My Brother and the Mandate with the Violence Clause.

2014-09-23

An institution

I have been put into the homeless situation since adulthood.  People assume that I am happy with this arrangement and there is no attempt to change the situation. So displeased I am with this situation that I am afraid to speak out about it. An S the daughter of a real estate agent this has caused me enormous embarrassment and pain.  This is one situation that I am working to change this situation

My collection

The institutions that I have been placed in believe in personal poverty. They place no importance on material possessions such as art and design.   . Since I live in my miniscule living working studio all articles take up important space. So loss is routine., personal effects are thrown out, articles of decoration, linen, clothes and jewels all are distributed to unknown people

I am unable to accept an inheritance from my parents such as my father’s music tapes and my mother’s photographs.   The same is true for a complex estate of valuables and my own fairly large collection of art.

Can I demand with the mandate access to a real estate agent to start a research for me a secure place with the possibilities of keeping and nurturing an art collection and a household?

Different social Standing

Not married so I am used exploited as a member of my brothers family

 (His children and his wife are not my immediate family) and I am to give all my assets to his family as a substitute for the family that I do not have.  This is a very dangerous thing for a single woman.

Funds to go to Place des Arts

When my father was alive I was given funds to go to Place des Arts to enjoy the performances and also to:

a.       Stop my social isolation

b.      Stop being too immersed in poverty

When my father died he said that there would always be money for me to continue this.  However, I was, at that time, forced to stop due to health reasons. (Problems of proper nutrition, transport, and rest before a demanding performance. A large part remains unused by myself.

 

The money being properly regulated

1.       Can the mandate include a Claus that will regulate the money left for Place des arts, to ensure its continued use by myself, and automatically indexed to inflation?

2.        Can the unused monies for this fund (since my father’s death) be used retroactively?

Controlling medication

You can also leave instructions in the mandate for council to restrict the use of painful, controlling drugs and actively look into long term residences. now, before any trouble.

The Division of the Family Estate

I would like access to a financial council handling my part of the family affairs.

I would like how the estate will be equally divided between my brother and me to be clearly regulated and defined on a written contract.

I would like included how the estate is distributed between my brother and myself so that it is equally beneficial to both of us while living and able.

If the brother has use of the houses and they are in no way beneficial to me personally then I would like to be financially compensated. 

Can this be stated in the mandate?

Regulating past financial problems

 If my brother has in the past taken money from the family estate for himself or other members of his family, than this money should be returned and with interest.

If my brother or any part of his extended family has aided and abetted another person to take a significant amount of the family estate, like stocks and bonds, than this should be returned and with interest.

If my brother or any part of his extended family, coerced by an unnamed violent criminal, has taken by force, money destined for me,,  and split it between this themselves, than this should be returned and with interest.

How will this change if I sign a mandate?  Can the situation be used to engage a financial counsel for myself to deal with situations such as this?  

Preventing future attacks

The past attacks by family members and the high level of competiveness among family members can only lead me to assume and seeing, unless controlled, will occur again. Especially if money is involved.  

My name since childhood has been Kathy Vivian Fabian but the family that has used the name for decades did not have this name.  Our relationship is not based on deep family roots

The attacks on myself for personal gain by surrogate family members include:

·         Being brainwashed to accept these people as my family members with the family name.

·         Kidnappings to maximum security prisons in the USA

·         An attempt to confine me in room until I starve to death.

 

1.       Can a mandate include regulations to deal with any incidences of this in the future?

2.       Can the will have a clause on the event of any violent attack whether successful or not, perpetuated on me by a family member of a supporter of the family.

 

As a notary you have access, to a list

As a notary, I understand that you have access, to a list that states the name of my father’s notary at the time his last will was read. Ca you give me the name of his notary so that I can request, as a named beneficiary, a copy of the will for myself?

