American Family: A Living Trust Scam?

According to this article, a North Carolina judge has ordered a company called American Family Prepaid Legal Corp. (and what looks like a sister company called Heritage Marketing and Insurance Services) to stop hawking their wares in the state.  The "wares" in question are estate planning services, and a lawsuit is pending against the company (the North Carolina Attorney General filed suit against the companies back in May).  According to the article:

American Family Prepaid Legal would solicit customers to buy legal services plans to create living trusts to avoid paying probate costs, the lawsuit says. The company billed its living trust, which cost $1,995, as a bargain when compared with probate costs, the lawsuit says. But for someone to pay almost $2,000 in probate costs, his estate would have to be worth more than $500,000, the lawsuit says. Once the consumer signed up for the living trust, a Heritage sales agent visited the home, ostensibly to have the consumer sign paperwork but really to try to sell deferred annuities.

This is pretty much the same rationale that was used in Pennsylvania earlier this year (see this article), when Pennsylvania's attorney general filed suit against American Family and Heritage, and American Family was kicked out of The Better Business Bureau of Western Pennsylvania.

A few months ago I had some not-so-nice things to say (here and here) about a group of "legal reformers" called HALT.  Sure enough, HALT recently defended American Family Prepaid Legal (here).  Part of HALT's argument is true -- I agree with the statement that "[s]tate and local bar associations use unauthorized practice of law statutes to prevent affordable alternatives to lawyers from being able to do business."  However, these statutes do also have a valid purpose of consumer protection.  Unfortunately, the folks at HALT, in their quest to make consumers safe from evil lawyers, appear to have succeeded only in making consumers more vulnerable to evil non-lawyers.  Nice work!

Comments

[Cheryl E. Hill]

September 20, 2006

Lynn Loughlin Skerpon
Register of Wills for Prince George’s County
P.O. Box 1739
Upper Marlboro, MD 20773

Re: Estate of Elijah McKinley-73848

Dear Ms. Skerpon and to Court Officials and Judges of The Maryland’s Orphans’ Court:

I, Cheryl Elizabeth McKinley Hill, first born, eldest daughter/eldest child of Elijah McKinley, do hereby make it known that I am very disturbed and dissatisfied with the manner in which my father Elijah McKinley’s estate is being handled in accordance with an alleged last minute, death bed, Last Will and Testament and the implications thereof in accordance with a Revocable Trust and alleged hidden/ secret directives in which Khysha L. McKinley, Nathaniel Wheeler, non-relative of blood kin, and the attorney, Francis John Kreysa, representing Khysha L. McKinley are privy to alleged secret information that affect inheritance or disinheritance of the other three legitimate blood heirs. Additionally, Khysha L. McKinley is benefactor and is given everything and my father’s other three children who are equally kin to him as is Khysha, and are direct first line descendents have been given nothing as indicated by the alleged Last Will and Testament. Cheryl Elizabeth McKinley Hill, Rosalind McKinley, and Anthony J. McKinley have been effectually disinherited.

The fact that my father, Elijah McKinley’s alleged Last will and Testament was made in Maryland’s Montgomery County 28 days prior to his death is very suspicious, particularly, since there was such a shroud of secrecy surrounding his final days and eventual death. None of his three other children, nor, his sister, Warna Mae McKinley Irby; and favorite aunt, Josephine Briggs Nance, his mother, Queen Briggs McKinley’s last living sibling, age 92, residing in Brandywine Maryland, Prince George’s County; as well as, two nephews, Melvin and Charles Irby, sons of his sister Warna Mae McKinley Irby; residing, also, in Prince George’s County Maryland, was not aware of any illness or that my father was on the verge of death! None of us were notified of his death until the evening of April 28, 2006 shortly after he breathed his last breath of life at 7:53 p.m., Eastern Standard Time. Khysha L. McKinley and Nathaniel Wheeler, a non-relative knew it all, but the rest of us knew absolutely nothing at all.

Another deep concern is that Khysha L. McKinley did not practice due diligence regarding the best health interest of our father for ensuring that our father, Elijah McKinley, was transported from Prince George’s County Hospital to Washington Hospital Center where his regular attending physicians practiced who knew his illness, symptoms, and medications specific to his illness/symptoms so as to offer appropriate quality medical treatment to safeguard his life.

