Update 2/15/2019 - The so-called Freedom Action Network (FAN) of South Carolina is refusing to publish my submitted post on their Facebook page warning South Carolinians that time limits have been placed on wills. Maybe FAN has bosses in the SC legislature that won't let 'em spread the word.
"...they cannot rescue themselves via the voting booth. In my opinion, the American people will remain serfs until they wake up to Revolution." - Former Assistant Secretary of the Treasury Dr. Paul Craig Roberts
It's been a hoot watching the charade of silence surrounding South Carolina's probate racket. From Governor Haley to mainstream media, the guideline is "keep it quiet," and news blackouts are in full swing, most notably, perhaps, by South Carolina's "News Leader," WIS-10. Even the SC Policy Council dares not address the issue. I've sent both of these "news" organizations links to this blog. A Facebook message (with a link to this blog) to the local radio show, "Return to Joy," - which purports to help folks struggling through the process of bereavement - got no reply.
A couple of months ago, I tuned in to another local radio spot, Frankie Griffin's "Success in Real Estate Show," and was treated to blabberings from a spokesperson for Caldwell, Inc., extolling the virtues of setting up trusts to avoid probate. How the taxpayer-funded nightmare of probate got started in South Carolina wasn't mentioned, and a "caller" chimed in with remarks about how simply having a will no longer offered any assurance that the probate process would be reasonably simple. Interesting that Caldwell, Inc. was founded shortly before the SC legislature turned the taxpayer-funded probate process into an attorney-serving nightmare for heirs. Realtor Frankie Griffin, incidentally, also promotes Homeowners' Associations (HOAs) - I call 'em neighborhood gangs - and he's quick to point out that HOAs have been granted police powers and can file liens and foreclose on properties.
Ah, that orchestrated effort at brainwashing a gullible, cowardly public. The "Home of the Brave" is apparently scared to death of a gang of self-serving attorneys in the legislature, not to mention the American Bar Association.
Meanwhile, Kenny Bingham's bill regarding time limits on wills never even got a hearing in the House Judiciary Committee. The effort at keeping things quiet regarding Chairman Bingham's watered-down bill - time limits on wills need to be abolished, not reformed - have been incredibly successful, and as things unfolded, I realized just how determined South Carolina's corrupt power structure is to bury the issue. The realization prompted me to re-publish a post I had previously removed, and include a detailed explanation of how the came to be published.
In my open remarks to Senator Setzler, I asked what it will take for the taxpaying public to get some fundamental decency out of this government. But here's a better question:
How much longer will the taxpaying public sacrifice its time, money, and effort at the alter of a pervasively corrupt power structure?
What YOU can do:
> Spread the word about the probate/trust racket. Most folks don't find out about the attorney-generated horrors of probate until they are struggling through the bereavement process, and shock value is a key part of the effort to browbeat people into hiring a probate attorney.
> If you need help with non-probate matters, avoid using attorneys who advertise that they specialize in probate. Many attorneys refuse to get involved in the probate racket, and one of them told me with a wink, "It's a 'highly specialized' area of law."
> Refuse to be bullied by the attorney-generated horrors of probate into paying attorneys to set up trusts. Probate is financed with tax dollars, and should be an inexpensive, viable alternative to setting up trusts. Executors (now called Personal Representatives) shouldn't need a law degree to probate an inheritance.
> Cut costs by downloading your own estate documents - especially wills - from the Internet. Paying probate attorneys outlandish fees to "draw up a will" is risky business, because attorney-legislators have a vested interest in nullifying wills.
> Last - and what certainly shouldn't be least (but probably is) - send "your representatives" an e-mail expressing your sentiments about the probate/trust racket.
Update 12/19/2017 - According to the SC Secretary of State, the SC Policy Council's president, Ashley Landess, is paid a whoppin' $104,681 per year. No wonder the Council wants people to donate. I blogged about Ms. Landess' absurd response to SC's nuclear power scandal.
Update 4/18/2017 - The probate-dealing law firm - Williams, Stitely, and Brink - that I've been protesting in front of across from the Lexington Probate Court sure has gone silent since I exposed what they said to me about my presence.