Regulating the Division of the Estate

I would like to have each year a copy of the company’s annual audit as a part owner of this company.  I would also like to have an official record of the exact value of the assets that I am entitled to and this on a bi-yearly or quarterly basis.  I would like to have a biannual patrimonial report: a report that states any changes or improvements on the person who has the mandate controlling my affairs in case of trouble. I would like the name and address of the financial institution that handles the company’s assets and safety deposit box of family assets.  I would like a list of the value of the factory in St. Henri, The cost of repairs in the two houses and any merchandise that is part of the estate.

1.       I would like to have a replacement named to replace the holder of the mandate in case of problems...

As the beneficiary of a large estate I would like the problem with my homelessness and possession less o be actively rectified. 

 

 

 

 

Originally written 2014-08-08

Issues to Resolve about the Inheritance

About the heirs

When my father died a few years ago He said that there is a will.  There will be an estate to be divided equally amongst the two heirs: myself and my brother.

 

My brother manages the estate. He is the only one that I speak to about this matter.

He refuses to estimate how much I will inherit when mother dies.   Unnamed experts would invest the money and if they made a lot I would live off more and if they lost I would live off less... Beyond the fact that his family is wealthier, there is a definite conflict of interest between my brother, his extended family and myself as to how much of the inheritance I am entitled to. I fear he will divide the estate very badly for me because he is wealthier and he deserves more paid for privileges.  This is unjust.

Through education and learning

I have also been denied the many things that were considered mine through education and learning in my parents’ house.  How about seasonal acquisition of good affordable new clothes? I have no access to cars, and no office for my work.  My father sold houses for a living and eventually had a very sophisticated housing arrangement with two beautifully furnished homes. What about a place to live that I enjoy? The shelter I live in have no need for beauty and design.  Every day I look at the mismatched old furniture and it tears at my heart of an artist and the daughter of a man who made his living from selling homes.

A woman’s shelter

I live in a woman’s shelter. I pay by the month with no lease and no protection. Will I have to leave to go into utmost poverty and instability because whoever takes responsibility for me thinks it is "too expensive there is a question of the amount of money that I have day to day.  It is very hard to go far from the place where I live because I have almost no lunch money.  What about entertainment money? I have not been on a good and safe vacation for years.  

Medical care

I do not have the funds to go to many specialists: proper dentist care, eye doctor, a dermatologist, an ear, nose and throat specialist, a bone specialist, dietician, a financial planner.  What about my psychiatrist? My injured legs are uncured, Will he be paid when my mother passes away?   I have not the means to treat some painful injuries.

To conclude,

At fifty six years old the need to make plans for my retirement is pressing.  I would like access to a better living arrangements, an office. Access to an excellent communications, information and publishing system for my artwork. Access to vacations. I would like to eventually move to a better residence, and have the ability to increase my income and lifestyle by myself.

. My psychiatrist of over twenty years says as an heir, I have a right to have a copy of the will. Practically as a handicapped person, to avoid problems, the issue has to be researched and for this I have to know how much money we are talking about with the estate.

Contrasting Brother and Me

Originally published 2014-08-08

My brother manages the estate. He is the only one that I speak to about this matter.

He refuses to estimate how much I will inherit when mother dies.   He says unnamed experts would invest the money and if they made a lot I would live off more and if they lost I would live off less... Beyond the fact that his family is wealthier, there is a definite conflict of interest between my brother, his extended family and myself as to how much of the inheritance I am entitled to. He and his family travel to the United States, and beyond, private schools for his children, weekend expensive skiing trips, and many types of dental surgery which I am denied.  The problem is that I believe these are things that will be covered by the estate as necessities.

My needs, I fear will be considered quite the opposite. I know this through experience. I have also been denied the many things that were considered mine through education and learning in my parents’ house.  I have not been on a good and safe vacation for years.  How about seasonal acquisition of good affordable new clothes? What about my psychiatrist?  Will he be paid when my mother passes away?  What about a place to live that I enjoy?  Will I have to leave to go into utmost poverty and instability because whoever takes responsibility for me thinks it is "too expensive"? Will my brother and his family be given a much larger amount of the estate that is to be divided equally among only two heirs, because he has always been wealthier and because his needs are much more expensive than mine?  Will I not have recourse to the fundamental rights I have been denied up to this point for this reason?  Will my personal situation not be improved because I have “simple Needs”.  One of these simple needs is that I am perfectly happy living beyond the pale.  Another one is that I, even worse will be retired, from that very disgraced position.

