See 3/31 and 3/29 updates below.
One of downtown Lexington's high falutin, probate-dealin' law firms - Williams, Stitely, and Brink - is not happy about a victim of the probate racket standing in front of their building directing folks to this blog. Some of them came out (dressed fit to kill, I might add), and Mr. Williams kindly informed me (never in a million years had I realized) that I was "standing in front of a law firm." It seems his wife - and by extension Mr. Williams himself - were unhappy about my presence, and never mind my first amendment rights or the fact that I'm not touching their property. Mr. Williams thought it would be better if I protested in front of the South Carolina Statehouse (better for me, 'cause "you can't change anything here in Lexington"), or that I should at least move back to my former location across the street, where I would be "nearer to the probate court." He absurdly mentioned the word "ripoff" being on one side my sign (it's presented as part of this blog's address), admitted that they handled probate cases, but emphasized that they didn't "rip anyone off." I wuz glad to hear that.
Watchin' 'em squirm was reminiscent of that movie about the lawyer who was suddenly bewitched by honesty and had to tell the truth. "Liar Liar," starring Jim Carrey, is one of the best films ever.
I chose the new location for best exposure, but told 'em I thought their law firm provided a nice backdrop for my efforts. I suggested they call Senator Setzler and tell him to clean up the probate racket and reply to my email. But alas. They didn't think Tricky Nikki wuz gonna "do anything." In other words, all they can figure out to do regarding the probate racket is to rake in profits. They never evidenced any concern for the plight of folks who had lost loved ones being treated like dirt, or the fleecing of inheritances. This blog - which Mr. Williams claimed to have visited - was "interesting," which of course is a nice, non-committal way of putting it from folks who are satisfied with the status quo.
Here's the deal:
Victims of the probate racket are supposed to forever tuck their tails. They're to keep their heads bowed (lest they make eye contact with an overlord like Senator Setzler), keep their mouths shut, hand over a chunk of their inheritance when told to, and tolerate any kind of disrespect South Carolina's corrupt power structure sees fit to hurl at a racket victim's deceased loved ones. Downright dirty shame that a lowly racket victim would have the audacity to stand in front of a prestigious, probate-dealing law firm's building and publicly object to such treatment after being stonewalled by the legislative gang (racket victims should be able to take a hint), and while mainstream media big shots like WIS-10 do their best to keep the probate racket quiet.
Quick, someone: Think of a way to persuade that pesky racket victim not to protest in front of our law firm. Racket victims aren't supposed to come around unless they're ready to hand over a portion of their inheritance.
I wish Tricky Nikki's law firm was more conspicuous, more "out in the open" so to speak, faced a road with a higher traffic count, and vehicles didn't pass by the joint quite so fast. Don't get me wrong: Senator Setzler's firm - the guy is one callous, conniving little jerk if ever there was - is quite suitable for picketing. But for my primary intents and purposes, protesting the probate racket in front of Williams, Stitley, and Brink's firm is the hands down better choice, and they might wanna look at it this way: They're performing a charitable service by preventing other probate-dealing law firms from being bothered by an uncooperative racket victim.
Who knows? Maybe Williams, Stitely, and Brink can even come up with a tax deduction.
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 email expressing your sentiments about the probate/trust racket.
3/31/2017 update - 3/30/2017 article exposes Senator Setzler as "Public officials report private sources of income for 1st time." There's a profound CONFLICT OF INTEREST when attorney-legislators support laws that help to provide private income.
3/29/2017 updates -
> Protested in front of Williams, Stitley, Brink for 5 hours. GREAT encouragement from motorists, a million thanks to the many who signaled support. BLOG VISITS HAVE SOARED.
> Senator Setzler introduced a bill (See S. 589) similar to the one introduced last year by Kenny Bingham. It's another watered-down effort at reform, probably destined to die in committee. The objective isn't to introduce bills, the objective is to simplify the probate process, and ELIMINATE time limits on wills. I was notified of Senator Setzler's bill by someone in his office, and replied accordingly. Where is mainstream media? Why isn't the public being informed of what's going on? This update was delayed because I took time to confirm the authenticity of the notification I received.