Update 2/23/2017 - Today I stood in front of the SC State House holding up a sign that directed folks to this blog, and it was a hoot watching a WIS-10 "news" crew drive nonchalantly by, apparently knowing better than to investigate and submit a story.
Update 1/27/2017 - In addition to having a slew of attorney-legislators, South Carolina now has an attorney-governor. Henry McMaster has yet to breathe a word about the probate racket.
Update 6/9/2016 - Dr. Paul Craig Roberts references a great article that discusses efforts to keep the public unaware of corrupt laws. South Carolina's probate racket epitomizes this sorry state of affairs.
Update 7/14/2016 - Caldwell, Inc. recently came up with a new radio ad. Their previous ad belted out "Probate is avoidable, peace of mind is attainable," but any reference to probate has now been removed. My, my, wonder why.
Showing posts with label HOAs. Show all posts
Showing posts with label HOAs. Show all posts
Wednesday, June 8, 2016
Tuesday, April 26, 2016
Bill to help victims of 10 yr limit on wills inexcusably delayed
Update 1/20/2017 - Rep. Bingham has retired, and I've heard nothing further about the bill he introduced.
Update 5/13/2016 - I inquired, and attorney Emma Dean says the bill remains in the Judiciary Committee - it's now been there over a month - and I "will be notified IF (emphasis mine) it receives a hearing." If the bill doesn't pass during the current legislative session, it will have to be reintroduced next session. Looks like a case of "too little, too late."
It's not as though the bill makes any earthshaking changes. All it does is give probate courts discretion in deciding whether to apply South Carolina's 10 year limit on probating wills.
The bill was introduced in the House April 12, 2016, and continues to "reside" in the Judiciary Committee. I understand the procedure, and that it takes time for a committee to examine a bill. But this bill is as simple and straightforward as it gets, the current legislative session ends in early June, and any delay is inexcusable. If those involved had the best interests of South Carolinians at heart, the bill would have been passed posthaste.
Point is, there was never a need to have time limits on wills. Many other states don't have such limits, neither should South Carolina. Time limits on wills serve the interests of nobody other than probate attorneys, many of whom have wormed their way into the South Carolina legislature and have turned the probate process into nothing more than a money-making racket.
I'll reiterate what I previously wrote:
It is becoming obvious that we now live in an oligarchy run by special interests. In South Carolina, we are confronted not only by the probate/trust racket, but also by a gang of "legislators" who won't repair the roads, waste tax dollars on roundabouts, and have turned a deaf ear to widespread public outrage over homeowners associations (HOAs).
One thing's for sure:
Only a gang of subhuman monsters would line their own pockets by leveraging tax dollars to torment people struggling through the process of bereavement.
What YOU can do:
> Spread the word about the probate/trust racket. Most folks don't find out about the attorney-generated horrors of probate until they are struggling through the bereavement process, and shock value is a key part of the effort to browbeat people into hiring a probate attorney.
> If you need help with non-probate matters, avoid using attorneys who advertise that they specialize in probate. Many attorneys refuse to get involved in the probate racket, and one of them told me with a wink, "It's a 'highly specialized' area of law."
> Refuse to be bullied by the attorney-generated horrors of probate into paying attorneys to set up trusts. Probate is financed with tax dollars, and should be an inexpensive, viable alternative to setting up trusts. Executors (now called Personal Representatives) shouldn't need a law degree to probate an inheritance.
> Cut costs by downloading your own estate documents - especially wills - from the Internet. Paying probate attorneys outlandish fees to "draw up a will" is risky business, because attorney-legislators have a vested interest in nullifying wills.
> Last - and what certainly shouldn't be least (but probably is) - send "your representatives" an e-mail expressing your sentiments about the probate/trust racket.
Update 5/13/2016 - I inquired, and attorney Emma Dean says the bill remains in the Judiciary Committee - it's now been there over a month - and I "will be notified IF (emphasis mine) it receives a hearing." If the bill doesn't pass during the current legislative session, it will have to be reintroduced next session. Looks like a case of "too little, too late."
It's not as though the bill makes any earthshaking changes. All it does is give probate courts discretion in deciding whether to apply South Carolina's 10 year limit on probating wills.
