Economics

Perils of Probate

Published

10 years ago

March 21, 2016

In the early 1900s in the Bay Area, African-American lawyers were unwelcome and faced hostile opposition in the legal community.

It was not until 1943 that the American Bar Association allowed Black Attorneys into their organization, and although local bar associations admitted Blacks, their practice was restricted.

In 1955, the first African-American Bar Association, the Charles Houston Law Club, was formed in the Bay Area by 32 African American lawyers. Many went on to become judges, ambassadors, mayors, county supervisors and successful businessmen.

One of those founders was attorney Hiawatha T. Roberts, an advocate and champion of civil rights causes during the 62 years of his career.

Known for his “solo guerrilla lawyering” tactics, Roberts, guided by G.B. Gipson, of the East Bay Democratic Club and Assemblyman Byron Rumford, fought for the integration of the drug store at 13th and Broadway in Oakland that for years had refused service to Blacks.

Roberts served as general counsel for the United Auto Worker (UAW), obtaining integrated housing for minorities near the Ford plant in Milpitas.

He integrated the realtor organization so that Blacks could become members, assisting Ray Collins’ appointment as president to the Alameda County Board. To assure a fair price for homes, Roberts represented Russell City African American’s facing annexation to the City of Hayward, who previously were offered pennies on the dollar in order to use the property to build houses for white folks.

In 1958, Roberts turned from criminal to civil court practice. From 1956 to the present, he has practiced probate law where he discovered discriminatory practices and a “white male only” policy that has denied him fees of approximately $1 million.

Racial discrimination against him began in 2008 while representing Milburn Fort, who died with a $200,000 Deed of Trust on his condo on Lake Merritt.

Upon Fort’s death, the $200,000 dollar lien was on the property, with no written document it secured. This made transfer of the property or the closing of the estate impossible.

It took 17 years of litigation to find the secret judgment regarding the note on the property.

Judge Marshall Whitley, an African-American seated in Probate court, encouraged Roberts to proceed to litigate the matter to conclusion although the estate had run out of money.

Roberts invested $65,000 of his personal money and incurred fees exceeding $235,000. On the eve of closing the estate, Judge Whitley removed Fort’s son as executor, denying the son access to the property even though his nephew had offered $400,000.

The judge appointed attorney Dwayne Leonard as special administrator, who sold the property for $300,000. He then paid off liens and inferior claims to creditors with the exception of Roberts, who he allowed $11,000 on his claim of over $300,000, a priority claim by law.

“When Black lawyers in Alameda County are representing clients, the judge inevitably appoints a court representative for the estate,” said Roberts.

“ There is a 25 court appointed attorney (on a) list – all white males – and those white administrators often make no effort to represent the desires of family members desiring to keep their property.

“They request exorbitant fees while cutting Black attorney fees 40 percent to 50 percent, which only covers overhead. The end result is a denial of profit.

“I’ve made no money, and this has happened to me at least six times, rendering me insolvent. This is a gross violation of the judge’s discretion to the point that it is illegal.

“At age 89, I am now insolvent, leaving my wife and I to live solely on social security at $2,600 a month, while the court has denied me close to a million dollars in fees over the past 10 years.

“I have sought an audience with probate judges for years regarding this racial injustice to no avail.”

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Oakland Post: Week of July 1 – 7, 2026

The printed Weekly Edition of the Oakland Post: Week of July 1 – 7, 2026

Published

2 days ago

July 5, 2026

Oakland Post

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NPRC Joins National Grand Jury Proceedings Seeking Accountability, Constitutional Restoration

Organizers state that testimony will explore historical and political developments that they believe have contributed to the expansion of corporate influence over public institutions and governmental decision-making. Participants are expected to discuss concerns regarding constitutional governance, individual liberties, property rights, and the protection of vulnerable populations, including seniors and persons with disabilities.

Published

2 weeks ago

June 26, 2026

Oakland Post

Photo by Billie Powers.

Special to The Post

The National Probate Reform Coalition (NPRC) has joined Toll and Roll and a growing coalition of advocacy organizations, victims, whistleblowers, and citizen groups in support of a nationally broadcast People’s Grand Jury proceeding scheduled for July 1 and July 7.

Organizers describe the event as a public forum designed to examine allegations of government abuse, judicial misconduct, legislative failures, and the erosion of constitutional protections affecting millions of Americans.

The proceedings will feature testimony from victims, families, advocates, and organizations from across the country who contend they have experienced harm through government actions, institutional neglect, and failures of oversight.

According to organizers, the People’s Grand Jury will focus on concerns involving probate courts, guardianships, conservatorships, child welfare systems, property rights, civil liberties, and what participants view as a growing disconnect between government institutions and the constitutional rights of the people they are sworn to serve.

NPRC is participating because many of the issues being examined mirror the concerns raised by advocates, victims, and families who have participated in its monthly town halls. For years, families have reported cases involving exploitation of elders, questionable guardianships, estate depletion, denial of due process, and a lack of meaningful oversight within probate court systems.

“This proceeding gives victims and advocates an opportunity to place their experiences on the public record,” said Tanya Dennis, lead facilitator of NPRC. “For too long, families have struggled to have their voices heard regarding elder abuse, probate exploitation, and government inaction. This forum allows those stories to be shared before a national audience.”

In keeping with principles of transparency and fairness, invitations have been extended to legislators, members of the judiciary, law enforcement representatives, and other public officials who may wish to respond to concerns raised during the proceedings or defend actions taken by their respective institutions.

One of the primary outcomes sought by organizers is public consideration and support for the People’s Remedy and Restoration Act, a proposed legislative framework that advocates believe would strengthen oversight, increase accountability, provide remedies for victims of governmental abuse, and restore constitutional protections.

The proceedings are expected to be broadcast nationally, providing citizens throughout the United States an opportunity to observe testimony, review evidence presented, and participate in an ongoing conversation regarding government accountability and the protection of individual rights.

Advocates hope the hearings will encourage meaningful dialogue, legislative reform, and renewed public engagement in the democratic process.

Individuals, organizations, public officials, and members of the media interested in attending or obtaining access information may contact the organizers at tollandroll2025@gmail.com.

As Americans continue to debate the future of constitutional governance, judicial accountability, and the protection of vulnerable citizens, the July proceedings are expected to serve as a significant forum for public testimony and civic engagement. For more information, go to https://tollandroll.com