Additionally, Khysha L. McKinley, simultaneously, did not practice due diligence by failing to notify the family about how gravely ill our loved one was, or, enlighten us about the fact that he was on the brink of death so that we all could have shared the burden and taken up the slack to be available around the clock to sit by his bedside and assist in making appropriate decisions safeguard his life, and, at least, to experience closure with him before he died.

I am further disconcerted, and, discern that it is incredulously, unbelievably, ironic, even, that within the last 28 days of Elijah McKinley’s life spanning 75 years, he, supposedly, travels to another county, Montgomery County to be exact, outside of Prince George’s County, while heavily medicated with anti cancer medications sets up an intricate Last Will and Testament aligned to hidden/secret directives/wishes for his Estate &Trust witnessed by ambiguous witnesses to boot; and, this will, of course, supersedes and/or replaces all other wills; this will also includes the appointment of an Executrix/Personal Representative to carry forth secret directions/wishes for a trust and execution of his entire estate with Khysha L .McKinley being named as such, and the only benefactor; but, yet, Elijah McKinley’s other three children are excluded and being naught as benefactors; all this engagement of activity by a man who has death hanging on to his coat-tail in his last days alive on earth with ambiguous witnesses standing by.
I wonder if is just pure coincident that Khysha L. McKinley’s place of employment is also located in Montgomery County where my father made his lat Will & testament?

Furthermore, comparatively speaking, Khysha L. McKinley’s already demonstrated lack of due diligence to safeguard Elijah McKinley’s life is not commensurate with Khysha L. McKinley’s appointment by the Court to practice due diligence to execute appropriately over Elijah McKinley’s Estate/Trust and have sole, total discretion to make limitless decisions thereof; the lack of due diligence already demonstrated is not commensurate with the expectations that due diligence will be practiced accordingly to all other important matters.

I am further in a quandary, dumbfounded, and in a state of shock that my father would make such drastic changes to his Last Will & Testament and, thus, giving total authority to his youngest daughter/child Khysha L McKinley to actualize his Estate and/or Trust in the manner as represented by his alleged Last Will & Testament inclusive of alignment to secret directives/wishes for the Elijah McKinley Trust without regard to me, in particularly, his eldest daughter/child because, at an earlier, point in time, my father told me that I was the Executrix of his Will/Estate. My father always intimated to me that his estate would be fairly distributed among his four children. My burning question is where are the preexisting /former wills and codicils in light of the fact that a new alleged will was made so close to his death? Should they not be presented to this court?

An additional incomprehensible, mind boggling factor is that Nathaniel Wheeler, who is not related to my father by blood at all, yet, he is second in command to Khysha L. McKinley and in the event that something happens to her, he, Nathaniel Wheeler, will have discretion to reign over blood heirs to give or not to give and/or distribute or not distribute monies and/or properties as well as to have and to hold versus not having and holding, comparatively, for the blood heirs/issues of Elijah McKinley.

Since my father and I had an amicable relationship and were on good terms, and I exemplified a daughter who made my father proud. I was never a cause of grief, harm, or a source of any embarrassment to him. Persons, many belonging to his Sterling High School Alumni Association, (New York, Washington D. C.-Maryland Metro area-Greenville, S. C. home-based), who have known my father, my mother, his first wife, and me for all our lives always have commented on how proud my father was of me and how he thought well of me. He confided in me and told me about his desire to have an equal distribution of his life’s accumulation among his four children.

At the time of my father’s funeral and burial, I asked Khysha L McKinley about the whereabouts of his will, and, she claimed to have not known about any existence of a will. It was my desire to have a family meeting to discuss the details of my father’s estate and to set up proceedings to search out the whereabouts of an existing will before we, the siblings, children of Elijah McKinley all left town to return to our respective homes. However, Khysha L. McKinley told me that, perhaps, when she went to my Father’s bank, hopefully, she would be advised about the whereabouts of his will. Khysha said that her appointment time to meet with the bank officials was to take place in the afternoon of May 10, 2006; since my sister Rosalind McKinley was to leave on the evening of May 9, 2006, and I was scheduled to leave around noon on May 10, 2006; I offered to change my flight to a later time or to stay an extra day so that I, too, could be present at the bank appointment concerning my father affairs. However, Khysha encouraged me not to change my travel plans and assured me that she would make expedient steps to research the whereabouts of our father’s Will and let all of us know in a timely manner about its contents and any other pertinent information. I put my faith and trust in her to do the right thing. Upon calling Khysha on several occasions after my return home to Houston, Khysha L. McKinley never returned my calls and any other relative’s calls. It is as if she had fallen off the ends of the world; she never returned calls and ceased to communicate with the family. I later found out from a relative that Khysha L. McKinley had revealed having knowledge about the contents of a will prior to all her siblings’ arrival in Prince George’s County for the funeral and burial of our father; yet, she told my sister Rosalind and me that she was clueless about our father’s will. So in essence, we were deceived.