The bill was introduced in the House April 12, 2016, and continues to "reside" in the Judiciary Committee. I understand the procedure, and that it takes time for a committee to examine a bill. But this bill is as simple and straightforward as it gets, the current legislative session ends in early June, and any delay is inexcusable. If those involved had the best interests of South Carolinians at heart, the bill would have been passed posthaste.
Point is, there was never a need to have time limits on wills. Many other states don't have such limits, neither should South Carolina. Time limits on wills serve the interests of nobody other than probate attorneys, many of whom have wormed their way into the South Carolina legislature and have turned the probate process into nothing more than a money-making racket.
I'll reiterate what I previously wrote:
It is becoming obvious that we now live in an oligarchy run by special interests. In South Carolina, we are confronted not only by the probate/trust racket, but also by a gang of "legislators" who won't repair the roads, waste tax dollars on roundabouts, and have turned a deaf ear to widespread public outrage over homeowners associations (HOAs).
One thing's for sure:
Only a gang of subhuman monsters would line their own pockets by leveraging tax dollars to torment people struggling through the process of bereavement.
What YOU can do:
> Spread the word about the probate/trust racket. Most folks don't find out about the attorney-generated horrors of probate until they are struggling through the bereavement process, and shock value is a key part of the effort to browbeat people into hiring a probate attorney.
> If you need help with non-probate matters, avoid using attorneys who advertise that they specialize in probate. Many attorneys refuse to get involved in the probate racket, and one of them told me with a wink, "It's a 'highly specialized' area of law."
> Refuse to be bullied by the attorney-generated horrors of probate into paying attorneys to set up trusts. Probate is financed with tax dollars, and should be an inexpensive, viable alternative to setting up trusts. Executors (now called Personal Representatives) shouldn't need a law degree to probate an inheritance.
> Cut costs by downloading your own estate documents - especially wills - from the Internet. Paying probate attorneys outlandish fees to "draw up a will" is risky business, because attorney-legislators have a vested interest in nullifying wills.
> Last - and what certainly shouldn't be least (but probably is) - send "your representatives" an e-mail expressing your sentiments about the probate/trust racket.
Monday, April 18, 2016
Legal Aid? No, Mr. "Ethics" Chairman. What I need is a government with fundamental decency.
Update 6/3/2016 - On 4/20/16, bewildered by the strange sequence of events, I removed this post. I've decided to re-publish it, along with a detailed explanation of what happened.
I first contacted Kenny Bingham on 2/25/16, and received the insulting "legal aid" e-mail from Emma Dean (copy to Kenny) on 3/15/16. I immediately replied that I didn't qualify for legal aid. On 3/29/16, I asked attorney Dean for the status of Rep. Bingham's bill, and got no reply. On 4/4/16, having heard nothing from attorney Dean, I published this blog, and on 4/5/16, I sent a blog link to attorney Dean (copy to Kenny Bingham).
I heard nothing more from attorney Dean until 4/20/16, which was two days after this post was publicized on Blogger, Facebook, and Twitter, including links to Governor Haley, and the blog had received over 200 visits. On 4/20/16 at 8:37 AM, I received an e-mail from attorney Dean informing me that Kenny Bingham's bill had been submitted to the House Judiciary Committee on 4/12/16. Bewildered, but willing to give them the benefit of a doubt, I then removed this post and published a post thanking Chairman Bingham and attorney Dean for their efforts.
There seems to be a concerted effort - from the legislature to mainstream media - to "keep it quiet" regarding anything relevant to South Carolina's probate/trust racket.
Before publishing this blog, I e-mailed Kenneth A. "Kenny" Bingham (House Representative for my district, and chairman of the Ethics Committee), asking if any efforts were underway to eliminate placing time limits on wills. I mentioned that many states had no limits, and he asked for specifics regarding my situation. Here's a copy of my reply:
Dear Mr. Bingham,
Many thanks for your interest and your efforts.
I'm an only child, sole heir, age 70, and have lived in South Carolina most of my life. My mother died in 2002 at age 86, a year after my dad was diagnosed with Alzheimer's. The property deed is in all three of our names (we each purchased a third), and each of us had wills leaving our share to each other and naming each other as executors. We all three lived at the residence since purchasing it in the late 70s, and all financial accounts were joint with right of survivorship.
When my mother died, I was devastated, but I was honored to accept full-time-care-giving-duties for my dad. I was totally unfamiliar with the probate process - all relatives are in distant states out west - and I could discern no immediate reason to have my mother's will probated. To the best of my knowledge, the matter involved no time limits and could be resolved by little more than taking death certificates to the Register of Deeds. In 2010, my dad died at home at age 92.
Several years after my dad died, I contacted Lexington County Probate Court and was told that my mother's will was no longer valid and I would have to hire a lawyer. I was told that I could not represent myself in the matter - something I now know is technically incorrect, but intestate requirements (Determination of Heirs) are indeed beyond the expertise of most folks. Attorney fees to resolve my situation are in the $2,000 range, and as you may imagine, I have been in quite a quandary regarding how to proceed.
I think my situation demonstrates that each case is unique. This is no doubt why other states - including Florida, Virginia, and Oregon - have no time limits, and why Pennsylvania has a limit of 21 years. Everyone I've spoken with is unaware of South Carolina's current 10-year limit and is shocked and dismayed to learn of it. I don't think South Carolina had any such limits prior to 1986.
Any assistance you can offer will be deeply appreciated.
Sincerely,
Parris Boyd
The "ethics" chairman referred me to Emma Dean, an attorney (of course), and the two of them put on an award-winning "we'll-try-to- help" performance that would have made any politician proud. Their "encouraging" e-mails went on for about two and a half weeks, suddenly culminating in an absurd and insulting e-mail from attorney Dean (copy to Kenny) suggesting that I contact legal aid services to see if I qualified. This was followed by their refusal to reply to any of my subsequent e-mails.
Perhaps the "ethics" chairman and attorney Dean were offended that anyone would dare to address the nonsensical nature of placing time limits on wills, and the outlandish fees probate attorneys are raking in to "resolve" such matters.
It is becoming obvious that we now live in an oligarchy run by special interests. In South Carolina, we are confronted not only by the probate/trust racket, but also by a gang of "legislators" who won't repair the roads, waste tax dollars on roundabouts, and have turned a deaf ear to widespread public outrage over homeowners' associations (HOAs).
One thing's for sure:
Only a gang of subhuman monsters would line their own pockets by leveraging tax dollars to torment people struggling through the process of bereavement.
What YOU can do:
> Spread the word about the probate/trust racket. Most folks don't find out about the attorney-generated horrors of probate until they are struggling through the bereavement process, and shock value is a key part of the effort to browbeat people into hiring an attorney.
> If you need help with non-probate matters, avoid using attorneys who advertise that they specialize in probate. Many attorneys refuse to get involved in the probate racket, and one of them told me with a wink, "It's a 'highly specialized' area of law."
> Refuse to be bullied by the attorney-generated horrors of probate into paying attorneys to set up trusts. Probate is financed with tax dollars, and should be an inexpensive, viable alternative to setting up trusts. Heirs shouldn't need a law degree to probate an inheritance.
> Cut costs by downloading your own estate documents - especially wills - from the Internet. Paying probate attorneys outlandish fees to "draw up a will" is risky business, because attorney-legislators have a vested interest in nullifying wills.
> Last - and what certainly shouldn't be least (but probably is) - send "your representatives" an e-mail expressing your sentiments about the probate/trust racket.
I first contacted Kenny Bingham on 2/25/16, and received the insulting "legal aid" e-mail from Emma Dean (copy to Kenny) on 3/15/16. I immediately replied that I didn't qualify for legal aid. On 3/29/16, I asked attorney Dean for the status of Rep. Bingham's bill, and got no reply. On 4/4/16, having heard nothing from attorney Dean, I published this blog, and on 4/5/16, I sent a blog link to attorney Dean (copy to Kenny Bingham).
I heard nothing more from attorney Dean until 4/20/16, which was two days after this post was publicized on Blogger, Facebook, and Twitter, including links to Governor Haley, and the blog had received over 200 visits. On 4/20/16 at 8:37 AM, I received an e-mail from attorney Dean informing me that Kenny Bingham's bill had been submitted to the House Judiciary Committee on 4/12/16. Bewildered, but willing to give them the benefit of a doubt, I then removed this post and published a post thanking Chairman Bingham and attorney Dean for their efforts.
