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The Perils of Probate: Court Profits from Family Dissension

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

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

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

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

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

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

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

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Activism

Oakland Post: Week of April 24 – 30, 2024

The printed Weekly Edition of the Oakland Post: Week of April 24 – 30, 2024

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To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

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Alameda County

DA Pamela Price Stands by Mom Who Lost Son to Gun Violence in Oakland

Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018.

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District Attorney Pamela Price with Carol Jones
District Attorney Pamela Price with Carol Jones

Publisher’s note: Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018. The photo was too small for readers to see where the women were and what they were doing.  Here we show Price and Jones as they complete a walk in memory of Scott. For more information and to contribute, please contact Carol Jones at 510-978-5517 at morefoundation.help@gmail.com. Courtesy photo.

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Bay Area

State Controller Malia Cohen Keynote Speaker at S.F. Wealth Conference

California State Controller Malia Cohen delivered the keynote speech to over 50 business women at the Black Wealth Brunch held on March 28 at the War Memorial and Performing Arts Center at 301 Van Ness Ave. in San Francisco. The Enterprising Women Networking SF Chapter of the American Business Women’s Association (ABWA) hosted the Green Room event to launch its platform designed to close the racial wealth gap in Black and Brown communities.

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American Business Women’s Association Vice President Velma Landers, left, with California State Controller Malia Cohen (center), and ABWA President LaRonda Smith at the Enterprising Women Networking SF Chapter of the ABWA at the Black Wealth Brunch.
American Business Women’s Association Vice President Velma Landers, left, with California State Controller Malia Cohen (center), and ABWA President LaRonda Smith at the Enterprising Women Networking SF Chapter of the ABWA at the Black Wealth Brunch.

By Carla Thomas

California State Controller Malia Cohen delivered the keynote speech to over 50 business women at the Black Wealth Brunch held on March 28 at the War Memorial and Performing Arts Center at 301 Van Ness Ave. in San Francisco.

The Enterprising Women Networking SF Chapter of the American Business Women’s Association (ABWA) hosted the Green Room event to launch its platform designed to close the racial wealth gap in Black and Brown communities.

“Our goal is to educate Black and Brown families in the masses about financial wellness, wealth building, and how to protect and preserve wealth,” said ABWA San Francisco Chapter President LaRonda Smith.

ABWA’s mission is to bring together businesswomen of diverse occupations and provide opportunities for them to help themselves and others grow personally and professionally through leadership, education, networking support, and national recognition.

“This day is about recognizing influential women, hearing from an accomplished woman as our keynote speaker and allowing women to come together as powerful people,” said ABWA SF Chapter Vice President Velma Landers.

More than 60 attendees dined on the culinary delights of Chef Sharon Lee of The Spot catering, which included a full soul food brunch of skewered shrimp, chicken, blackened salmon, and mac and cheese.

Cohen discussed the many economic disparities women and people of color face. From pay equity to financial literacy, Cohen shared not only statistics, but was excited about a new solution in motion which entailed partnering with Californians for Financial Education.

“I want everyone to reach their full potential,” she said. “Just a few weeks ago in Sacramento, I partnered with an organization, Californians for Financial Education.

“We gathered 990 signatures and submitted it to the [California] Secretary of State to get an initiative on the ballot that guarantees personal finance courses for every public school kid in the state of California.

“Every California student deserves an equal opportunity to learn about filing taxes, interest rates, budgets, and understanding the impact of credit scores. The way we begin to do that is to teach it,” Cohen said.

By equipping students with information, Cohen hopes to close the financial wealth gap, and give everyone an opportunity to reach their full financial potential. “They have to first be equipped with the information and education is the key. Then all we need are opportunities to step into spaces and places of power.”

Cohen went on to share that in her own upbringing, she was not guided on financial principles that could jump start her finances. “Communities of color don’t have the same information and I don’t know about you, but I did not grow up listening to my parents discussing their assets, their investments, and diversifying their portfolio. This is the kind of nomenclature and language we are trying to introduce to our future generations so we can pivot from a life of poverty so we can pivot away and never return to poverty.”

Cohen urged audience members to pass the initiative on the November 2024 ballot.

“When we come together as women, uplift women, and support women, we all win. By networking and learning together, we can continue to build generational wealth,” said Landers. “Passing a powerful initiative will ensure the next generation of California students will be empowered to make more informed financial decisions, decisions that will last them a lifetime.”

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