Tuesday, February 05, 2008

If you plan to die, follow Morabito to Nevada.

If you plan to die, follow Morabito to Nevada. Whatever you do, do not die in California! –You Cannot Afford it!

This is lay opinion and not intended to convey legal advice.

February 5, 2008

Consider that attorneys make and/or influence and/or have great input into the laws that protect them and their actions.

Anyone ever try to sue for malpractice today? Good luck. Anyone try to file a complaint against an attorney at the State Bar today? Good luck. Anyone try to sue for malicious prosecution today? Good luck. Gee, what's happened to the "teeth" in the law? Law? Did someone say LAW? Anyone try to question an attorneys' billing invoices? Good luck.

Anyone interested in the influence that the California Law Revision Commission or other such Commissions have on YOUR LAWS?

Take a look at the California Law Revision Commissions "PROJECTS" section.

For example: look to see how many attorneys are writing-in with their "suggestions" and how many of those attorneys' suggestions are being heard, recognized, used, or incorporated into the CLRC text, by the California Law Revision Commission, or Commission in your home State. (These commissions influence our laws, most of the time detrimentally, those are the words of a lobbyist and uh, well, attorney too)

Gee, if I didn't know better I'd think that those attorneys writing into these Commissions are on to something. That is, why bother lobbying or paying a lobbyist to lobby the Legislature when you can use the California Law Revision Commission to do that lobbying for you for free, kinda like putting your tax dollars at work? How many of those attorney-generated "suggestions" actually transpire into laws that the rest of us have to live by, or better yet, are FORCED TO HIRE AN ATTORNEY for.

Want to know how some of these laws make it to the California Legislature when the Laws that everyday citizens want passed, no one can be bothered with?

Take a look at the (below) "Attorney-Client Privilege After Client's Death" PROJECT--scope of supposed study (when you're through with that, look at the bastardization of the California Probate code). You're thinking, what's so bad about that?!

Gee, even after my death, when my family learns how badly my attorney failed my Will and Trust (oh, and got PAID doing it) my incompetent (or worse) attorney will be let off the hook by not only the California State Bar but the Court system too! Why, you ask? BECAUSE HE'LL ARGUE IN HIS DEFENSE: ITS ATTORNEY CLIENT PRIVILEGE. That is now the catch-all defense for errant attorneys. There's much more on this, but for a later date.

Next to the Evidence Code, Wills and Trusts are arguably the most abused sections of our laws in California. Ponder this: Someone dies. You take the Trust/Will to a probate attorney, or better yet, someone who PROFESSES TO BE CERTIFIED AS A SPECIALIST BY THE CALIF. BAR. <= watch out for that. Don't be too impressed with these labels.

What's the FIRST thing that happens?

The attorney reads the documents, sees that you've been left $150,000 and immediately says, I CAN HELP YOU (remember the person who left it to you is dead) and with all this Attorney-Client privilege...well, you be the judge. Anyway, this attorney that you go to begins to claim his/her share of ALL that money--he knows how much you've got in the kitty $150,000. Its now his to play with. What could be worse than that?! In order for him to tell you he can help you, he has to read the entire trust and will to learn what's in there. He gets paid for that. Then he starts to work on what you've been left. Contingency agreements? You better believe it. Soon, before you know it, he's now working on what the others got in the will and trust too. Next, you've got a lien on your inheritance, can't think it will happen, I have proof that it has already happened, over and over again.

Why bring this up? Because the situation is worse if you own property in a common interest development (CID/HOA) If the above situation happens to you and there is such deed-restricted property that has been willed or in a trust, all I can say is Good Luck!

For many more pearls of wisdom, refer to D. Vanitzian’s book Villa Appalling! Destroying the Myth of Affordable Community Living
Funny you should mention it. Nevada has no Corporate or Personal state income tax and no estate tax. Further, there are initiatives coming up that would raise the gambling tax charged casinos from 6.75% to 9.75% of gross income. In doing so, there is another initiative that would eliminate Property taxes. That would only leave the 7.25% sales tax which is lower than California . Let’s face it, gambling and tourists fund everything in Nevada and if these initiatives pass, which seems likely tourists coming from California and all other states will be paying for nearly all of our state expenses. It works for me. Joseph Morabito, former member CZ Master Association board of directors.


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Hello All: John McCain has two timed the Republican Party for the last 27 years. Let me count the ways:

McCain/Kennedy that would have given amnesty to 12,000,000 illegal aliens.
McCain/Feingold that prevents Republicans from contributing to elect Republicans and limits free speech.
Voted two times against the Bush Tax Cuts.
Supports closing Guantanomo where the Terrorists are in jail.
Supports ending water boarding to get information from Terrorists.
Was involved in the Keating Savings and Loan Scandal which cost taxpayers over $400 Billion. Should have gone to jail for that one.
McCain/Liberman specific to global warming that will raise all energy cost in this country and cost jobs.
John McCain is not a conservative Republican. He will reach across the aisle all right with Democrats to raise taxes. He has never had a job outside government in his life. He is a kept man supported by his rich wife. McCain can’t deal with the economy since he has never worked in it. John McCain does not have the temperament to be President. He is arrogant and stubborn. McCain will get us into even more wars.

While Mitt Romney is not perfect by any means, he can beat Hill and Bill by first uniting the Republican Party. If McCain is the nominee, conservative Republicans will sit out this election and we will lose. McCain will tear the Republican Party apart which will take years to recover. Remember, Pete Wilson in California who destroyed the Republican Party here and it has never really recovered. A vote for McCain is a vote for Hill and Bill. I am voting for Mitt Romney as the only candidate who can beat Hill and Bill. JM

Boy Mitt (Chameleon) Romney

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It is hard to argue about refusing to be counted for political expediency

Or Guru Romney’s Yoga – that is, how many positions can one have on a single issue –refer to Exclusive Brody File Video: Huckabee on Romney: "How Many Different ...

"How Many Different Changes of Position Can One Have ... the first to admit that and when you add to that positions that he's held on ...

Or as Boy George might say – Chameleon Mitt -- Buzz

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