RE: Jewell Robbins --- Review of Happenings and Current Court Case Dec 11th ..

Subject: RE: Jewell Robbins --- Review of Happenings and Current Court Case Dec 11th ...

RE: Jewell Robbins --- Review of Happenings and Current Court Case Dec 11th ...

There is a hearing on December 11, 2014 @ 10:30 AM in the Jessamine District Court - Probate Division ... The hearing is an OPEN hearing ...

Initially they wanted a "closed hearing" in-camera in the Judge’s Chambers – They never made the request so, it is an OPEN hearing in the Courtroom at the current time …

However, this is subject to change --- They could ask the Judge to change this at the hearing ... Would the Judge do this? ... Only the Judge could say ...

Please remember that we had our case scheduled for November 13th and adjourned (set-back) the hearing to December 11th as it was agreed upon that the Estate Special Representative would file a full-disclosure with the Court and then the Judge would decided what could be released to the Claimants ...

As of this time we do not know if this was filed as agreed upon ...

We will know at the hearing next week ...

So at this point and time we move forth with our original Petition before the Court and make NO assumptions that they have done what they said they were going to do ... We gave them the adjournment based on what they promised and the Judge is fully aware of what commitments that have been made ...

Our efforts are to get a full-disclosure of what has been going on for the investors ... We have the legal right to know ... And then communicate the information through e-mail update or online forum post ...

Let us all please remember that Probate has a process that has to be followed before the Court … We are following the process of law in our efforts  to help everyone … Some think it is all simple and quick, but the reality is that is not a quick process as we all can see … 

We have taken the liberty to review things for everyone in this update ... We ask all to read it thoroughly and just not glance at it ... In the past people have glanced through and missed very important details ...

May we suggest that when you read this, read it OUT LOUD ... It has been proven that when one reads out loud, one comprehends more of the information and understands better and read it more than once ... We personally have been doing this for years and it really helps, give it a try ... We just desire for all to have the real truth and understand it completely ... We are doing the very best that we can to communicate to everyone ... The suggestion is just to help ...

If you would hear what we have heard with the hundreds upon hundreds of phone calls & e-mails, (all the crazy stories with amounts of monies never ever mentioned before) you would perfectly understand our request … Nothing personal, we just owe it to our friends, family and other investors to repeat the real facts! …
 
We filed Petitions against Alvina Jewell "Robbins" Burgin's Estate to find out the actual truth after years of stories from Jewell and her family ...
 
We said from the very beginning of our efforts, we would seek the truth from a real authority - good, bad or indifferent ...
 
Who is the REAL AUTHORITY? ... The Probate Court in Jessamine County who is handling Jewell's Estate ... They are a bona fide public ruling authority and when they speak we will see the real truth ...
 
Matters at this time are in the hands of the Probate Court ... WE MUST FOLLOW THE RULES AND PROCEDURES TO FIND OUT THE TRUTH ... Many think it is a simply no non-sense way of obtaining information, but this is NOT the case ... So we proceed forward using the "system" to get all answers ...
 
The investments that Jewell Robbins offered were sold as an individual, not as a corporation which make the agreements, shares, S & A's, conveyances, love gifts & offerings a part of Jewell's Estate ... If someone thinks investments with Jewell are going to be paid outside of her estate, one must check Kentucky law because this is NOT the case ... DO NOT BE MISLED! ... If it has to do with Jewell - the agreements LIVE AND DIE WITH HER ESTATE ... This is the law!!! ... Not one of Jewell's contracts has a right to be conveyed to ANYONE (not even her children) ... The only right Jewell left in her will was instructions for someone to COLLECT on them! ... There are NO SIDE AGREEMENTS FILED WITH THE COURT FOR HER CHILDREN TO DO OTHERWISE ...

Currently Kentucky Law States that when someone dies and their Estate is opened a person that may be owed monies has to file a claim with the Estate through the Probate Court within SIX months of the Estate opening ... Jewell's Estate opened Dec 13, 2012 and the Claims Period closed June 13, 2013 ...
 
If a person filed a Claim with the Court by the June 13, 2013 date you are protected if there is monies turned over to the Probate Court ... Otherwise at the current time a person who did not file is on the outside looking in and by law they are excluded from anything ...
 
Now, we do have a pending case before the Court in an attempt to protect all Investors should there be monies ... We filed the Petition with the Court and it will be heard December 11th  ...

This will tell whether those who never had the opportunity to file a claim can be included in on the opportunity when monies are given to the Court ...
 
We keep mentioning these facts because they are the reality of the situation and people must view this from a real viewpoint … Where do you stand on this? ... If you folks filed claims (by June 13, 2013) you are protected ... If you did not file a claim before June 13, 2013 you have to wait and see how the Judge rules on our Petition in an effort to have all Investors have the opportunity to file a claim ...
 
We are currently  using a U.S. Supreme Court Case about Probate Notifications to Creditors as a reference case to get the Judge to overrule an outdated law on the Kentucky books ...
 
The Case has been used four times and each time it has been used the standing Judge has ruled in favor of the case and then each State updates their laws ... 
 
If the Judge rules on this in our favor what will happen is that when monies are shown to the Probate Court, the Judge would then order the Estate Representative to send notifications to all Investors who did NOT file claims by the June 13th 2013 deadline ... The notification would state that they need to file a Claim (and give a specific timetable to respond) and if they do NOT at this time they would lose out on any payment forever ... KY Law requires people to file a claim to be able to collect anything ... Please remember this is ONLY if the Judge rules in our favor on this ...

