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

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

  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, after the death of the wife in 1992, 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.

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

Litigation in five separate court cases since 2002 has uncovered clear evidence of six different covert acts by legal and healthcare professionals between 1992 and 2002 to compromise the surviving co-settlor (then serving as successor trustee) and to subvert and violate the family trust for their own long term advantage to the detriment of the intended family beneficiaries.

#1: Nurse Violates Professional Ethics: the hospice nurse assigned in 1992 to provide end-of-life care to the wife along with her family members (husband and children) violates bedrock healthcare ethics by failing to break off relations with the husband after the wife’s death. The nurse, a replacement for the caregiver initially assigned by the healthcare group, quits her job instead. 

#2: Nurse Compromises Surviving Co-Settlor: during 1993, 1994 and 1995, the hospice nurse develops a personal relationship with the widower/husband gradually isolating him, cutting his family communications, interfering in his relations with his children and step-children, and slowly laying claim to the wife’s personal possessions.

#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 secretly transferred to the nurse in violation of the TRUST Agreement. An estoppel document is used to certify the transfer.

#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. The younger generation does not learn of this covert - and untrue - written advice until 2007.

#5: Survivor’s Estate Legally ReConfigured: in 2000 this same  law firm reworks the widower/husband’s will, establishes the hospice nurse as the personal representative of his estate, and withholds these arrangements from the younger generation until after the widower/husband’s death in 2002. The TRUST Agreement itself is secretly revised and amended (although no copy of this amended agreement has been obtained as yet by the younger generation beneficiaries).  

#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.

(covert parts of individual acts shown in purple)

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

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 legal 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 COLORED BOX)

 
  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

 

1992-2002

 

2007-

 

2008-

 

2006-

 

2002-2003

 

2003-2005

 

1950-1992

 

This website uses generic descriptors for individuals and for organizations including law firms, healthcare institutions and courts. Each generic identity corresponds to real people or organized entities involved in Underlying litigation.

Actual district, state and federal court case numbers can be made available on request to the following inquirers: (1) attorneys licensed to practice law in the State of New Mexico willing to support the trustee’s litigation; (2) individuals or groups seeking to invest in or contribute to the Santa Fe TRUST Case Advocacy Fund; and/or (3) any family trustee or beneficiary of a family trust who has experienced - or is experiencing - trust and estate difficulties similar to those described here.

Qualified inquiries should be initiated by email only to “sftrustcase@swcp.com”.