My brother said he has a copy of the will.   I do not know where to go to get a copy as an heir.  The estate is to be divided upon my mother’s death equally between myself and my brother. My father said the sum is large enough for me to live much more comfortably than I do at this time.

My brother says there is no money at all and there will be no difference.

If my brother has uncontrolled access to the will and the management of our finances I do not see this in any way changing.  As a matter of fact the situation might conceivable worsen. He has often has threatened giving no financial support at all.

 

 

This Killer of an Estate Tax

Originally published before (date unknown)

There were two meetings on how the estate was to be divided.

But there was only one way the possessions were to be divided.  Of course there is this killer of an estate tax of 60% which means deep trouble for me.  I have a black hole of money.  Really.
Anyway I know that there are some ways around this tax  keeping in mind that the government would like the money to cover the taxes that the now defunct couple will not pay.
As an artist, for me, the most desirable thing is for the estate to remain intact enough for my artist credentials to have evidently been created very young in my parents home.  Or even before like in the ancestral estate that my mother comes from.  So I have been thinking a lot in that line.
I believe that this killer tax can be detoured into something fundamental like a foundation for charitable purposes.  Also, I know that there are some very gifted collectors of house estates in the suburbs.
Now one of the things that my father, a salesman, loved about Cote St.St. Luc was the very fact that it was hard to get to and hard to get around in.  This meant he could be left pretty much alone from talking to clients after hours.
So this meant that if you were a housewife, like my mother, you had find a way to occupy your time.  And a large amount of housewives found a lot of time and energy and talented way to collect and create a household.  For her friends there was a lot of serious reading and thinking time in company of the television.  they thought a lot so when they would had an occupation like a housewife, they would look for hobbies that would work with it,number one, like furnishing the house.  And number two, they would do a lot of reading about it.  the third dimension had to do with international travel and negotiations.  In this family multiculturalism was considered a gift and a prestigious one at  that.

So when she decided to decorate the house she combined all of these with time.  That mean, reading, spare time and multicultural negotiations. And she was not alone.
So going back to what kind of foundation could be created with the money destined for taxes. How about a museum created with the Fabian estate and dedicated to those in rather remote suburbs who are interested in the gentle art of housewiving and housekeeping?

Thats a thought.

As I write this I can see in my mind my brother shaking his head and hating the whole thing.  Why?  For the simple fact remains is that it is all very fine to talk of museums and foundations and the like. but how do we, the heirs, benefit from it?  It is going to be very time consuming and even more so if all the money and time goes into the rather complex of maintaining a living foundation and a museum to boot.

In other words, how do we turn this into a profitable venture without sacrificing our freedom?
This remains the question.

Another question is how do we, the heirs, truly benefit from the money left from the estate.  You see, if a lot of work is not done to preserve it then the government gets very little for it.  Because most people I know are more inclined to distribute to the poor and forget about it then doing once again, a lot of work for no reward.  And for a hostile tax to boot.  For the heirs that is.

I hate the idea of distributing it to the unfeeling unanomous.  So the question comes again how can this estate benefit me?

Aso for why there is an estate of possessions instead of fluid capital see the article Sixteen Million Dollars.  And besides, if there will be nothing left at least my parents could benefit from excellent possessions instead of counting money in the bank that they will not be using and none of their heirs will either.

Rights as an Heir

Originally Published 2014-(exact date unknown)

If I receive a certain sum of money than the sum is not used only for the benefit of others.  Second of all that the money should be used to help me cope with my disability and according to my will.

Is all this is considered not necessary because I am on a last resort financial assistance?  Does this mean that if I become a beneficiary of a family estate I will not benefit from this medical care? The estate is intact now and if I am under their responsibility are these denied to me? If I am under the jurisdiction of the public curator would this mean the same thing?

