides how things are.

I can't say definitively that what she keeps and what she doesn't, that would take a probate attorney.

So maybe I just want to maybe take this, even if it goes nowhere, this time we still have the probate option, obviously.

Because in the California probate laws, yeah.

It's under the probate code and it is for fraudulent transfer of the decedent property.

You're making a claim under a specific probate statute.

And under the probate law, Texas probate, I had full rights to, for everything in the house and the property for me to enjoy.

But probate and family are the most corrupt.

In probate, the lawyers get together and see what they can do to steal the entire estate.

And since it's a legal fiction, there is no probate.

But when a company dies, there's no probate.

go into probate.

So it's concerning probate.

I have very little knowledge of probate.

The one thing I know about probate is if there's any way you can avoid it

if it's in a trust, it doesn't go through probate.

But really, probate is too complex for a pro se to try to do it, frankly.

but pro se is, I mean, probate is something you need somebody who does it all the time to understand it.

and the notice to beneficiaries required by Section 128A of the Texas Probate Code.

That's supposed to be, according to 128A of the Texas Probate Code, the inventory appraisement and list of claims as required by law shall be...

So they shoot him in the head and they die. Well, when this person dies, it doesn't go to probate.

there's no probate when a legal function goes out of business.

and I die without transferring it to somebody else, it goes into probate. But if I'm a legal

fiction, my assets don't go into probate. If I die while still holding those assets,

And unlike a living, breathing human being, when a legal fiction dies, their assets don't go into probate.

So our argument was that since the person died and when a legal fiction dies, there is no probate.

then when they passed, their assets would go into probate.

A legal fiction person, their assets can't go into probate.

And has the property been through probate?

Yes. It's been probated since January 2012.

My uncle, the executor of my mother's estate, put it into probate in January of following after she passed away in November 2011.

But it was put through probate.

And what I'm hearing is it wasn't probated properly. It's just a huge mess.

It's a mess because he didn't really have interest when he filed for probate for the property.

And yeah, when we have a number of actors, this is a probate issue where the parents

And if he had been a guy and he died, his claim would have went into probate and went

And that person had certain rights, but that person doesn't get to go to probate.

And even if he's a dead guy, his whatever the issue is, whatever the legal right, it would have to go to probate if he's a human dead guy.

And there are certain things that can go to probate, certain things you can't.

And this is not a probate hearing.

So is there anything left of a dead guy other than a probate hearing?

whatever's on okay they took it out of probate so is he ruling that it only applies if the

used to be in the probate code 489 probate code and it said that in order to file a document

durable power of attorney filed in the record already well they moved it out of the probate

The Doable Power of Attorneys Act, whether it's been in the estate code or the probate

probate code, the only way it could be read to have substance is that anyone filing a

Otherwise, once the owner of the property died and the property went into probate, it's

So saying that it only applies to probate would give it no force and effect.

You would have to rule that it applies to any property that may go into probate.

It goes into probate.

When a legal fiction dies, there is no probate.

Then it goes to probate.

and codicles which will be in the probate code which may not have been an entire code unto itself back then,

In the case of a probate issue, when it comes to wills and things of that nature, unless you can get the will invalidated on some pretense,

And we didn't, by the way, we were not represented during the probate.

because they are one of the biggest leeches when it comes to things like this, but there are plenty of crooked probate attorneys.

One, you just said he's an adoption attorney, which means he's not a probate expert attorney.

Texas probate law changes all of the time, and you want to know why?

Once you have it, then you might consider finding a probate attorney.

A probate attorney is a fricking parasite.

probate court no this is a different judge oh probate no absolutely this the family court

probate court will not be the same judge but okay so people seem to think you have to have

with the judge about with his with that his mother won't let him so we tell the probate judge

rule in your favor anyway i think his judge that we have um for for the probate judge he would

help but i don't understand probate judge how's a probate judge involved in a family custody

a probate court it's r.i.p those are the three initials but he was um anyway that's that's the

court i don't know it's superior court i i guess it's the probate court and i call into the court

so this is this is something i'm not familiar with i have some familiarity with the probate courts

in california i'm working on a case now that's in probate but uh this is an issue i'm not familiar

with how the judge in probate handles guardianship right um they were fine with we released the

Well, no, this is still in the probate court.

