O’Malley Agrees to Investigate Probate Court , Cou...

O’Malley Agrees to Investigate Probate Court , Councilmember Bartlett Supports Cause

Probate Court Reform Movement members and CEDAR California member Linda Kincaid pose with DA O’Malley in O’Malley office. L to R: Venus Gist, Tanya Dennis, District Attorney Nancy O’Malley, Credell Carter, Ray Willis, Jackie Nelson, Maxine Ussery, Kennett Taylor, Linda Kincaid, Charlotte Franklin.

Nine members of the Probate Court Reform Movement met last Monday with District Attorney Nancy O’Malley, and provided her with a list of names and a folder full of cases that showed why judges, conservators, attorneys and various agencies associated with the Probate Court should be investigated.

Case after case was presented to the DA with compelling and damaging information.

“So many elders have lost their homes and businesses. We see estates taken with impunity,” said Maxine Ussery, co-founder of the group.
“It’s easy to see we all can’t be inept. After all, some of us had million dollar businesses.

“You don’t make that kind of money if you don’t know what you’re doing, yet the court had the nerve to say we were incompetent to handle our affairs.”

Linda Kincaid of CEDAR California said, “The courts have become selective; they won’t take any estate under $500,000.  It’s not worth their time.  They look for estates (worth) over a million.

“This is not just happening in Alameda County. I handle elder abuse cases all over the State of California, and it’s everywhere.  The Probate Courts looks at elders as cash cows,” Kincaid said.

Probate Court Reform Movement Coordinator Tanya Dennis encouraged O’Malley to “follow the money, and you’ll find the crime.”

O’Malley was concerned about the “Civil Death” of Elinor Frerichs, a caucasian elder who was placed under conservatorship to “save” her $6 million estate after she married an African American man.

The court had her marriage annulled, and Ms. Frerichs now lives in total isolation, not allowed friends or access to the outside world.
Court Conservator Scott Phipps  placed Ms. Frerichs in Lakeside Park, a facility for dementia patients, even though she scored 98 percent on an acuity test in 2012, and she hasn’t been evaluated since.

She is not even allowed to attend court hearings and now her multi-million dollar estate is worth a few hundred thousand.

The DA was asked to launch a separate probe regarding Ms. Frerichs case.  “Isolation of an elder is a crime, and we intend to liberate Elinor Frerichs from her imprisonment as quickly as possible,” said Tanya Dennis.
The Probate Court Reform Movement met with Berkeley Councilmember Ben Bartlett, who supported the cause.

Councilmember Bartlett is willing to help disseminate information, and he is making recommendations and referring people that can push the reform of the court forward.

Bartlett plans to attend the weekly Wednesday night meeting of the Reform Group at 6 p.m. at the Post News Paper located at 360 14th St.. New members are welcome and encouraged to join.

With 83 members, Probate Reform Movement reprsents people who have been victimized by the Probate Court.

The Commission on Judicial Performance  has been unresponsive to two requests for an investigation.

District Attorney O’Malley pledged to  “follow the money,” leaving members encouraged that she will uncover the criminal enterprise.

“All we’re asking for is an investigation,” said Mrs. Ussery.  “Something has to be wrong when everybody is losing their estates, I mean everybody.”


  1. Judy Barber

    19 March

    We too have fallen victim in this web of deceit upon the court. My lawyer Recommended a Professional Fiduciary , in Santa Ana ca. Who in a matter of one year and 6 months was able to amass $ 774,000 from my parent’s estate. My lawyer never explained what the ramifications of giving a trust to this fiduciary. This is legal fraud . My father worked until he was 75 years. My mother for seventeen years in the Santa Ana school district . I had to hire a second set of lawyers to remove this fiduciary from my parent’s estate. My father has since died. However we want our mother to pass in her home of 57 years. My mother is 86 years, has dementia and is blind. My family is not the only law suits that are underway against this fiduciary. It seems to me that this is a systemic problem with probate. There is a small group of lawyers , and this fiduciary that work together for profit. This same fiduciary has profited along with the lawyers in this conspiracy with a judge has her best friend . This fiduciary has inherited over $ 11,000,000 . Yes those are her assets. My mother’s attorney’s husband is in real estate which I found from my research. Most people can’t afford attorneys to protect themselves and even if you have an attorney there is no guarantee that that attorney is not on the take. There needs to be a legislative change in probate. The fiduciary brags “the law protects me”. This is senior abuse physically as well as financial. The accounting of this same person had manufactured receipts . She also has 12 citations. How many citations does a fiduciary need until it becomes a felony??

  2. Judy Barber

    19 March

    Our family and others from Santa Ana,San Diego,Santa Barbara counties with a professional Fiduciary Cicerone. Although , there are other players lawyers, and judge. Legal fraud

  3. Debra Phipps

    13 April

    This is also occurring in Sacramento County. I need help, please contact me asap. It’s legal embezzlement! Thank you.

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