There seems to be a concerted effort - from the legislature to mainstream media - to "keep it quiet" regarding anything relevant to South Carolina's probate/trust racket.
Before publishing this blog, I e-mailed Kenneth A. "Kenny" Bingham (House Representative for my district, and chairman of the Ethics Committee), asking if any efforts were underway to eliminate placing time limits on wills. I mentioned that many states had no limits, and he asked for specifics regarding my situation. Here's a copy of my reply:
Dear Mr. Bingham,
Many thanks for your interest and your efforts.
I'm an only child, sole heir, age 70, and have lived in South Carolina most of my life. My mother died in 2002 at age 86, a year after my dad was diagnosed with Alzheimer's. The property deed is in all three of our names (we each purchased a third), and each of us had wills leaving our share to each other and naming each other as executors. We all three lived at the residence since purchasing it in the late 70s, and all financial accounts were joint with right of survivorship.
When my mother died, I was devastated, but I was honored to accept full-time-care-giving-duties for my dad. I was totally unfamiliar with the probate process - all relatives are in distant states out west - and I could discern no immediate reason to have my mother's will probated. To the best of my knowledge, the matter involved no time limits and could be resolved by little more than taking death certificates to the Register of Deeds. In 2010, my dad died at home at age 92.
Several years after my dad died, I contacted Lexington County Probate Court and was told that my mother's will was no longer valid and I would have to hire a lawyer. I was told that I could not represent myself in the matter - something I now know is technically incorrect, but intestate requirements (Determination of Heirs) are indeed beyond the expertise of most folks. Attorney fees to resolve my situation are in the $2,000 range, and as you may imagine, I have been in quite a quandary regarding how to proceed.
I think my situation demonstrates that each case is unique. This is no doubt why other states - including Florida, Virginia, and Oregon - have no time limits, and why Pennsylvania has a limit of 21 years. Everyone I've spoken with is unaware of South Carolina's current 10-year limit and is shocked and dismayed to learn of it. I don't think South Carolina had any such limits prior to 1986.
Any assistance you can offer will be deeply appreciated.
Sincerely,
Parris Boyd
The "ethics" chairman referred me to Emma Dean, an attorney (of course), and the two of them put on an award-winning "we'll-try-to- help" performance that would have made any politician proud. Their "encouraging" e-mails went on for about two and a half weeks, suddenly culminating in an absurd and insulting e-mail from attorney Dean (copy to Kenny) suggesting that I contact legal aid services to see if I qualified. This was followed by their refusal to reply to any of my subsequent e-mails.
Perhaps the "ethics" chairman and attorney Dean were offended that anyone would dare to address the nonsensical nature of placing time limits on wills, and the outlandish fees probate attorneys are raking in to "resolve" such matters.
It is becoming obvious that we now live in an oligarchy run by special interests. In South Carolina, we are confronted not only by the probate/trust racket, but also by a gang of "legislators" who won't repair the roads, waste tax dollars on roundabouts, and have turned a deaf ear to widespread public outrage over homeowners' associations (HOAs).
One thing's for sure:
Only a gang of subhuman monsters would line their own pockets by leveraging tax dollars to torment people struggling through the process of bereavement.
What YOU can do:
> Spread the word about the probate/trust racket. Most folks don't find out about the attorney-generated horrors of probate until they are struggling through the bereavement process, and shock value is a key part of the effort to browbeat people into hiring an attorney.
> If you need help with non-probate matters, avoid using attorneys who advertise that they specialize in probate. Many attorneys refuse to get involved in the probate racket, and one of them told me with a wink, "It's a 'highly specialized' area of law."
> Refuse to be bullied by the attorney-generated horrors of probate into paying attorneys to set up trusts. Probate is financed with tax dollars, and should be an inexpensive, viable alternative to setting up trusts. Heirs shouldn't need a law degree to probate an inheritance.
> Cut costs by downloading your own estate documents - especially wills - from the Internet. Paying probate attorneys outlandish fees to "draw up a will" is risky business, because attorney-legislators have a vested interest in nullifying wills.
> Last - and what certainly shouldn't be least (but probably is) - send "your representatives" an e-mail expressing your sentiments about the probate/trust racket.
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