 

 

 

WorstCaseScenarios

 

Originally Published 2014 (date unknown)

When I reach sixty four my last resort financial assistance will be greatly reduced because I will be considered retired.  This is when these monetary issues become crucial.  But there are others as well.  Will I be forced to wear the whites of a pauper because I cannot afford to even buy my clothes?  Will I be subjected to being housebound because my untended injuries (like now)?  Will I have to choose between livings in a place run by a religion who I don’t not like or be forced to being victim to the brutal law of the street? (Because I am old and alone?)   Will I be denied a diet that is to my liking and to my wellbeing (as often I am now)?  Will I be denied the ability to speak (as I am now)?  Will I be denied right to live with the people who I respect, admire and act like?

All this to say, that at fifty six years old these are issues that should be dealt with immediately.

 

will Search Update 5

Originally Published 2014-07-24

June 18, 2014

 Background

The reason I will state as to why I need a copy of the will is that the inheritance is in danger of being badly and quickly litigated.   Also as one of the two children I am named as an heir.

 The notary said that I needed my father’s social insurance number and birthday for a copy of the will. I went down to legal aid to make an appointment for a mandate: July 17, 2014 at 9:00.  He notary said I can get his services free of charge if I go through them. 

 Next Step

 July 24, 2014

I went down to Legal Aid for the mandate.  The day was very hot and I was very tired that morning. I could not concentrate very well and I was dizzy and confused.  I waited a scant twenty minutes in the waiting room for the person to review my application for a mandate that would cover the legal fees for the notary.  I could cover them myself but there were so many things to cover at least I thought I would try to get help with this.

 Finally a well dressed woman lead into a very beautiful office (compared to the Spartan places I had been in routinely).  She had a microphone, sat down at the desk and before talking to me started typing furiously.  She looked very important and confident.

 She asked what I wanted.  Now I had been working on a document, several documents in fact, so that I would come in there well prepared and if I was not clear when speaking would have a document to give to the lady.  I did none of these things.  I was afraid of rambling.  Instead I became tongue tied just answering the few questions the lady posed.  She was always courteous, always poised and I thought sympathetic. 

 After a few questions about who I was the lady stopped typing and was told it over.  I forget to as when I get the decision.  I left thinking the lady was a nice lady and she knew what she was doing.  I put in my calendar to go down in a week to see what happened.

 Well I didn’t have to make the extra trip. Six days later I got an official looking letter.  It said my application for the mandate was refused because the service wasn’t covered.  Neat, clean, efficient.  And again I am left nowhere brighter as to what will happen financially to me when my mother dies.

 As I left the office and reached the street corner there was loud screaming.  When I looked in that direction a white haired lady was laying in front of a car curled in a fetal possession.  Two well-dressed very young ladies came of the car to lift her up from the ground and check if she was okay.  Bad mistake.  They picked her up and she immediately started shrieking that the blind man with a cane  standing at the corner touched her obscenely between the legs. 

 As the two polite young ladies tried to calm she took a large swing at the man’s large coffee which flew everywhere in front of several startled women including myself.  I knew the woman, she had assaulted me several times. She is not unknown as violent and intoxicated on the street.  Unfortunately my voice took over and I started yelling at her to rot in hell.  It was then I figured I had better leave really fast and as I scurried away a small tough looking man starting screaming we should kill the blind man with the cane.

The woman might be Stevie Nicks or Stevie Ray Vaughn or both.  At least that’s what my voice said really out loud. With my luck she will be both and the person with my case in Legal aid.

 Anyways not to give up the next step is to call the Funeral home where my father was buried.  This is something that I am not looking forward to.

 Also I was told I need my father’s social insurance number and date of birth if I want a notary.  If I don’t have these it’s time to get a lawyer that can get them for me.

Will Search Update 4

Originally Published 2014-07-15

June 18, 2014

 

Background

The reason I will state as to why I need a copy of the will if I am asked is that the inheritance is in danger of being badly and quickly litigated.   Also as one of the two children I am named as an heir.

