The Tender For Law

Volume 3

Jul 13, 2013 3:34 PM

Robert Cormier

Just prior to the death of my mother, my step-father and my mother signed the back of a vehicle registration form and gifted me a car as a token of appreciation for all my help. Immediately after the death of my mother, my money crazed EVIL step-brother and step-sister (who hated my son and I because they knew that my son and I were in my "Dad's" LAST WILL AND TESTAMENT and were situated to get an equal share of my his Estate) sequestered my father from us by keeping him in their home without allowing my son and I access. Anyways, not a week later I get a call from my "dad" and with the prompting voices of the evil children in the background, my "dad" asks me for the car back, and, with much stress in his voice he informs me that he has changed his mind, and, has now decided he doesn't want to gift me the car. He now wants it back. Pissed, and realizing what was going on (he's a self professed victim of elder abuse at their hands) I reminded him that he has already gifted the car to me. After more prompting by the evil kids in the background, he tells me meekly that if I don't deliver the car by 8pm he would call the police. Fast forward to today...I have the car and "can't" get it registered in "my" NAME because: a) Service Ontario requires that my declaration that the car was gifted be verified by my step-father attendance wherein he must SWEAR or AFFIRM that he gifted the car in the presence of a Notary. The only other option provided by SERVICE ONTARIO is that I COMMIT FRAUD and claim I purchased the car, inform them of the amount I paid, and pay tax on that amount (this would obviously potentially cause injury to my "dad", as I'm sure that the CRA would be expecting him to declare the extra income on his tax return). So, I am driving a car that is mine, which I cannot register unless I commit fraud. The tags on the plates have expired which I can't renew. Even though I have paid for insurance in "my" NAME, it is my understanding that the insurance provided is invalid because it must be in the name of the registered owner (they claim otherwise - the do highlight the fact that any potential claims that would normally be paid out to me would be paid out to my "dad"). The point of the story is: due to my unwillingness to commit FRAUD, I inadvertently find myself following in the tracks of Dean Clifford. I still have my drivers license though, and, if you'll recall from another post, it's signed Director for: followed by my signature.

Read Comments

Robert Cormier

ChiefRock gave me an interesting document to post in my car window. It's a notice with a fee schedule for attaching any kind of financial instrument to my vehicle. It also has a fee schedule for towing it, charging me, or, hauling me off to jail. ChiefRock Sino General ROCKS!

Phillip Prater

I think i would use the part it out method. Follow up with the scrap collector or give them back the shell. If the title is dated, you then wait til they benefit from it and present the title to the police as missing. Another option is, sell it back to them.

Scott Duncan

Nothing.

It's ALL fraud. The "Attorney General" is just some schmuck who was popular in his district. He could be gone in the next cabinet shake-up, or he could lose an election in his riding. The Attorney General IS CLUELESS! The rest are in on the scam.

Stop trying to appeal to your rapist.

Robert Cormier

Scott Duncan: What do you suggest (or hint at) as a remedy for my particular situation? As much as i admire Dean Clifford, I am not ready to go down Dean Clifford's path just yet. What option would you suggest (or hint at) to best shield me from harassment at the side of the road by people with guns?

Pete Daoust

Scott Duncan KEY proverb :D

Stop trying to appeal to your rapist If it�s difficult, you are doing it wrong I�m in for the tail Stop using their Clubhouse Rules FUCK OFF We are just a semi-evolved chimp that made it this far SHUT UP YOU are NOT a PERSON VOID IT WITH A RED INK STAMP Tingling�.. BANNED ! Are YOU addressing ME ? Fucks the Puppy

Pete Daoust

hate [heyt] Show IPA verb, hat�ed, hat�ing, noun verb (used with object) 1. to dislike intensely or passionately; feel extreme aversion for or extreme hostility toward; detest: to hate the enemy; to hate bigotry. 2. to be unwilling; dislike: I hate to do it. verb (used without object) 3. to feel intense dislike, or extreme aversion or hostility. noun 4. intense dislike; extreme aversion or hostility. 5. the object of extreme aversion or hostility. Origin: before 900; Middle English hat ( i ) en, Old English hatian (v.); cognate with Dutch haten, Old Norse hata, Gothic hatan, German hassen

Beverly Berta Braakschmack

Robert... my opinion... give them the fuckin car back. There's eleventy-billion cars out there! Unless my father and I spent many a happy weekend building it from scratch together, I wouldn't even want it. It is this kind of greed and infantile thinking that creates all the problems we are seeking remedy for today.