Some have sent e-mails with their concerns that people are being left out because of not being able to file a claim … THIS IS THE OPPORTUNITY TO INCLUDE THOSE WHOM WHERE LEFT OUT … We must follow the rule of law and this is EXACTLY what we are doing …

The reality is that the rule of law is not moral … People’s thinking is that the Court System and the way people treat them should be moral … But this is NOT the case … The America Court System is not built on morality, IT IS A SYSTEM BUILT OVER TIME AND BUILT BASED ON THE LAWS SET FORTH, NOT MORAL STANDARDS … One’s feeling that things should be moral will not change anything, so it is imperative that we work the system to the best of our ability to benefit all of the Investors … This is what we have set out to do … Some may not like the outcome but our intentions are to protect all investors … The Court will determine things based on the law and not morality … If we all could just realize this one small point we all could get a better picture of what is really happening, (the law is NOT moral as most people think, this is why one must work within the "system") ...

Are there monies? ... Well the Estate Representatives and Attorney are "sworn" Officers of the Court taking their respective positions to head her Estate ... They both together, along with the Attorney have said in open court SEVEN TIMES in the last two hearings that there is monies and claimants would be totally and fully satisfied ... Additionally one of the Representatives have filed a report under oath that they have located the source of funds and are doing what they have been assigned to do, collect them ...

AT THIS TIME NO MONIES HAVE BEEN TURNED OVER TO THE REGISTRY OF THE COURT --- ONLY EFFORTS TO COLLECT SUCH FUNDS ...NO AMOUNTS HAVE EVER BEEN MENTIONED! ...

So sworn officers of the Court have said there is monies, The Judge ruled that NO CLAIM BEFORE THE COURT WOULD BE DENIED (and 5000 people filed claims) ...  WE WAIT UNTIL WE SEE IT IN BLACK AND WHITE PRINT ... The proof in in what the Ruling Authority shows us ... Only when we see it from the Probate Court can we say it is real! ...

We are asking the Court to appoint a Public Representative to represent 100% interest of all
Claimants/Investors (a third administrator for the Estate) … This is a process of law for us
to get our answers … The Representative would have access by law to 100% of all activities of Carter / Mercer past, present & future activities concerning Jewell’s Estate and things that concern the Claimants/Investors Interests …

Here is an overview of the filing …

Robert Mercer, Special Personal Representative, in his Third Interlocutory Report strongly
suggests there is good reason to believe assets may become available for distribution to the Estate.  However, he has only provided generalities; he has not provided any specific details in support of his statements.  

Angela Carter, Personal Representative, stated in Court May 30, 2013 she has a copy of a Settlement Offer, or proffer, between an unnamed person and the Deceased relating to a matter the Deceased had been investigating. She was instructed by the Court to submit a copy of the Settlement Offer to the Court but has yet to do so.

The Deceased’s Will pours over to the Trustee of the Alvina Jewell (Abney) Robbins Living
Trust Dated August 29, 1993.  On information and belief there may be assets in the name of the Trustee of the Trust that could be used to satisfy creditor claims.

Kentucky law provides that publication of notice to creditors is sufficient to bar the claim of a creditor if the creditor does not file a claim within six months of the appointment of the personal representative. However, XXXXX vs XXXXX (Supreme Court Case) held where an individual’s identity is known or reasonably ascertainable by a Personal Representative, then due process requires the individual be given notice by mail or other means certain
to insure actual notice.  Angela Carter could easily have obtained records of all persons who invested with the Deceased, and she could have sent notice to them but choose not to do so.  

Angela Carter has a conflict of interest.  She chose to rely on Kentucky law knowing that not all investors would receive notice that they should file their claims within the period set by Kentucky law.  Further, she has failed to comply with the Court’s instruction to submit to the Court a copy of the Settlement Offer.

Petitioner requests this Honorable Court to issue an Order:

Appointing a Public Administrator to conduct discovery in order:

To determine whether Mr. Mercer’s indications in his Third Interlocutory Report about possible
assets have any legal basis, and if so, to investigate the merits of any possible claim for those assets; 

To secure a copy of the Settlement Offer mentioned by Angela Carter in Court and requested by
the Court;

To determine whether the Trustee of the Deceased’s Trust has assets that may be used to
satisfy creditor claims;

To file a report with the Court after conducting discovery stating either:

That there is a reasonable expectation assets may become payable to the Estate, in which case the Court may consider issuing an Order to the Personal Representative to give written notice to creditors consistent with the holding in XXXXX vs XXXXX (Supreme Court Case) …

Now we all know that many of you will have lots of questions to ask, but all these will be answered IN THE HEARING or other source … So folks, like it or not – be patient and save your questions for after the hearing … As we have done before, we will post the hearing and any other information regarding this once we have appeared before the Court … It will be that evening before information will be posted and e-mail update sent out ...

Let's stay with the "black and white" facts from here on out ... Keep with the truth with no extra added ... Try to stay with the facts and help all to receive the real truth without personal interpretation, opinion, pre-conceived notions and the like … Let us keep the confusion to a minimum … We will all be better off doing this, wouldn’t you agree? ...

Please forward this to all investors that you know in your circle of communication ...

Let us ALL be good stewards of communication of the real story without adding the extras into it ... All Investors deserve the 100 % real truth … Can we all just make a commitment to stick to the real facts? ... We are at a critical time in this, are we not? ...

If an individual chooses to go to the hearing (and all are welcome) there is no guarantee that this hearing will remain open … It could change, we are not in control of this …

We have attempted to give you a very informative review … PLEASE read it thoroughly, a couple times is good and try the reading out loud thing to absorb all the info--- It really does help …

Thank you for your time ...

If you would like, please be praying for the Lords Perfect Will concerning this Dec 11th from about 10:00 AM to 12:30 PM ... There is Power in Prayer!!! ...

Blessings,

Daniel

goodbetterbest123@hotmail.com