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Alameda Grand Jury Probate Court Report Recommendations Offer No Oversight

On June 30, 2022, the Alameda County Grand Jury released a report citing deficiencies of the Alameda County Probate Court and responded with recommendations that will have absolutely no affect on families who say attorneys and conservators are unjustly enriching themselves at their expense.

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Families feel protected and secure when they create a trust. The Larkin family trust, clearly stated the purpose of the trust was to avoid probate and conservatorship. See Item 2 of the Larkin Trust.
Families feel protected and secure when they create a trust. The Larkin family trust, clearly stated the purpose of the trust was to avoid probate and conservatorship. See Item 2 of the Larkin Trust.

By Tanya Dennis

On June 30, 2022, the Alameda County Grand Jury released a report citing deficiencies of the Alameda County Probate Court and responded with recommendations that will have absolutely no affect on families who say attorneys and conservators are unjustly enriching themselves at their expense.

Despite Grand Jury recommendations, egregious actions of probate court appointed attorneys and conservators continue.  The most egregious is court officials ignoring California probate Code 1800.3 (a), the Zealous Advocacy law that cites “the court will not grant a conservatorship if a less-restrictive option is available.

According to probate family advocates, the courts still use divide and conquer tactics, that don’t have to occur between family members.

If a person’s neighbor or bookkeeper requests appointment as conservator over the estate, the court will use that disagreement to not award the family care of their loved one, even when clearly stated in the Conservatee’s trust the desire to be home with family.

Conservatee James Larkin’s sister requested conservatorship over his estate despite Larkin’s trust clearly leaving all property and assets to his son Jim Larkin. The sister’s request was denied, and the court-appointed conservator Leo Bautista to set up care for Larkin in his home, a job his son Jim had been doing for free, with love.

To cover costs Bautista sold the Larkins’ rental property, and when that money dwindled, informed the son he was taking his father to a doctor’s appointment, but instead put him in a nursing care facility without notice.

Jim did not know where his father was for five days until he received a letter.  The day after the letter, he received an email from Bautista of his intent to sell the house.

Jim Larkin Jr says, “I feel drained and defeated trying to work with a well-oiled, openly corrupt system that no one has ever beat.  By design they put up a wall that blocks my love and time with my father.  The ridiculous thing is their care is nothing specialized, something that I did for free.”

Bautista’s decision to sell the house will assure the nursing facility and his fees are paid but will leave Jim homeless.  If the trust had been honored, Jim would have inherited two properties valued at over $3.7 million.

Bautista, reached for comment replied, “Due to client confidentiality, I am prohibited ethically and legally from giving you personal financial or medical information about any of my clients.  As I am sure you are aware, conservatorships are overseen by the court.

“Probate Code section 2651 allows any relative or friend of the Conservatee to file a petition on behalf of the Conservatee if they believe the conservator has breached their fiduciary duty.  In such a case, they are allowed to present evidence of the breach, and I am allowed to present evidence in my defense. I am barred from discussing any details of a case past or present that would either confirm or refute any allegations made against me.”

Advocates say the Grand Jury missed the major problem with Probate court, which is the lack of third-party oversight.

The Grand Jury cited a system of review yet failed to see how attorneys reviewing each other is simply another version of the fox guarding the henhouse.  The Zealous Advocacy law that protects Conservatee’s wishes and estate of the Conservatee is ignored.

The County does not have a contract with the Public Defender’s office because the Public Defender’s office is a department of the County, and the County cannot enter into a contract with itself, and there lies the problem.

The result is there is no outside oversight, no checks and balances and families continue to leave probate court destitute and separated from loved ones.

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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Activism

Community Celebrates Turner Group Construction Company as Collins Drive Becomes Turner Group Drive

The event drew family, friends, and longtime supporters of Turner Group Construction, along with a host of dignitaries. The mood was joyful and warm, filled with hugs, handshakes and belated New Year’s greetings. Guests enjoyed hors d’oeuvres and a festive display of gourmet cupcakes as they conversed about the street sign reveal. 

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The Turner Construction group members.
The Turner Construction group members.

By Carla Thomas 

It was a family affair on Friday, Jan. 23, at the corner of Hegenberger Road and Collins Drive in East Oakland as community members, local leaders, and elected officials gathered to celebrate the renaming of Collins Drive to Turner Group Drive. The renaming saluted the Turner Group’s 45-plus years of economic development and community investment.

The event drew family, friends, and longtime supporters of Turner Group Construction, along with a host of dignitaries. The mood was joyful and warm, filled with hugs, handshakes and belated New Year’s greetings. Guests enjoyed hors d’oeuvres and a festive display of gourmet cupcakes as they conversed about the street sign reveal.

Special guests included former Alameda County Supervisor Keith Carson, veteran broadcaster Valerie Coleman-Morris, Chevron Senior Public Affairs Representative Andrea Bailey, community leaders Cephus “Uncle Bobby” Johnson and Beatrice “Aunt Bea” Johnson of the Oscar Grant Foundation, and Oakland City Councilmembers Ken Houston, Carroll Fife, and Kevin Jenkins. Members of WEBCORE, the Nor Cal Carpenters Union, the National Association of Minority Contractors (NAMC), Swinerton and Alten construction companies, activists Elaine Brown and David Newton, and many others joined the celebration.

Inside the event tent, an emotional Oakland City Councilmember Ken Houston spoke of his deep connection to the Turner family.

