Website of the . .SANTA FE TRUST CASE    contact: sftrustcase@swcp.com

    . .  documenting professional corruption of trust and estate protections using facts from actual litigation      

 

A Family Trust Can Be Vulnerable to Professionals Outside the Family

While an express trust can be a useful family agreement, it can be vulnerable on many fronts to attack or compromise from those outside the family. It is particularly vulnerable to professional members of the real estate, legal and/or healthcare communities who become aware of and manage to gain access to the family trust agreement. Fraud and unscrupulous professional practices can breach the protections established by the family members and make off with the family’s principal assets, the real property placed in the trust estate.


The Santa Fe TRUST had such vulnerabilities and they were exploited by both legal and end-of-life healthcare professionals operating in Santa Fe, New Mexico who were able to take advantage of newcomers from the midwest.



Litigation in five separate court cases since 2002 has uncovered clear evidence of six separate covert acts by legal and healthcare professionals between 1992 and 2002 to subvert and violate the family trust for their own long term advantage to the detriment of the intended family beneficiaries.

  1. Inherited Land

  2. Remarriage

  3. Home Purchase

  4. TRUST Agmt

  5. TRUST Estate

 
  1. Hospice Care

  2. Irrevocability

  3. TRUST Viol’n

  4. Land Transfer

  5. Home Transfer

 
  1. Hospice Nurse

  2. Att’y Conflict

  3. Att’y Quits

  4. Att’y Threats

  5. Release Offer

 
  1. Land Recovery

  2. Mediation Viol’n

  3. Order Violation

  4. Nursing Compl’nt

  5. Att’y Threats

 
  1. Statutory Claims

  2. Pro Se Complaint

  3. Trustee Standing

  4. TRUST Review

  5. Court of Appeals

 
  1. Common Law Claims

  2. Att’y Complaint

  3. Att’y Quits

  4. Court of Appeals

  5. Supreme Court

 
  1. Full Complaint

  2. Pro Se Filing

  3. 20-Yr Scheme

  4. TRUST Constr’n

  5. Legislation

 

Covert (now-known) Professional Acts to Subvert and Violate the TRUST

Other Covert Professional Acts to Subvert TRUST (of still unknown origin)

#1. Nurse Violates Professional Ethics: the hospice nurse assigned to provide end-of-life care to the wife in 1992 violates bedrock healthcare ethics by failing to break off relations with the husband after the wife’s death.

#2. Nurse Compromises Surviving Co-Settlor: during 1993, 1994 and 1995, the hospice nurse develops a personal relationship with the widower/husband cutting off his relationship with his children and step-children.

#3. Inherited Land is Transferred to Nurse: invoking the husband’s powers as successor trustee, title to the inherited land in the trust estate is transferred to the nurse in violation of the TRUST Agreement. 

#4. Deceitful Legal Advice is Issued by Law Firm: in 1999 and 2000 an established Santa Fe law firm deceitfully and secretly advises the husband (and successor trustee) that the TRUST Agreement allows transfer of the family home to the nurse.  

#5. Survivor’s Estate Legally ReConfigured: in 2000 this same  law firm reworks the widower/husband’s will establishing the hospice nurse as the personal representative of his estate. The TRUST Agreement itself is revised and amended (although no copy of this amended agreement has been obtained as yet).  

#6. Family Home is Transferred to Nurse: finally later in 2000 the Santa Fe law firm drafts a warranty deed transferring the family home from the TRUST to the nurse and husband as “joint tenants” in violation of the TRUST Agreement  . The firm gets the husband/trustee to sign the deed, witnesses it, and files the deed with the county recorder. The transfer is kept secret from the children-beneficiaries and is made without their written approval.

Three other covert acts necessary for the trust violations above apparently occurred in 1992 prior to the death of the wife: (i) one or more professionals outside the family gained access to the full terms of the TRUST Agreement, (ii) someone caused the first hospice nurse assigned to the family to be replaced by the nurse who later set up and benefited from the property transfers, and (iii) someone arranged to have the “corporate trustee” removed from the TRUST Agreement just prior to the wife’s death.


                                    (TO GO TO ANY TIME PERIOD OR CASE, CLICK BOX)

1990-2002

 

2007-

 

2008-

 

2006-

 

2002-2003

 

2003-2005

 

1950-1990

 
  1. Hospice: Nurse violates professional boundaries

  2. Family Land: Nurse gets Family Land from trustee

  3. Santa Fe Attorneys: Trustee/Husband visits law

  4.                               firm for secret estate work

  5. Legal Opinion: Attorney issues secret legal opinion

  6.                               that the TRUST can be revoked

  7. New Will: Santa Fe attorney creates Husband’s Will

  8. TRUST Amended: Attorney revises TRUST terms

Post-Probate Case Details