It's still in probate.

They're trying to keep it out of the probate.

So now they made it an asset of the probate court.

I am a reporter by profession, and I was looking at a particular judge. His name was Judge James Michael Welch, and he was the head probate court judge for San Bernardino County.

start moving to family law, probate law.

What did your grandmother's property go into probate?

Okay. I put one together and I put it together for California. I have some people out there I'm working with and they're in a probate issue and the probate judges in San Diego County are absolutely known for being totally corrupt.

You quit claiming it doesn't go to probate, and when it goes to probate, the probate lawyers,

Okay, what if a person's in probate court

Probate courts are probably the most corrupt courts in the country

Because that's exactly what the probate courts and the family law courts are doing

Now, if you're a human and you die, your estate goes into probate because you have errors.

But a legal fiction, although it is termed a person, they don't go into probate. A legal

his asset goes into probate,

Probate.

Probate?

We don't have time, especially probate, probate complex.

Also, when a probate judge wants you to settle and you don't, and he gets mad at you and

It can take years to settle a descendant's estate through probate.

avoids probate.

Otherwise, if you die without, if everything is in your father's name, when he passes, if he doesn't have a will, it goes to probate.

Well, it doesn't, I'm not the probate expert.

County probate court, but I guess I need to go over, let everybody know what we're talking

That was written by King Eveston, the judge of probate court.

Probate court?

The probate aspect of this, for some reason they're going to try to adjudicate this in

the probate court and I had to go through the probate rules today and I sent you another

email about the probate rules.

A traffic citation prostituted in a probate court.

I was reading the rules of court in probate court here in the state of Georgia.

I did read first appearances slash examining trials and that was in the rules of probate court in the state of Georgia.

Since you're in the probate court, then the code is clear.

based on the removal, since it was so removed, they took the jurisdiction out of the probate court.

The person who responded to this was the judge of the probate court.

Well, I've called public officials, clerks of court, probate judge, Superior Clerk Court,

which is supposed to include the Superior Court judge, the probate judge, and whoever

There's probate judge.

of citizenship removal in the probate?

I asked him, was he a magistrate? He said he was the judge of the probate court today.

He was the probate judge.

According to the probate court law, the law says I'm supposed to show up for an arraignment

And also the probate court rules, which I was kind of confused on why I was having this

thing in a probate court.

But when you look at the probate court rules, it also says first appearance slash examining

Since I played innocent, they removed the case from the probate court to the superior

Perfect for a challenge to subject matter jurisdiction of the trial court, and charge the probate

Is the probate judge a lawyer as well?

I'm not sure what probate judge means in Georgia.

So do you know if the probate judge can be a lawyer?

You should file a subject matter jurisdiction challenge to the trial court, to the probate court.

What about on a conviction in, like per se, in this case me, I was, my conviction was probated.

It was probated for six months, and this is my big next question.

So you called into a probate court, did you look up the authority of the court in criminal

What I did look up was the jurisdiction of the court, of the probate court and the jurisdiction

of the probate court had three elements.

The probate court has to be within the count of, the offense has to have taken within the

county and within the town at the same time in order for the probate court to have jurisdiction

The town of the probate court, if it happens outside of the town of the probate court.

So is the probate court like a municipal court?

was the term, probate court, jurisdiction of probate court?

What you said sounds like probate court means municipal because its jurisdiction is restricted

to a municipal venue, this probate court, this probate in Georgia means something different

than it does in most other places because generally a probate court wouldn't be restricted

Well, there's some but steps with this thing, this probate court has jurisdiction over things

such as DNA testing and regular things that are associated with probate court, they have

And he looked at me and he said, no, I am the judge of the probate court.

I would definitely go after that probate judge.

And of course the attorneys love that because they got to probate the estate and bleed it dry for as long as possible while all this is going through litigation so people could argue over who had the valid wheel

But I did find those words in probate and other probate laws.