3/27/2017 updates -
> Sent Senator Setzler a link to this post via SC Legislature Online and Twitter.
> Tweeted a link to Governor McMaster as Twitter.
Showing posts with label inheritance. Show all posts
Showing posts with label inheritance. Show all posts
Monday, March 27, 2017
Monday, April 4, 2016
10 year limit for probating wills is one of many horrors facing heirs
Update 4/26/2017 - Senator Nikki Setzler, one of South Carolina's most influential lawmakers, has NOW BEEN EXPOSED for his CONFLICT OF INTEREST. He derives income from his probate-dealing law firm.
"In most areas of this country, the probate process is a scandal, a form of tribute levied by the legal profession upon the estates of its victims both living and dead." - editorial by Norman F. Dacey, author of How to Avoid Probate. (Updated in 1984 and 1990)
It's been kept remarkably quiet - everyone I've mentioned it to is shocked and dismayed - but South Carolina has a 10 year limit - beginning on a decedent's date of death - for probating a will. The law allows no exceptions and was passed in 1986, the year the legislature ushered in a slew of lawyer-serving complexities - effective 7/1/87 - for anyone attempting to claim an inheritance. Enter a sadistic little "gotcha" game, whereby unsuspecting heirs are told that a decedent's will is no longer valid, "Deeming" a decedent to have died without a will opens up a lawyer's smorgasbord of legal complexities, including court appearances, court fees, intricate filing requirements (ever tried filing a lis pendens with a circuit court?), and the preparation of documents you won't find on the Internet. The matter - petitioning the Court for a Determination of Heirs - is suddenly beyond the expertise of most folks, and attorney fees to settle the simplest of such situations are in the $2,000 range. After considering what's involved - make a mistake and the entire process starts over again - if you still dare to attempt to exercise your right to represent yourself, don't be surprised if you're pressured by court personnel to hire an attorney.
The 10-year scam - many states (including Florida, Oregon, and Virginia) have no time limits for probating wills, and Pennsylvania has a limit of 21 years - is only the tip of the iceberg when it comes to legislation promoting the interests of attorneys. Lexington County affords a good example. People attempting to probate estates - even if there's a will - are immediately clobbered with thick packets of multi-colored forms that are written in legalese, demand mind-boggling detail (the "Inventory and Appraisement" form, for example, is a product of the SC Tax Commission) and each form has to be notarized. You may be hit with additional forms depending on your situation. Miss any filing deadlines, and an Executor (now called a Personal Representative) is subject to paying penalties. A person must even file a written, notarized application to be appointed Personal Representative regardless of whether or not the person is named Executor or Personal Representative in a will. Here again, if you make an error on any of the forms, the entire form must be filled out again and notarized again. The "message," of course, is to hire an attorney, and to drive the point home, each form has a place for an attorney's signature. If you go that route, even for the simplest of cases, prepare to shell out in the vicinity of $700.
Don't think you'll escape the probate nightmare simply because the names of heirs are listed on a real estate deed. A Supreme Court decision closed that threat to the probate process. If your deed doesn't include the phrase "with right of survivorship" or similar language, you're out of luck. J. Kristi Hood, author of Probate Pirates, sums things up in her title to chapter one: "It's all about the money all of the time."
In past years, probating an inheritance in South Carolina was relatively simple, but now the process averages an entire year. Some estates have allegedly been tied up in probate for 10 years and are still unresolved. As for trusts, they've been turned into yet another money-making scheme for lawyers offering to "protect" consumers from the "horrors of probate." Talk about a racket. In his book, "Of the Sharks, By the Sharks, For the Sharks - The Death of Justice," Paul Sharp offers an apt summary regarding Trusts. As things now stand in South Carolina, the "probate pirates" have "gotcha" one way or the other.
Meanwhile, as allegations of public corruption in the SC General Assembly make headlines, news media - most notably, perhaps, the South Carolina Policy Council - continue to keep things quiet about the state's probate racket.
Remember: YOUR TAX DOLLARS pay for probate, and it should be an inexpensive, viable alternative to setting up trusts.
