House Judiciary & Civil Jurisprudence Committee
Hearing May 26, 2010
Testimony by Lou Ann Anderson, Americans for Prosperity
Speaking On Barratry Laws (Interim Charge #1)

Texas is an attractive state in which to live. The appeal unfortunately extends to asset looters, grave robbers, property poachers even walker stalkers – individuals profiting from their own creation of a new, insidious threat in which Texans increasingly find their property rights, and sometimes personal liberty, hijacked through probate venues and/or probate instruments like wills, trusts, guardianships and powers of attorney. Estate mismanagement or pursuits of what can be called an inheritance litigation tax are ways in which this occurs.

I know your committee has been involved with barratry legislation focusing on personal injury or wrongful death cases. Barratry, in a more generic sense, refers to the generation of profit for legal services by an attorney who stirs up a dispute and encourages lawsuits in order to file what is typically a groundless claim. Please be aware that a review of problematic estate cases indicates attorneys appear to see probate as a new barratry growth area.

As background, unanticipated circumstances led me to begin researching probate venues and probate instruments as avenues for abuse and corruption. My initial focus was on wills and trusts and the opportunity that estate administration offers for diverting assets from intended beneficiaries. In learning about probate, guardianships also surfaced as another instrument available for use not only in stripping a person of assets, but also in stripping their basic civil rights. Administrative ease and casualness of process revealed a powerful advantage for parties with good legal industry connections and an incredible threat to the personal/property rights of an unsuspecting public.

During this time, I also was producer of a Texas-based talk radio program. My daily responsibilities included researching issues and scheduling guests on a wide array of topics important to our audience - individual freedom, civil liberties, property rights, wealth redistribution and the hazards of "big government." Examples of people using public policy and process to fulfill targeted goals - goals which sometimes benefitted a few at the expense of many - were readily identifiable. It didn't take long for my probate findings to gel into an issue I call an Involuntary Redistribution of Assets (IRA) which simply put is the use of probate venues and/or probate instruments (wills, trusts, guardianships, powers of attorney) to loot assets of the dead, disabled or incapacitated. This also resulted in my development of a web site, www.EstateofDenial.com, with its tag line "shining light on the dark side of estate management."

I was born and raised here in Austin. I've lived in Texas all my life and can't see ever relocating elsewhere. I love this city, I love my state and I'm horrified to see my fellow Texans' freedom, lifelong accumulation of assets or sometimes both be hijacked and plundered. Here’s what I've learned about probate cases and the potential for barratry.

On today’s charge, I respectfully suggest consideration of barratry laws associated with probate cases. Protection of citizens from unscrupulous behavior in this arena is totally lacking. If barratry is about contrived disputes, this is an area that provides great opportunity – currently just for the looters, but in the near future, hopefully as an avenue for reform.

Attachments included:
* Is Texas' population growth a "stimulus" for estate looting, probate abuse? (Part 1) (July 9, 2009)
* Is Texas' population growth a "stimulus" for estate looting, probate abuse? (Part 2) (July 13, 2009)
* Is Texas' population growth a "stimulus" for estate looting, probate abuse? (Part 3) (July 17, 2009)
* Is Texas' population growth a "stimulus" for estate looting, probate abuse? (Part 4) (August 3, 2009)
* Is Texas' population growth a "stimulus" for estate looting, probate abuse? (Part 5) (August 17, 2009)
* Boomers to Become “Rich” Targets for Estate Looters (December 12, 2008)
* Probate and Switch (September 1, 2008)
* “Grave” Problems in Texas: Looting Assets of the Dead and Disabled (December 2007)