You can't, okay, you can't move, you can't, you couldn't support that position as the fiduciary in probate, you certainly can't bring that to family law.

Oh, well, if your brother's, I'm not sure how probate would work in New York.

So, I wouldn't be able to say because probate is another area.

And then codify each one of those contexts into a code, family code, probate code, criminal code,

And the family courts and the probate courts and the foreclosure courts,

Well it will go into probate since he had no will.

And you could advise your friend to direct any inquiries she has to the probate court

That will be done by the probate court.

So send them to the probate court and the probate court is likely to tell them to go scratch.

Yeah, the easiest way is just send her to the probate court.

The probate court will do what the probate court will do.

And if they want to make a claim, they can make it to the probate court.

I am limited and probate is one of the areas I'm not very knowledgeable about.

concerned about probate fraud we have lawyers and judges that are just

name because these judge probate judges and lawyers will steal everything you've

say DUI or other criminal cases or family law or probate law,

I just had a speaking engagement in Florida on the corruption in the probate courts.

It used to be that we had a statute on power of attorney, but it only went to probate.

About six years ago, they took it out of probate and put it in the general rules.

Recently, in Texas, they changed the law. There used to be a requirement for evidence of power of attorney, but that requirement was only in the probate code.

And a few years ago, the legislature took it out of the probate code and put it in the property code. So in order to file a document in the county recorder's office, you have to either be the principal,

prosecution as opposed to a family law proceeding or a probate proceeding.

They said, if the person is 18 years of age and you do not have any personal knowledge of them being a person of reprobate mind, liar, cheat, these social things,

Which is just outside of probate

Have you ever heard of a probate shark?

No, but I have, there is a very large group out there that are addressing the probate

Probate is probably as corrupt as family law

So there'll be no probate

But probate is really a problem, I haven't heard

You're probably speaking to something particular when you say probate shark

Because all these probate lawyers, they're just there to steal everything they can

To handle a probate case, does that sound about right?

Okay, Janet Phelan, she is the one that got me in contact with this probate group, I've had her on the show before

The probate group in Florida, she got me, she's trying to get me set up as a speaker there at a convention they were having in a similar east coast to Florida somewhere

But their big deal was, is the corruption in the probate courts

Well, I think it could be more than just the probate court, that has nothing to do with the probate chart

accusation have you been accused of some kind of a probate anomaly is this an issue with taxes

not everything is like Terry Mason. That's criminal. There's also tax law, probate law,

code uh not not family code but uh probate probate code now they moved it over to the estate code

And they had this guy in there over a probate issue with his mother's estate.

your son, one for the inheritance, the probate issue. We are out of time. We'll be back next week.

Yeah, it's presumed to be accurate. I was just reading a probate case.

Why? Because there was no probate. So there is no estate.

they know that my mom didn't have a will, so you can't probate something that doesn't exist.

That's why I didn't probate a will. I didn't go to court and do that. They kept telling me

I needed to do that, and I knew there was nothing to probate.

Town and village courts, city courts, surrogate courts, which is primarily probate,

And, and then he got called back to go to out of state again, deal with his mother had something out with some kind of a probate situation, he had to leave town again.

They get into family law and probate law and all kind of oddball stuff.

I read that to mean all of the different areas over which legislation or for which legislation is passed, criminal, civil, family, probate, all these different areas of law.

were in probate as well and she has the owner of the law firm as her attorney for a probate.

probate. That'll be two bar grieve inches, right? And you know when a lawyer that works for a law

Probate trust and fiduciaries.

That's specific to probate. The court has jurisdiction over all subject matter vested by Article 4 of the state constitution and by Articles 1 to 10 of Title 13 CRS, Civil Revised Statutes.

the judges of the statutory probate courts.

The associate judge's appointed by the judges of the statutory probate courts

probate section the probation section in the county i live in and the policeman showed up

When you get into probate issues, you get dirty rotten shyster lawyers.

Or, okay, has the family probated?