In summary, simply put, the entirety of the secret, deceptive events surrounding my father’s last days equate an intricate, grand scheme to disinherit “other rightful heirs, first line descendants” of Elijah McKinley known by name and blood as Cheryl E. McKinley Hill-first daughter/first child, Rosalind McKinley-second daughter/second child, and Anthony J. McKinley-third child/only son.

Sincerely,
Cheryl E. McKinley Hill

Addendum: On the Information Report of the Elijah McKinley’s Estate (73848), Date of death listed as August 4, 2005 which is incorrect; actual date of death April 28, 2006. Elijah McKinley did own real property located outside of Maryland. He owned a lot where the McKinley homestead was located at 315 Bethel Street, Greenville, South Carolina, prior to the house burning down. This location was the site of my first home to which I was brought home to from the hospital as an infant. The original deed to this home was held in the names of my grandmother Queen Briggs McKinley and her sister Josephine Briggs Nance, and then after my grandmother died, my father, Elijah McKinley bought his aunt Josephine’s part out and then his name went on the deed, Josephine’s name came off the deed, but my Grandmother’s name remained on the deed.

Another inaccuracy regarding Elijah McKinley as indicated on his Death Certificate:
Elijah McKinley’s birth state is South Carolina not North Carolina

For the record Elijah McKinley’s full name is Elijah Moses McKinley. He was named after his paternal and maternal grandfathers-Moses McKinley and Elijah Briggs.

[Cheryl E. Hill]

I, Cheryl E. McKinley Hill,would like
authentic feedback about whatlegal recourses are available for me to pursue in accordance with my predicament regarding my described posted statement filed with the court about my distress concerning my deceased father's supposedly last will and testament directives regarding a revocable trust which simultaneously disinherits all but one of my father's children.

In addition to this descriptive statement, I filed with the court describing my plight, I intend to also file a form to caveat the Last Will and Testament based upon suspicion of a variety of indicators pointing to unduly influence as described in Moore v. Smith. Additionally, I beleive my father's varied anti-cancer drugs impeded his thinking. The making of a Last Will & Testament 28 days prior to death while, obvious, very ill as indicated by his death so shortly thereafter is highly suspect.

Moreover, the exsistence of a former will not exhibited as of yet is not in keeping with forthrightness. The shroud of secrecy surrounding his death and the manner in which my father's other heirs and close family members were kept in the dark and not notified until minutes after his death.

Also, since my father was married three times, I am the only child from the first marriage. My sister Rosalind is the only child from the second marriage. Anthony and Khysha are from the third marriage.

The house that my father owned at the time of his death was purchased with his third wife, but she preceded him in death more than 20 years ago. If in the end, my father's estate is fairly distributed, how does that affect the inheritance of the proceeds from this home for my sister Rosalind and me who are children from previous marriages?

Another point is that since my father's sister is still alive, how is the property that succeeded to my father upon the death of his mother after he bought my grandmother's sister's half out, and thus, my father's name replaced his aunt's name; yet, my grandmother's name remained on the deed, even though, she had passed on.
How does the fact that my grandmother's name is still on the deed affect the equal distribution of ownership and/or proceeds of sale? Is my father's sister who is still alive included in the ownership and/or proceeds upon sale of this property since my deceased grandmother's name is still on the deed although she preceded my father in death over 30 years ago?

One final point, my mother is the only living mother of any of my father's children; although my mother remarried after the divorce between my father and her, my father never paid his fair share of my support as a child, nor, my educational expenses in grade school, high school, and college. And, I endured alienation of not having my father's presence and affection throughout my childhood. Therefore, is it within legal bounds for me to file a claim on behalf of my mother and me for unpaid child support and for the endurance of alienation of affection against my father's estate/Trust?

I would appreciate comprehensive
comments/feedback/suggestions.