A CONTROVERSY ARISING FROM A PROBATE CASE
4:23-cv-03951

Controversies over rights are settled through a lawsuit when other options fail. Contrary to a common myth, the law, and the practice of law, are not difficult to understand. Only two (2) components are involved to resolve the controversy with a settlement or a Final Judgement:

  1. THE FACTS, relevant and material, excluding all others that cloud the issues.
  2. THE LAW APPLICABLE TO THOSE FACTS, beginning with self-evident truths of our organic Law, July 4, 1776, followed by the Constitution of the United States and Acts of Congress made in pursuance thereof, as supreme. Followed by the Constitutions of a State and State Statutes to the extent they are not inconsistent with the supreme Law of the Land.

RIGHTS AT ISSUE

The Right to Inherit.

            The right to inherit the property of your parents when they die is a Natural Right. This Human Right existed before humans developed the capacity to write. A capacity that enabled them to put in writing laws to help secure rights that otherwise might require force to secure or protect.

The Right to Private Property.

            The right to private property is another Natural Right of the Human Individual. A right as old as the Human Species. It is a right that is only secured if protected from theft with the right to restitution when taken. Theft of private property has always been a crime. The penal code of Texas defines theft as the unlawful taking of property. A perpetrator does not have to take all the property you own to be guilty of theft. If they unlawfully take a portion of your property they have committed a theft. You are entitled to restitution for what has been taken with additional compensation for your suffering and costs for recovery. When my father died a portion of his property became my property.

FACTS

My father died. I am his firstborn. I am his son. His desire to leave his property to me, and my Sisters, in equal shares, is well known. 20% of his Estate is my property. I have a natural right to this inheritance. Upon his death, it became my property.

The Harris County Probate Court is a Public Institution. It was created to benefit the Public. I am the public (one of the people) in the Republic of Texas. That Statutory Probate Courts in Harris County were created by the people’s representatives, the Texas Legislature, to protect my property acquired upon the death of my property. They were not created to profit those serving, either directly or indirectly, as officers of the court.

The facts of public record prove various actors, under the cover of their positions of public trust in the Statutory Probate Court of Harris County, have been complicit in the theft of my property, and other crimes, and conspired to deprive me of rights our Federal Government has a duty to secure.

LAW

The law of the State of Texas mandates that I, and his other 4 children, my younger Sisters, have ownership of an undivided equal portion of the property upon his death. Knowing this was consistent with his desire he chose to die intestate. In other words, without a written will. 20% of his Estate is my property.

The Civil Rights act of 1866 explicitly recognized this Right. Under that Act the Federal Government becomes responsible for protecting people from deprivation of this right under the color of the Laws of any State in the United States. It is a Federally Secured Right.

The Constitution of the United States, and the Acts of the United States Congress made in pursuance of that Constitution, are the supreme Law of the Land. This is known as “the supremacy clause” found in Article VI. The same clause states in the second half of the sentence as follows; “and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding”.

CONTROVERSY

Upon my father’s death my 4 Sisters and I became the owners of three (3) pieces of Real Estate in Texas, his car, his cash in bank accounts, and household items. A partnership, or joint venture, wherein each held an undivided 20% interest was placed upon us. None of us desired to maintain the partnership. We wanted to liquidate the assets and divide by 5. The Law of Texas mandates that if a person dies intestate the eldest, first born, decendent is to be appointed administrator of the Estate. I filed an application in with the County Clerk for Harris County, where my father lived, for myself to be named Administrator. It was assigned to a probate court. Probate Courts are created for the purpose of administering the Estates of the disabled or of the Deceased. They begin as a ‘Case’ without a controversy. In these courts there is no plaintiff and there is no defendant. There is the Applicant. They are ‘in rem’. The applicant is applying to have the Estate (the ‘rem’) administered.

But these Courts have been taken over by Attorneys who have made probate law their chosen field of practice. Some of them become Judges in these Courts. Unknown to me when I filed with the clerk, these courts have been taken over by probate lawyers. They have corrupted these public institutions to serve the private interest of their particular class. In violation of the statutory law of Texas they deny applicants their right to serve as administrator of the Estate they have an interest in. They choose, instead, to appoint a crony, a fellow probate attorney, to the position of administrator. The appointee then misrepresents the law to the Beneficiaries of the Estate (the owners) and violates the statutory law, in a conspiracy with the Judge that appointed him, a Judge that becomes complicit in the crimes of his appointed Fiduciary, to loot the estate. To commit, under the color of law, the Theft of the Private Property of the members of the public who have placed their trust in the Pulic Institution entrusted to the Public Servant operating under the title of “judge” of a Probate Court.

Protecting your property and other Rights when threatened by a Controversy begins with asking that division of our government known as the Judiciary to intervene between you and the other parties. You do this by filing an ORIGINAL PETITION. This is the beginning of the lawsuit.

See my ORIGINAL PETITITION

See also my JOINDER, an Additional Petition setting forth the facts. I filed it in November 2024 joining three (3) more Probate Court Judges as Defendants

You can see ALL that has been filed in the case by establishing a free account with PACER and going to case 4:23-cv-03951,

But you will be charged to view pages of the documents that have been filed with the clerk. I will provide free access to some of these. See the Docket Report for a list of all as of January 24, 2025. Contact me with the docket number and I will send to you what the clerk filed under that number.