 The notary suggested by Legal Aid said that I needed my father’s social insurance number and birthday for a copy of the will. I went down to legal aid to make an appointment for a mandate: July 17, 2014 at 9:00.  He notary said I can get his services free of charge if I go through them. 

.Next Step

Cote St. Luc City hall didn’t have a copy of the will in their Public Documents.  The lawyer suggested I go to:

1. Etat Civil du QC to find my father’s social insurance number.

2. The Chamber of Notaries du Quebec. All notaries have on file who was my father’s notary was at the time of the will.

 

Called Rev. QC. On July 9, 2014   1-800-206-7218 op.3

A representative said to find my father’s social insurance number I need four documents;

1.     The original death certificate

Can get this from the funeral home or the province

 

2.    Original proof of identity

His. Canadian citizenship card or certificate

(At citizenship and immigration

 

 

3.    Proof of the estate

      Legal representative of the estate

       Proof of representation

      (Need a copy of the will or go to a lawyer with the other documents)

           

4.    Proof of my identity

Birth certificate, Medicare card, social insurance card

 

And after all this is done, go to Service Canada with the documents.

 

 

 

 

Update

Dr. June 18, 2014

 

Background

The reason I will state as to why I need a copy of the will if I am asked is that the inheritance is in danger of being badly and quickly litigated.   Also as one of the two children I am named as an heir.

 

 The notary suggested by Legal Aid said that I needed my father’s social insurance number and birthday for a copy of the will. I went down to legal aid to make an appointment for a mandate: July 17, 2014 at 9:00.  He notary said I can get his services free of charge if I go through them. 

 

.Next Step

Cote St. Luc City hall didn’t have a copy of the will in their Public Documents.  The lawyer suggested I go to:

1. Etat Civil du QC to find my father’s social insurance number.

2. The Chamber of Notaries du Quebec. All notaries have on file who was my father’s notary was at the time of the will.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Called Rev. QC. On July 9, 2014   1-800-206-7218 op.3

A representative said to find my father’s social insurance number I need four documents;

1.     The original death certificate

Can get this from the funeral home or the province

 

2.    Original proof of identity

His. Canadian citizenship card or certificate

(At citizenship and immigration

3.    Proof of the estate

      Legal representative of the estate

       Proof of representation

      (Need a copy of the will or go to a lawyer with the other documents)

           

4.    Proof of my identity

Birth certificate, Medicare card, social insurance card

 

And after all this is done, go to Service Canada with the documents.

 

 

 

 

 

 

 

 

 

 

WillSearchUpdate 3

Originally published 2014-07-13

June 18, 2014

 

Background

The reason I will state as to why I need a copy of the will if I am asked is that the inheritance is in danger of being badly and quickly litigated.   Also as one of the two children I am named as an heir.

 

I was told by the notary I contacted that I needed the social insurance number as well as the date of birth of my father if I wanted a copy of the will. We found a number to contact.

Revenue QC

I called the number and did not succeed in speaking to anyone the first time. I went down to legal aid to make an appointment for a mandate to get a copy of the will as I was named an heir. I had called the notary and he said I can get his services free of charge if I go through them.  The appointment I have is in Mid-July.

 

Max Shrier who was my father’s notary has his firm listed in google but when I call there was no phone service.  There is a Max in the Linked in but he is not a notary.

 

I checked information about Cote St. Luc.  Perhaps I can find something about my father from them.

 

Can a public Notary of which my father made the will with be hired by the city of Cote-St.-Luc?  Cote-St.-Luc is part of the greater metropolitain area of Montreal but is not a borough.

 

Next Step

I called the Cote St. Luc City hall to see if they had a copy of the will in their Public Documents.  The Lawyer said no.  She Suggested to go to:

Etat Civil du quebec to find my fathers social insurance number.

And also, the Chambre des Notaires du quebec to speak to a notary. He should have on file who my fathers notary was at the time of the will.

If this does not work I will see if my contact still works at the MMFA and that the important historical collection of my family is in serious danger of being badly litigated.

 

 

I will be

Calling Rev. Qc. Again.

Contacting the bar association for the name of the Public Notary