Thursday, October 15, 2009

The Letter.- . Government Sanctioned Asset Confiscation

Robert Tischenkel
201 Front Street, Suite 331
Key West, FL 33040
(305) 987-7057

July 26, 2007

Mr. Raul Fernandez
15 W. Cypress Terrace Key West, FL 33040
Re: Guardianship of Clara Fernandez

Dear Mr. Fernandez,

As I have discussed with you a number of times, I have a responsibility to file in the Circuit Court an updated Guardianship Plan and an amended Inventory. During the past five weeks I have repeatedly sought your cooperation in providing me with relevant financial information pertaining to your mother.

Perhaps at this point I should renew my request in writing. Please provide me with the following:

A list of your mother's typical monthly expenses.
A list of your mother's sources of income (I have the Social Security
information already).

A list of your mother's anticipated uninsured medical costs, if any. A list of your mother's assets.
Let me specify the information with regard to the assets:*
A list of all bank accounts held all or in part by your mother.
A list of all investment funds held all or in part by your mother.

A list of all insurance policies held by your mother or in which your mother is a beneficiary, and the location of the policies.
A list of all retirement accounts (IRA, 401-K, pension, etc.) held by your mother or in which your mother is a beneficiary.
A list of all securities held by your mother and the location of the certificates.
A list of all real estate owned all or in part by your mother (I am currently aware of the Key Haven house and lots located in Osceola County and Port Charlotte) and the location of the deeds.

A list of safe deposit boxes, if any.

An accounting of cash, jewelry and other valuables.

*This request includes any real and personal property held in trust.
Finally, would you please provide me with a detailed description of your mother's current medical care, including the names of her doctors?

May I have your response to this setter in writing by Friday, August 3, 2007? I had hoped we could have worked together gradually to gather this information, but now I have deadlines looming. Please respond to the address above.
Thank you.

Very truly yours,

Robert Tischenkel Guardian

Cc: Attorneys

We call this (IRA) Invonluntary Redistribution of Assets letter a confiscation letter because we have a real bad taste from where our assets where confiscated before in communist Cuba with a similar letter .

We believe that if the authorities have proof of wrongdoing they should proceed with criminal actions against the wrongdoers, however after many a through investigations as was the case here in which no criminal action was found , neither by the DCF nor by independent audits the government attempts to follow through with the IRA at the cost of the life savings for the elder , a cost too steep for a 92 year old to ever recover , a cost to defend against for the elder who hadher social security income used to pay for attoneys who were engaging in questionable activity instead of going after al recovering Clara's Estate as they were morally amd legally obligated to do.

In other words the courts allowed the attoneys use the the elder's own money to charge her for doing things her family had done for years for free.

We are firm believers that that state agencies ought to stay out of the Involuntary Property Redistribution business.....The elder, Clara G. Fernandez having to pay three times for legal fees, once because after the elder developed dementia and their assets were taken over, the 'perpetrators' who sought family immunity for their crimes AJ. Fernandez and Willam Hart, of Winter Haven Florida who iquidated the elder's assets to fund their legal team and unscrupulous attorneys who without taking into consideration the age or mental condition of the testators lent themselves to re-writing the will, Trust, POA's , Quit Claim Deeds , notwithstanding the advanced age of the elders who had been diagnosed with dementia and Alzheimer’s disease.

The concerned family members who were familiar with the elders medical history,diet,care spend their own retirement funds,family,and concerned friends funds in re-gaining the elder's freedom who had been isolated, overmedicated and under lock and key in a residence owned by Richard Scott Hart in Winter Haven , Florida and the elder Clara was kept medicated and prevented from any contact with family members.

The court appointed lawyers who neglected their obligations and let the family down by allowing the sytematic looting of her state and refused to even 'guard' her assets so that real estate belonging to the elder ended up being sold on the courthouse steps for nonpayment of real estate taxes while making sure that they themsleves were paid hefty legal fees even if it meant confiscating her social security income and Clara going without.

What we saw was a shameful orgy of out of control unadulterated greed, treating the elder as a non person and as if he/she was already dead, the entire horse and pony piƱata is a disgrace and makes a mockery of the public trust placed on officials by elders and their families for protection from swindlers and unscrupulous individuals.

Neither DCF nor the indvidual appointed by the court put any effort into tracking or persecuting anyone for the disappearance of the once proud and independent elder's state whose worth was put in the several millions at one time but whose Trust was ramsacked and left destitute and dependent upon family , friends and government aid.
I took some of our readers experiences with abuse, some who have had a chance to interact with the system in place to protect our elders and I am taking the liberty to print some of their comments of their experience.

"While watching BBC's Robin Hood, it occurred to me that the person who is suppose to protect the citizens and enforce the law, is the Sherriff of Nottingham and Robin is the "outlaw"
It's pretty much the same thing with the guardianships. I went to the "law" the courts to help me with the problem with my greedy cousin, and protect my father, and THEY were the ones who ended up killing my parents and stealing all the money. So, when you can't trust the law, the courts, the legislature, then what is the option when you're a victim?
Seems to me nothing much has changed since Sherwood Forest"

by anonymous

I view people that commit abuse against an elderly and vulnerable person as evil and they need to be stopped. And , elected and appointed officials need to recognize those abuses as they should be, CRIMES.
Thank you
E. Malone

They turn an estate into a trust fund so they The attorney's can steal!!!!!! and the relatives are NON PARTY to the estate and therefore have no say in the matter. These LAWS have to be changed and the Attorneys should be arrested and put in JAIL!

Also recently when I went to a doctor The doctor asked me if I was abused. I said NO ! As he was shaking his head YES to me. He asked me if I want a guardian caretaker for my accounts I said NO as he was shaking his head YES.. then he handed me a name of a Guardian Attorney who I am fighting against for my Mother In Laws Guardianship and I changed doctors. These Doctors are in this too.

Loretta Lax Miller

No comments: