Marilyn Weeks Sweet Court Victim is a victim of
Probate Commissioner Wesley Yamashita
Violations of United States Constitution and Nevada State statutes are ongoing and began in July, 2020. The USC Fourteenth Amendment that no state may deprive any person of life, liberty, or property, without due process of law.
And UNEQUAL PROTECTION by violating the following;
NRS 136.210 If the will is in a foreign language the court shall certify to a correct translation thereof into English and the certified translation shall be entered in lieu of the original.
f NRS 137.020 2. An issue of fact involving the competency of the decedent to make a will, the freedom of the decedent at the time of the execution of the will from duress, menace, fraud or undue influence, the due execution and attestation of the will, or any other question substantially affecting the validity of the will, must be tried by the court unless one of the parties demands a jury. [truncated] .
NRS 137.090 Issuance of citation. Upon filing a petition pursuant to NRS 137.080, the court shall order the issuance of a citation, directed to the personal representative and to all the devisees mentioned in the will, and the heirs, so far as known to the petitioner, including minors and incapacitated persons, or the personal representative of any such person who is dead, directing them to plead to the contest within 30 days after service of the citation.
JUDICIAL CODE 2.9 (C ) A judge shall not investigate facts in a matter independently, and shall consider only the evidence presented and any facts that may properly be judicially noticed.
NRS 199.210 states that “a person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, offers or procures to be offered in evidence, as genuine, any book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, is guilty of a category D felony and shall be punished as provided in NRS 193.130.”
WHO
CLARK COUNTY EIGHTH DISTRICT COURT, Nevada,
Clark County, Nevada former [retired] PROBATE COMMISSIONER WESLEY YAMASHITA
Address Unknown [can provide the court possible location.]
BLACKROCK LEGAL Attorneys MICHAEL OLSEN, THOMAS GROVER, KEITH ROUTSONG and their associates, located at 10155 W. Twain Avenue, Suite 100, Las Vegas NV 89147
DAVID JOHNSON AND RYAN JOHNSON of JOHNSON LEGAL 1140 N. Town Center Road Las Vegas, Nevada
With assistance from entities that did not enforce ethical codes NEVADA COMMISSION ON JUDICIAL DISCIPLINE[NvCJD ] and NEVADA BAR ASSOCIATION [NvBAr]
FACTS
My mother Marilyn Weeks Sweet, [Mom]) a US citizen and resident of Clark County, Nevada since 2009 passed on February 4, 2020.Probate P-20-103540-E was opened July 2020. Despite discussing details of it with me in late 2013, she allegedly did not leave a US will. Her long time partner Christopher Hisgen [Hisgen] 12 days after her death, commissioned a Las Vegas based translator Ms Lori Piotrowski, who is not certified for such work she informed me, by email to render a English translation of a Testamento Publico, a Portuguese language, one page document composed in 2006, and stored in Faro, Portugal [EXHIBIT 1] disposing of their co owned vacation condo in that country- so as to counter the forced inheritance to children laws.Ms. Piotrowski should be asked to testify her translation is what was submitted, and why did she add two terms, change a crucial other and add in a comma?
In fact there was readily available a 2006 translation Mom read at the May 3, 2006 signing, by Dr. Maria Isabel Santos, Mom’s property attorney who also served as witness to the signing. In Portugal, notary public’s make such documents. Mom did not read, write or speak Portuguese. [EXHIBIT 2]
In 2021 Dr. Santos wrote to me regarding Mom’s intent, the document only pertained ‘ as written, in Portugal’. It names Hisgen who was co- owner of the condominium as her ‘universal heir’ which is a term used in Portuguese inheritance law to denote the property conveys immediately. [see below, HOW ]
BLACKROCK LEGAL submitted a 2020 translation that changed a term, added two others and inserted a comma that was not in the 2006 version my mother read when she signed. EXHIBIT 3
In an answer to Objection to the will by my attorney RYAN JOHNSON, TOM GROVER declared “disposition of the US assets is not under consideration at this time..”ostensibly they were only petitioning Hisgen should be named as Mom’s estate Personal Representative [PR] at that time, and the document did not pertain to asset disposition in USA.
HOW
CLARK COUNTY COMMISSIONER YAMASHITA acting under Color of Law, denied me DUE PROCESS, additionally afforded me UNEQUAL PROTECTION and furthermore conspired and enabled a scheme VIOLATING STATE LAW using an altered translation of a foreign in a conspiracy to DEFRAUD THE COURT and deny me an inheritance under Nevada intestacy laws of succession. My Complaint to the NV CJD for his 2.9 ( C ) violation was refused for being outside a one year limitation. I’d only found out in June of 2022 when I finally got appointed a pro bono attorney. When I appealed the dismissal. NvCJD said too bad, you had representation when it occurred. NV CJD one year rule is too limiting if one had deficient representation that either failed to notice this or ignored it. Pattern example 1
BLACKROCK LEGAL conceived, facilitated if not outright conducted this violation, representing Christopher W. Hisgen (deceased Jan, 2023) and consists of attorneys MICHAEL OLSEN, THOMAS GROVER, KEITH ROUTSONG and their associates and staffers, located at 10155 W. Twain Avenue, Suite 100, Las Vegas NV 89147 Their involvement is ongoing since July 2020, and have just petitioned March 09, to the probate court urging sale of assets -Mom’s house –so as to get paid for cheating me. I will object.