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 4/5/2016 - A million thanks to the many folks who signaled their support as I picketed in front of Lexington County Probate Court yesterday afternoon. Probate rackets exploit the vulnerabilities of people struggling through the bereavement process, and mainstream media keeps things quiet.
Update 4/8/2016 - Thanks to everyone who offered support as I picketed again yesterday.
"In most areas of this country, the probate process is a scandal, a form of tribute levied by the legal profession upon the estates of its victims both living and dead." - editorial by Norman F. Dacey, author of How to Avoid Probate. (Updated in 1984 and 1990)
It's been kept remarkably quiet - everyone I've mentioned it to is shocked and dismayed - but South Carolina has a 10 year limit - beginning on a decedent's date of death - for probating a will. The law allows no exceptions and was passed in 1986, the year the legislature ushered in a slew of lawyer-serving complexities - effective 7/1/87 - for anyone attempting to claim an inheritance. Enter a sadistic little "gotcha" game, whereby unsuspecting heirs are told that a decedent's will is no longer valid, "Deeming" a decedent to have died without a will opens up a lawyer's smorgasbord of legal complexities, including court appearances, court fees, intricate filing requirements (ever tried filing a lis pendens with a circuit court?), and the preparation of documents you won't find on the Internet. The matter - petitioning the Court for a Determination of Heirs - is suddenly beyond the expertise of most folks, and attorney fees to settle the simplest of such situations are in the $2,000 range. After considering what's involved - make a mistake and the entire process starts over again - if you still dare to attempt to exercise your right to represent yourself, don't be surprised if you're pressured by court personnel to hire an attorney.
The 10-year scam - many states (including Florida, Oregon, and Virginia) have no time limits for probating wills, and Pennsylvania has a limit of 21 years - is only the tip of the iceberg when it comes to legislation promoting the interests of attorneys. Lexington County affords a good example. People attempting to probate estates - even if there's a will - are immediately clobbered with thick packets of multi-colored forms that are written in legalese, demand mind-boggling detail (the "Inventory and Appraisement" form, for example, is a product of the SC Tax Commission) and each form has to be notarized. You may be hit with additional forms depending on your situation. Miss any filing deadlines, and an Executor (now called a Personal Representative) is subject to paying penalties. A person must even file a written, notarized application to be appointed Personal Representative regardless of whether or not the person is named Executor or Personal Representative in a will. Here again, if you make an error on any of the forms, the entire form must be filled out again and notarized again. The "message," of course, is to hire an attorney, and to drive the point home, each form has a place for an attorney's signature. If you go that route, even for the simplest of cases, prepare to shell out in the vicinity of $700.
Don't think you'll escape the probate nightmare simply because the names of heirs are listed on a real estate deed. A Supreme Court decision closed that threat to the probate process. If your deed doesn't include the phrase "with right of survivorship" or similar language, you're out of luck. J. Kristi Hood, author of Probate Pirates, sums things up in her title to chapter one: "It's all about the money all of the time."
In past years, probating an inheritance in South Carolina was relatively simple, but now the process averages an entire year. Some estates have allegedly been tied up in probate for 10 years and are still unresolved. As for trusts, they've been turned into yet another money-making scheme for lawyers offering to "protect" consumers from the "horrors of probate." Talk about a racket. In his book, "Of the Sharks, By the Sharks, For the Sharks - The Death of Justice," Paul Sharp offers an apt summary regarding Trusts. As things now stand in South Carolina, the "probate pirates" have "gotcha" one way or the other.
Meanwhile, as allegations of public corruption in the SC General Assembly make headlines, news media - most notably, perhaps, the South Carolina Policy Council - continue to keep things quiet about the state's probate racket.
Remember: YOUR TAX DOLLARS pay for probate, and it should be an inexpensive, viable alternative to setting up trusts.
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 4/5/2016 - A million thanks to the many folks who signaled their support as I picketed in front of Lexington County Probate Court yesterday afternoon. Probate rackets exploit the vulnerabilities of people struggling through the bereavement process, and mainstream media keeps things quiet.
Update 4/8/2016 - Thanks to everyone who offered support as I picketed again yesterday.
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