“I grew up on the same street with the Turners,” he said. “When my father passed away, their parents and siblings embraced me like family. This is our city, and it’s an honor to name this street Turner Group Drive because of the love and effort this company and family have given. Many dreams came out of this building. I wouldn’t be where I am today without the Turners.”

Councilmember Kevin Jenkins, whose father once taught the Turner brothers, added, “Len Turner is an amazing person. He’ll help anyone.”

Oakland Mayor Barbara Lee praised the company’s legacy, noting its creation of the Construction Resource Center, which trains and mentors the next generation of builders and developers through partnerships across the region. “This is a great day for Oakland and a profound acknowledgment of the Turner Group’s contribution to our community,” she said.

Fife echoed that sentiment: “This is a day for celebrating Black excellence. The Turner Group has poured into people and the community, showing us what’s possible.”

Among the many family members in attendance was the Turners’ 92-year-old patriarch, whose presence underscored the strength of the family’s legacy.

A touching highlight of the event came when Coleman-Morris was honored for her lasting mentorship of LaTanya Hawkins, now program manager of the Construction Resource Center. In 1979, Hawkins, then a fourth-grader, wrote Coleman-Morris a letter seeking advice. Coleman responded with words of encouragement that inspired Hawkins to pursue her dreams. The two stayed in touch for decades. On stage, they embraced as Coleman reflected on “the power of small acts of kindness to change a life.”

Coleman-Morris also shared reflections on leadership and community spirit, saying, “If we change the way we look at things, the things we see will change.” She then recited the Serenity Prayer, reminding the crowd, “We are a powerful community, we just need to believe it.”

Company leaders Len and Lance Turner closed the ceremony with words of gratitude and humor. Len thanked his mother, wife, family, legal team, and longtime supporters including Carson, Geoffrey Pete, and the late Dorothy King of Everett & Jones Barbecue. He also acknowledged the challenges the company had overcome, saying, “Without all of this support, I wouldn’t be here today.”

Through Turner Group Construction and the Construction Resource Center, the Turners have created new opportunities for underrepresented groups in the construction industry and continue to inspire the next generation of builders.

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Activism

Can You Afford a Mortgage but Not the Down Payment? Dream For All Offers Up to $150K

Duvernay-Smith’s journey exemplifies the transformative potential of Dream For All, a program designed to help first-generation homebuyers across California. Applications will open on Feb. 24, and close on March 16. The program uses a random selection process to ensure equitable access, and Gov. Gavin Newsom’s office has directed that a minimum of 10% of funds go to applicants in Qualified Census Tracts — communities that historically faced discriminatory or unfair barriers to home ownership.

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Tiffany Duvernay-Smith.
Tiffany Duvernay-Smith.

By Tanu Henry, California Black Media 

Tiffany Duvernay-Smith went from knowing the harsh realities of homelessness to owning her first home – made possible by the California Housing Finance Agency’s (CalHFA) Dream For All program, which is reopening applications this month with up to $150,000 in down payment assistance for first-generation buyers.

“I feel like I was the least likely person,” says Duvernay-Smith, who is Coordinator for the Los Angeles Homeless Services Authority’s Lived Experience Board, a published journalist, artist and outspoken advocate for unhoused people, people living with disabilities and domestic violence survivors.

“I didn’t know my story would change from homeless to homeowner,” she added. “But if there’s a house with your name on it, nothing can stop you.”

Duvernay-Smith’s journey exemplifies the transformative potential of Dream For All, a program designed to help first-generation homebuyers across California. Applications will open on Feb. 24 and close on March 16. The program uses a random selection process to ensure equitable access, and Gov. Gavin Newsom’s office has directed that at least 10% of funds be allocated to applicants in Qualified Census Tracts—communities that have historically faced discriminatory or unfair barriers to homeownership.

For eligible participants, the program provides up to 20% of the home’s purchase price or appraised value as down payment assistance, capped at $150,000.

CalHFA expects to make $150 million to $200 million available in 2026, potentially helping 1,000 to 1,500 families, with a total of approximately 2,000 households supported through the 2025–26 budget allocation of $300 million.

The program is particularly impactful for Black Californians, who continue to face the highest rates of homelessness across the state and significant barriers to homeownership due to decades of discriminatory housing policies and wealth inequities.

“Black Californians continue to face some of the widest homeownership gaps in the state,” says Regina Brown Wilson, Executive Director of California Black Media. “Programs like Dream For All are critical because they directly address generational inequities.”

Wilson spoke during an online news briefing on Jan. 30 that featured Eric Johnson, information officer in CalHFA’s Marketing and Communications Division, and Shonta Clark, senior loan consultant and CalHFA program educator, home counselor, and broker in Southern California.

“There are a lot of people in California with steady jobs, good incomes, and strong credit scores – but who haven’t been able to save the five or even six figures needed for a down payment on a home,” says Johnson. “That’s exactly what Dream For All is designed to address.

Eligibility requirements focus on first-generation homebuyers—those who have not owned a home in the past seven years and whose parents do not currently own one. CalHFA defines a “first-time homebuyer” as someone who has not owned and lived in their own home in the past three years. Foster youth are automatically considered first-generation homebuyers, reflecting the program’s commitment to reaching Californians who have faced systemic barriers, CalHFA says.

Applicants must work with CalHFA-approved lenders and provide standard documentation such as government-issued IDs and parental information.

Johnson encourages applicants to remain optimistic.

“Take the first step. Despite high interest rates and high prices, it is still possible to buy your first home in California. Believe in yourself and know that homeownership is meant for you,” says Johnson.

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