Wrongful Death or Not
You be the Judge did a wrongful death occur?
If you reviewed “Criminal Saga”, you are aware that my father, under the advice of legal counsel, executed a trust in October of 1996 and did so on the very eve of a looming 72 count federal and state indictment
Thereafter, more than three years ensued, that included many court appearances, meetings with federal prosecutors and FBI agents regarding even a federal sting operation we participated in at my father‘s farm.
After two federal trials and several state hearings, each of the criminal defendants were sentenced to different terms of incarceration. One can only imagine continuous public embarrassment that lasted well over three years during the height of these criminal investigations and trials. Every media outlet covered the ongoing story relentlessly. Sadly, it was big news.
I was the only offspring to step forward in the most unpleasant situation assisting my father during his most difficult time. He testified no one else came to assist him his other children having been estranged from him for two decades. His criminal attorney testified I was the only one there, and he suffered thru this case with us, that no one else ever called or showed up for any hearing. It was embarrassing to be associated with my father during the legal crisis, and then there was the personal concern any association with him would cause harm to my own professional entity.
Not until several
years after my father divested of his entire patrimony, having abandoned all rights and authority; therefore no longer having any legal rights to his estate, “he” contacted his criminal attorney about an interdiction. My father begged, “Ya’ll need to do something I can’t live thru another trial”. His attorney, the the attorney representing the trust, his curatrix, undercurtrix and myself, all there at the time knew he acquiesced to interdiction. That he was seeking to avoid the hardship while being in ill health and having to testify under duress in the three (3) separate civil suits that was being pursued against him.
I, as trustee of the trust, agreed with the interdiction because of the continuing legal problems caused to the trust property I had been charged, according to Louisiana Trust Law, with protecting. The property was at risk due to my father’s misconduct and his known violation of parole, both very serious matters. All relevant parties provided notarized affidavits. His criminal attorney provided an affidavit for interdiction, an attorney representing the interest of the trust provided an affidavit for interdiction, and the eldest sibling and curatrix provided an affidavit for interdiction as did I.
The Court hearing the first interdiction matter properly adjudicated him an interdict which was upheld in the second hearing.
Estranged children for two decades, suddenly began to enter into his life, and although my father was under duress of additional imprisonment and penalties, they conspired to have my father (an interdict) sign a three-page list of assets stating that the assets belonged to him. Assets which, on the advice of his criminal attorney, years earlier he reported to the federal government as having divested to avoid seizure. My father signed a federal financial report under penalty of perjury and incarceration. A part of these estranged movers plan was to also seek to revoke his interdiction, as you can decide if was meant to profit them personally. The court understanding the troubling issues cautioned in the judgment that none of these siblings were to try to attempt to recover anything.
Evidence of their seeking personal profit was Ruby Bell’s trial testimony, “Not a penny to my father or mother”. After more than two decades of estrangement, these estranged off springs obtained a list that could have put my father back in prison. My father divested of his entire patrimony and cash. He could no longer own any fire arms as a felon, and I was the only one not estranged from him or assisting him, so he gifted me those firearms. His curatrix has the coin collection.
Under the guidelines of the social security administration an interdict can not manage their affairs or directly receive social security. Thus the checks were made payable dual for management of the interdicts needs. My father testified he never suffered for anything. Under the advice of counsel my father also donated all his movables to me, documents of acts of donations that these siblings actually signed as witnesses. So, in their self seeking efforts, that could bring harm to the interdict, they were seeking assets they knew no longer belonged to the interdict and if by some miracle had they recovered any, according to Ruby Bell their attitude was “Not a penny” would they have given to the interdict. The Court interceded by ordering that all recovery attempts were prohibited.
By law, a curatrix in charge of an interdict’s affairs is held to higher standard to protect the interdict. Given the attempt that would bring about certain harm to the interdict, it became necessary to hire and prepare counsel for trial at significant legal cost.
At first issue, given the displeasing matters of Wilfred Bell’s late criminal history, every scrupulous detail well publicized, we were advised the Court did not want to hear the case.
The law provides that a curatrix and under curatrix, without “any” cause should not be removed by the Court. The Court replaced the undercuratrix, who cared about the well being of the interdict, without cause with an estranged offspring. The estranged under curatrix replacement, without any under curatrix authority, amongst other violations began firing my father’s long time medical specialist.
The Curatrix and I wrote a letter to the nursing home advising of stolen items belonging to my father. Police reports confirm the theft of his clothing and disability equipment. Nursing home records confirm threats were made to nursing home health care attendees by these individuals. So abusive that the facility actually rejected him from their facility, after which he was admitted to Our Lady of Lourdes, and died a horrific death without any of his long-term specialists.
Although my father testified about where he wished to be buried, in a plot that had already been prepared for him, just months after his testimony, upon his demise, these siblings buried him in a different location. The matter will necessitate another trip to court and an exhumation to relocate him to the resting place of this choice per his own testimony.
You be the Judge – did a wrongful death occur? Were these estranged offspring self
seeking without any regard for the laws of interdiction, or alimentary duties, or worse, my father’s well being. Did the Court, having the proper jurisdiction to hear this matter, have any right to deny a hearing or trial that his attorneys and caretakers knew was necessary in order to protect him (an interdict) from harm. Instead deciding to remove, without cause, an under curatrix who had the interdicts best interest at heart?
In the same manner these estranged off springs did not assist in my father in his crisis. Do you believe their late arrival in the moment might appear they thought there might be opportunity to self prosper. Certain siblings have been estranged from my elderly mother. I’m certain they will appear when it is believed any chance to prosper.
*Given the advice of counsel – It is important to note that it is well settled there is no prescription to overturn the transfer of assets when individuals divested of their entire patrimony. Still today – the family trust is subject to revocation.