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I have researched this question for three years and can find no logical reason for allowing every county!, in every state!, of our country to run their Probate Courts like individual Feifdoms!, as if every county were a law unto itself? (allowing no appeal to a higher authority beyond the probate judge who makes the ruling)!

And allowing (acting judges) who are no more than probate attournies!, to make life ruining decisions based quite frequently on hearsay!, and uninvestigated allegations!, submitted to the court as truths, when they are nothing of the kind?
Federal Law makes clear that a court investigator will investigate all disputed allegations!, however this seldom happens, as the courts are so backed up with cases that there is little manpower available to investigate properly!

So court investigators meerly record allegations and outright lies into their reports!, without looking into the truthfulness of said facts!

And this is what the judges ruling is based on!

2006-06-15 08:03:14 · 6 answers · asked by whyisitdonethisway 1 in Politics & Government Law & Ethics

my question concerns the civil rights violations consistently overlooked by every county Probate court in the country!

Making life ruining desicions based on outright lies that are excepted as truthes by
County Probate Judges without even the bare minimum of investigation into the veracity of sworn affidavitts to the court by family members who's single interest in thier parents is the preservation of thier inheritance! of which cannot be allowed to dissipate at the hands of them who worked all thier lives to earn said monies, in order to enjoy the last years of life to the utmost!!

Could someone address that issue? could someone tell me why it is that if the probate court refuses to aknowledge fully investigated and verified facts that would overturn rulings of mental incapacity and reduced cognative ability, whereby ending Probate control over the dispersal of conservatee's finances!, Then those facts are denied! and are never allowed into the case files! just by ignoring them

2006-06-21 13:26:17 · update #1

6 answers

Our system of Government was set up as a Republic. they were well afraid of too strong of Federal Government and sit the nation up as individual states and the Federal Government to only have that power that was given it,

Basicly each state was to have the right and ability to be self governing.

Well that went to >>>> in a handbasket before too long and that was one of the main issues of the civil war, with the south supporting state rights and the union supporting a much stronger and powerful federal government.

So now we have federal income tax ( which is actually unconstitutional) but who listens to me. And a Federal Army, not merley each state supply troops for a Federal defense.

But some issues like capital punishment, murder laws, theft laws, and of course Probate laws, have been left alone for now, since I guess there is not enouigh money in them for the feds to want to be invovled.

2006-06-15 11:54:10 · answer #1 · answered by Anonymous · 0 1

That is the federal system by which almost all the law in the United States runs. Most law is at the state level, some even at the local level, and there is a great variety of law and legal procedure on all sorts of issues.

As to why the law doesn't work perfectly, and not every judge or investigator is the brightest bulb -- well, judges make less money than lawyers, for the most part, and the job is thankless. And there is a limit on the number or smart or competent people in the world.

2006-06-15 08:08:32 · answer #2 · answered by C_Bar 7 · 0 0

Probate is a state issue, as there is no provision in the constitution allowing Congress to pass laws on it. Decisions by a probate judge are appealable on both the state and federal level (in so far as there may be a federal claim), just like any other decision made by a court.

2006-06-15 10:13:57 · answer #3 · answered by James 7 · 0 0

Your research should include the US Constitution ... which, generally and thankfully, provides that not all power resides in the federal government

Anwyay, state probate court decisions should be appealable ..

There is a "Uniform Probate Code" which many states (perhaps most) have adopted in whole or in part ...

2006-06-15 08:28:26 · answer #4 · answered by LizTalks 3 · 0 0

Has to do with state rights. It's in the Constitution. Might be worth a read sometime.

2006-06-15 11:08:48 · answer #5 · answered by Anonymous · 0 0

How many states do you plan on dying in?! And you studied this for 3 years?!

2006-06-24 13:33:15 · answer #6 · answered by ? 4 · 0 0

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