Beverly Berta Braakschmack

When my Opa was dying my father told him his kids were gonna fight over his shit. He didn't believe my dad. The man only had a car, leather sofa and some dough in an account ($30G). And sure enough they DID!. My parents took care of him for the last years of his life and when he moved in with them he brought a little chandelier which my mom hung in some room. The family wanted EVERYTHING to go to auction INCLUDING that fucking chandelier and my mom refused to take it down. How stupid. Opa was in the Army and they EVEN AUCTIONED HIS UNIFORMS �OMFG! I told my dad to make sure to buy those back and give them to my cousin who was named after Opa. They auctioned all his black and white personal photographs... everything...

Kelleran Holman

if the man signed off the "ownership" then his interest in it is done. Robert has the car, and the title signed by his "dad"...it is his car now, if he feels he must "register" it and "dad" won't witness the affidavit, then he will have to pay taxes on the value...get the car appraised...go pay the tax, done.

Lana Dukakis

Thank's Derek for the suggestion. :) I'm confused how he might help though? I mean, everyone was suggesting liening through a notice procedure. And even though cars are involved I'm dealing with a house and a property in the states and cars and bank accounts which have disappeared and have been sold. Am I missing something?

Lana Dukakis

Since this happened though I have met quite a few people with very similar stories to me. It's been surprising. I'm learning its not uncommon for families to do whacky things when someone dies and money is involved. I thought it was more rare. :(

Lana Dukakis

Its true that I didn't lien anybody or the house etc. But I never allowed/gave permission to sell our inheritance. People were saying I should still lien my step mom and charge fees. Do you think it's too late for that Beverly? Now I'm more confused. I don't know who is right. You say its too late and they say its not. :(

Lana Dukakis

I don't know how to do a lien. I am studying though. But its confusing to. I mean, how do you lien a grandfather clock that was passed down for generations. I don't know the make or serial number. Same with the cars. I don't know my step mothers SIN number. I used to know her middle name. I mean I heard it years ago but I've forgotten it.

Steve Lemieux

Lana, I would advise to consider letting this go. Learn from it and move on. Achieving remedy at this point is territory for someone who is VERY schooled in administrative processes AND being able to STAND on those processes when CHALLENGED. If you decide to start down this path, be prepared for many sleepless nights and much pain and frustration.

Lana Dukakis

I wish I could let it go Steve. I haven't slept well since. Really! I feel so violated and angry and hurt. If I could get what I should have coming to me it would completely change my life. I work part time for a little more than minimum wage and can barley pay my rent or eat. My shit car has broken down and I can't afford to fix it. Soon any value it may have will be gone because a mechanic told me that if I don't get it running in the next few months or sooner the motor could seize, then I'll get $40.00 for the scrap metal. My Dad worked very hard all his life to pass something on to my sister and I. It's like she wiped out the core of his intentions to work hard. It's like she wants to pretend that none of his work was done for me and my sister. It's just so wrong!!!! I am sooo steaming MAD it's making me crazy. To turn my back on it would be to turn my back on what my father stood and lived for.

Lana Dukakis

Exactly I'm not sure Pete Daoust without taking a few hours to give you the most accurate answer I can. I'm guessing about at least 8 or 9 hundred hours including research, note making for my lawyer, phone calls etc.

David Johansen

Lana Dukakis, writing is substance over form. you dont need to know exact specifics like a persons soc.sec. # simply a name and an address, and as far as somthing like a grandfather clock, unless it was at a clock shop with a hundred others, simply a brief description of the item in question suffices.

as far as a lein, you can only file a lien against somthing that has a title which could be transferred between parties while the actual item itself could be held under bailment.