So I got the probate started, but we got the summary judgment on the property because nobody answered back for the whole year

of dictionaries, you know, a vesting deed is created so they could probate the property

I'm a little uncomfortable saying do this now, this is a probate case and they're generally long and arduous

And if some probate business comes up for the court, they can do that any time.

I know you don't do much with probate or anything,

but I'm trying to figure out how to mix the two worlds of civil and probate

because from what I understand about probate courts,

Yeah, I don't have much experience with probate at all.

Yeah, lawyers at probate do everything they can to swallow as much of the state as possible.

So if anybody out there has experience with probate,

Okay, so I may have two court filings, one in probate and one in civil

It depends. If a civil action, if you accrue a cause of action in a probate court,

I'm not sure if the probate can hear it or not.

Sure. So, I have been dealing with a probate case for almost four years now. The case has

the same judgment that they received in the probate court for a settlement for

received a judgment on settlement in the probate court. So, they tried to double dip. So,

to stop them from closing the probate because there's all these alleged claims, but none of

of fiduciary duty to stop the probate. But I want to try to get it out of the county. How do I do that?

child support, and then they applied it to probate. A bunch of stuff. But I think since

because it is a title 4d child support case and it's also probate case and they

the probate court and then stringing it along stringing along finding different

probate on Monday and no order or judgment has been put in when I filed my

fraud in the probate court in Broward County and I had to figure out a way to

Now, that order to close out the probate that went in today is, it's not,

Because they filed a petition to close, to finalize the probate petition

for final discharge of the probate.

with regards to the probate and the child support issues.

They went ahead and pushed through an order today to finalize the probate after I had

filed that declaratory judgment and submitted it into the probate court.

of the probate.

Is it a final judgment in the probate itself or is it just a final judgment on some aspect?

And they count on that, especially probate.

Probate is always about the lawyers stealing as much of the estate

Okay, so I file the interlocutory appeal in the probate,

but I file that appeal in the probate, not in the declaratory judgment case.

You want to stay the probate case,

it's separate from the probate case?

and ask the court to stay the proceedings in the probate case.

And in the probate case, the probate case, they issued the order this evening at 615,

said uh in the probate department interestingly enough because jason has been talking about

probate in florida uh they they are the department that handles guardianship and they said yeah we

i went into the probate department and they pulled out seven sheets of paper and said well

This lawyer has a probate issue, and someone's passed away and have this estate,

I don't know how probate works, but I'm assuming probate's pretty straightforward.

But if you make false statements to the state for a probate –

It's just that it's in probates, but I was just touching upon the idea of perjury,

And whether or not you have a will, the state will get involved with the probate department.

who have been in probate for six or seven years, nightmare scenarios, they do exist,

of being probated because you didn't own it, you died, the trust did not.

judicial system. Second, the second most corrupt being probate.

Oh yeah, probate. Yeah, where they get to steal everybody's money and estates. Yes.

No, remember I was talking about that probate thing out there and that's who you were telling

That probate thing is in California.

I can take on family law, probate law.

The ongoing criminal enterprise, it's going to be in the municipal court, the probate

So these third-party leases just come in there and just gives them the job, and the probate

It's the probate court out there in California, which they have no sense of jurisdiction.

The person who's blood-related is the superior rightful heir, not the state probate court

or the third-party probate leases and lawyers.

probate court, and that's not true.

Probate court's all about sales, and that's exactly what they did over my objection.

and that's family courts and probate.

I mean, not just the probate courts, but most of the courts are very much arbitrary, and

Probate.

People don't know anything about probate.

It's family and probate.

And if you want to shine the light of the corruption in the probate court, then one

Because her attorney is a probate attorney.

Learning counsel has to know contract law, family law, probate law, blah, blah, blah, blah.

regarding a probate case that we were oversighting and involved in. And it came out, the city gave

Yes. We have a real big problem in Dallas probate court.

was never signed after 30 days. So I asked Fisher to remove it. He then took me back to probate

can't swallow it and there is no probate because she has no property. It's all in the trust. She