Lana Dukakis

I am the executor of the Estate. I had just over $4,000 in my savings account. All that went to my lawyer within about two weeks. I still owe my lawyer over two thousand. My lawyer wrote a few letters, made a few phone calls and informed me the money was gone and that I owed her even more. When I told my lawyer I couldn't pay anymore immediately, their office sent me a bill and wished me luck. I tried to take care of it on my own. I found Robert Menard on youtube and follwed him for a while. Those were long nights trying to learn what I could. That lead me to Dean Clifford stuff on youtube. Anyways, I did my best to administrarte this on my own and wrote a bunch more letters. Then I heard about charging for my time from Dean. I called her lawyers office to say I was going to charge $500 per hour for my time. Since then, they have never responded back to my letters. I guess that means they don't want to contract with me.

Lana Dukakis

Haven't gone to court because I don't think I know enough about their cluhouse rules to win. That's why I was thinking of going to a JP and laying a criminal complaint. My thinking is that I will lay a charge first for stealing my property. If her lawyer was to mention that there are other matters involved, I would say yes and that I am going to be laying several more criminal charges and that those charges will be filed soon as well. My thinking is/was that once my step mom realized she may face jail time, she would likely change her tune.

Derek Moran

Its kinda like when Scott said its up to Dean Kory to ATTORN himself- its not for the CROWN's to accept/take, its Dean's to give/turn-over

It was not up to the Beneficiaries for them to arbitrarily TAKE the assets for themselves...it was on you as the Executor to hand-out/DISTRIBUTE the assets

Lana Dukakis

What do you guys think of my strategy to lay criminal charges. As I understand it if I lose I can still go for a civil/administrative remedy. I'm also thinking that way I don't set myself up for losing by way of estoppel. I mean if i study this for 6 months and then start it up again, they might argue that my silence over the months was an indication of my consent. BTW Thank you all so very much for all your input. <3 <3 You guys have helped me more than you know. More than my family even. In fact, they are thinking I am crazy with all this ""freeman stuff.

Derek Moran

First Notice > give so many days

Second Notice > give so many days

Final Notice/Notice of Default > mention- "...your acquiescence is agreement to everything i have claimed..."

POST Public Notice on the internet somewhere, and especially in a Legal Notice section of the newspaper for 3 days

..now, you have built a foundation in which to attach all this as exhibits to an Affidavit for if you need to take this to court

Lana Dukakis

I'm confused Pete. Don't I have to send them my rates in writing first by registered POST so they have an opportunity to decide if they want to do business with me at my rates, or? Sorry I'm learning. I appreciate your patience. I really do!!

Pete Daoust

Your situation will reach a very HIGH complicated process, and it's so simple.......everyone I see in these groups are complicating stuff to INSANE ends, for absolutly NOTHING......always the same, folks wants it complicated :D

Derek Moran

You never expected that your family would try to DEFRAUD you, let alone, attempt to DEFRAUD the EXECUTOR of your father's estate ffs- so yes, send the INVOICES Pete is talking about for all the bullshit now they are putting you through, and STAPLED to the Notices you send them.

Lana Dukakis

Administratively, I did as far as they are concerned. I sent several more letters that weren't responded to. Then I stopped sending letters. Then I went to the police. I had a few officers over, on different occassions over the past few months hoping that a new officer would take my side. That never happened. Then I called their Seargents or whatever and asked to get service. That's been an on and off thing as they work weird shifts, are off for days, or on "assignments". Finally I was told by a supervisor cop to lay charges with a JP if I didn't like the way the police were treating this. Anyways it's been months since I wrote to her lawyer as I was thinking of laying charges and have been putting those documents together.

Pete Daoust

Lets say you send an invoice of 800 hours X $400.

That gives $320,000.00

you might ended up with $160,000.00 after everything is finished....

So take the amount you think you deserved, and multiply it by 2 and take that amount and divide it by the amount of hours you've spent on this fuck up :D

Derek Moran

Did you send them LETTERS, or, did you send them NOTICE...?

NOTICE = conveying KNOWLEDGE in a FACT-IN-LAW

LETTERS = sending them the same as a fucking 'love-letter,' you arent interested in having a "chat" with this lawyer

Lana Dukakis

I'm still not sure about PROPER NOTICE. I did send "letters" with NOTICE TO CEASE AND DESIST, NOTICE OF HARM AND FINANCIAL INJURY, and so on. Not by registered mail and I don't know if they were properly written to be called a PROPER NOTICE. These were ignored. About 30 letters (including NOTICES) were written and sent. Most weren't responded to and about 90% of the responses never addressed my questions or concerns. Most told me to hire a lawyer as it would be prejudicial to my interests if I didn't.

Lana Dukakis

Somehow they illegally obtained a death certificate. The funeral director told me that I was the only one who could give out the death certificate as I am the executor. If asked for a death certificate, the funeral director told me they would refer whoever to me. Anyways, the assets were liquidated upon presentment of a DC which I never gave. I held on to them (didn't give one to my step mom) because I wanted to tally the estate and didn't want her to use it to liquidate the estate. Somehow she got a hold of one.

Phillip Prater

I am with what Pete said. It was his will that put you in charge. charging for executive duties are paid by the estate. It is your duty to act honorable. If they have made off with the stuff BILL them for it. If they dispute what you charged for it then produce it. It is your job as executor to do the accounting of it. "If you can't produce the stuff, it will be accepted that you agree to my price and have committed theft against this estate." signed, honorable when others aren't

Lana Dukakis

Their lawyer's position is that the will (TRUST) isn't worth the paper it's written on as "survivor-ship rights" take precedence. In other words anyone who is married and makes a will has wasted their time and money and are fools because their WILL and WISHES do not matter at all. The trust is worthless/of absolutely no effect, and is superseded by statute law.

Lana Dukakis

Derek Moran Have you looked-up what �rights of survivorship� and "survivor-ship rights" even mean? January 16 at 4:41pm � Like Lana Dukakis Yes I have. It seems to support what their lawyer says. A will (when married) is useless. Married people can't give anything to their children, family, friends etc. It all goes to the survivor. <-- If I understand it correctly.

Derek Moran

Yes i have. As an example, i have Aunt/Uncle who had 3 kids. One died at an early age. As i interpreted it, even if the child who passed away is still in their Will, the "Survivorship-Rights/Rights-of-Survivorship" would say, the assets would be DISTRIBUTED between the last 2 remaining kids.

Anyone left as Beneficiaries in your dad's Will pass away?

Lana Dukakis

^^ This is their clubhouse rules argument. Married people who are survived by their spouse can't give anything to anyone through a will (other than the surviving spouse) because of RIGHTS OF SURVIVORSHIP. Does anyone know anything about this? Wills are a waste of time and money and aren't worth the paper they are written on. WTF?

Lana Dukakis

Jury trials

108. (1) In an action in the Superior Court of Justice that is not in the Small Claims Court, a party may require that the issues of fact be tried or the damages assessed, or both, by a jury, unless otherwise provided. R.S.O. 1990, c. C.43, s. 108 (1); 1996, c. 25, s. 9 (17).

Trials without jury

(2) The issues of fact and the assessment of damages in an action shall be tried without a jury in respect of a claim for any of the following kinds of relief:

1. Injunction or mandatory order.

2. Partition or sale of real property.

3. Relief in proceedings referred to in the Schedule to section 21.8.

4. Dissolution of a partnership or taking of partnership or other accounts.

5. Foreclosure or redemption of a mortgage.

6. Sale and distribution of the proceeds of property subject to any lien or charge.

7. Execution of a trust.

8. Rectification, setting aside or cancellation of a deed or other written instrument.

9. Specific performance of a contract.

10. Declaratory relief.

11. Other equitable relief.

12. Relief against a municipality. R.S.O. 1990, c. C.43, s. 108 (2); 1994, c. 12, s. 41; 2006, c. 21, Sched. A, s. 16.

Lana Dukakis

:( I don't prostitute myself. Never have and never will. I've been desperate before as I am now and have had offers to trade sex for money (something I may want or need), but just not interested. It's not my style. Not judging though. It's just not for me. But I do know people who smoke weed! :)

Derek Moran

Just spoke to my dad about how he was the Executor for my Aunt/his sisters estate, and how her bank really put him through the ringer answering questions before they'd release any funds

..seems the people at your dad's bank have some questions to answer regarding why they handed over everything to someone who wasnt the Executor, no?

Lana Dukakis

It seems they do have some questions to answer Derek. I don't know if she bought a new house Beverly. I can't get in contact with her. Her lawyer will not give me contact details. He says all correspondence is to go through him because he has power of attorney.

Lana Dukakis

I contacted a bank I know they had accounts together in and provided them the will. They quoted survivorship rights as well. They also sent me a document (regarding just one of their accounts) my dad signed years ago that said in the case opf his death, he left the balance of the account to her. I haven't written them back but I was thinking that the will was the last instruction he gave and would nullify that older agreement as it was his last will/instruction. Any thoughts on this? It was an American currency account if I remember correctly with about $40,000.00. Should I write back and say give me the money, the last will supercedes any previous wishes/instructions?

Lana Dukakis

The will says we get his interest in the house, a property in the states, all accounts, investments, cars, basically anything he had an interest in. Furniture etc. He created a codicil naming specific furniture as well. Furniture that were heirlooms and special pieces he wanted us to get that he brought to the marriage.

David Johansen

just execute it. once its complete you settle or collect on the lein. if there is chatel (property) and you have a fear someone who has current control over and possibly could sell it out from under you as executor, then an affadavit to it (wherabouts) and you get the sherriff to go looking for it.

David Johansen

as the executor, you can step down if you cant handle it. but then again i suppose thats why your here looking for help.

to quote Admiral Scott "You think wrong and value the wrong things", so you need to identify where work needs to be done and get on it.

Lana Dukakis

David "Just execute it" that's what I am trying to do but nobody is co-operating. I wish it were as easy said than done. :( By affidavit do yopu mean saying I am the executor, I can't locate the estate and ask the Sheriff to find it? I take it that's what you mean.

Lana Dukakis

I don't want to give it to the state to manage. I don't trust the state. I want to administrate it. I like the ideas here and will try the suggestions made here before I consider anything else. Thanks though! :)

David Johansen

as executor, you need to think like the king. you have to take control and tell others what to do., or that they can not do somthing. if they do somthing wrong you send them notice, and then follow through with the list, the order of filing paperwork. once the paperwork is filed properly you can obtain a warrant for the sherrif to take posession of chatel property and you collect it for safe keeping untill such time you can comply with the will you are executor theirof.

Lana Dukakis

And I thought I was rich with my 5800 coins. :( If I had some of my inheritance I'd buy a few super machines as well. BTW A friend saw your setup and said AMD cards would be better as they are better at math - decryption. I don't know myself. But this guy is a super geek. He hacked his school and changed his grades when he was 10 or so. Just sayin. Maybe something to look into before you spend more. :)

Lana Dukakis

Thanks David! I'm getting there. As I said I order them to cease and desist and they ignore me. But as Derek pointed out they were letters and not proper notices. I will do everything by registered mail from now on. :)

Lana Dukakis

Does the last will and testament supersede any written agreements made earlier? I'm sure it does, but the bank said they could give my stepmother the money in the American account because that's he agreed to years ago and it is binding on them. I'm speaking of the American currency account I mentioned earlier.

Lana Dukakis

It's not mentioned specifically. As I said the WILL was somewhat generic. Ex: All my property which I have an interest in...all my assets that I have an interest in, any bank accounts I have an interest in etc. I would assume that all bank accounts refers to ALL BANK ACCOUNTS including that one. ??