DAVID JOHNSON AND RYAN JOHNSON 1140 N. Town Center Road Las Vegas represented me on a contingency basis and were deficiency complicit or completely incompetent. They resigned after the appeal to District Court was lost July 2021. My complaint to the Nevada Bar Association was ignored.
CONSPIRACY EVIDENCE 1.
Judicial Code 2.9 (C ) violation In a September 2020 hearing lasting thirteen minutes, CLARK COUNTY PROBATE COMMISSIONER WESLEY YAMASHITA declared he “ had my staff research’ the subject ‘universal heir’ in European law He added , “and it means to take on debts. ..”
Transcripts of that September 2020 hearing and the later May 2021 appeal enclosed in initial email submitting this case, to be entered later if appropriate.
This declaration of a violation of NV Code of Judicial Conduct 2.9 ( C ) was ignored by RYAN JOHNSON C) A judge shall not investigate facts in a matter independently, and shall consider only the evidence presented and any facts that may properly be judicially noticed.
Not only did RYAN JOHNSON fail to counter the violation, he failed to counter the erred conclusion commissioner YAMASHITA had entered into the record and would within the moment use to rule on an issue not before him. None of this made it into the appeal to Judge Sturman. So none of it could be brought up at the Court of Appeal? Is that right?
Villanova University School of Law; Comparative Analysis of Civil Law Succession;
- The Universal Successor in Testacy ; When the testator wills his entire estate to one or several legatees, they are considered as universal legatees and assume ownership at the time of the testator’s death.
- Executors and Administrators; The immediate possession of the estate in the heirs lessens the need for any executor or administrator [all bold emphasis added ]
https://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=1717&context=vlr George A. Pelletier Jr. & Michael R.Sonnenreich, A Comparative Analysis of Civil Law Succession, 11 Vill.L. Rev. 323 (1966).
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I was left completely ignorant I had just been excluded from Due Process and the faulty English translation was accepted into Nevada probate as disposing of USA assets, stripping me of my inheritance under Nevada intestate succession rules. Again in the very first THIRTEEN minute hearing of September 2020, Mr Hisgen was awarded Mom’s estate consisting of a $600, 000 home and substantial holdings in cash,stocks bonds, jewelry, gold art etc.
CONSPIRACY EVIDENCE 3;
RYAN JOHNSON failed to ensure the Court certified the translation, or the Court did not perform this. Mr Johnson either failed to read a last minute filing of Dr. Santo’s attestation she witnessed the signing AND SHE INCLUDED the original 2006 translation at the tail end of her attestation- or he he ignored it. He simply let an altered, uncertified translation document be entered. He had practiced probate law for ten years at that point, his father David for three decades prior. How can a law firm possibly be that incompetent? NvBAr refuses to act, satisfied nothing untoward occurred.
From the Nevada State Court of Appeal October 20 Opinion Page 16 footnote 13
The district court failed to certify a correct English translation of the will. See NRS 136.210 (“If the will is in a foreign language the court shall certify to a correct translation thereof into English and the certified translation shale be entered in lieu of the original.”). Neither party raises this as an issue on appeal, so we do not need to address it.
See Greenlaw 554 U.S. at 243 (“[W] e rely on the parties to frame the issues for decisions and assign to courts the role of neutral arbiter of matters the parties
present.”). We note that the Piotrowski [2020] translation was attached to the will
admitted to probate and was relied upon by the district court. [bold emphasis added]
More from that Opinion;
Page15, footnote 11; Sweet failed to raised pertinent issue regarding forced inheritance laws in Portugal
CONSPIRACY EVIDENCE 4;
July 21, 2021 I wrote to RYAN JOHNSON TO ASK him of discrepancy I’d noticed of text in one document but not included in the filing to the Appeal Judge Sturman and marked as ‘ this space left blank intentionally.’
Excerpt from my email of Nov 12 2020 to RYAN JOHNSON
Page 7 Lines 4 – 13 Grover writes: Blah blah…. “Furthermore, the disposition of the assets is not at issue under the current petition” Butall those lines are omitted in the March 02, 2021 filing where Yamashita disposes all assets to Hisgen. ….. That sentence completely changes the entire case- as in my initial hunch they were using the Portuguese will to get Hisgen appointed Administrator only- evolved into giving him the entire estate. Seems Grover was not asking for that – but then the omission cleared the way for Yamashita to do just that as he signs right below the omission ?
Ryan Johnson responded dismissing my concern which later was a point in the Petition for Review, YAMASHITA had ruled on an issue not before him; Christy, The holding of Yamashita was to admit the will. He also held that the Will controls ALL assets, so that itself would govern the distribution of the assets unfortunately. ….”
Unfortunately ..Not a peep about NRS 137.020 the right to a will contestor certificates being issued so as to have such a contest, Beyond malpractice Far more detail in the lawsuit.
Then later, in June of 2022 the pro bono attorneys noticed this and remarked upon it as concerning within the Petition for Review – the issue was not in front of COMMISSIONER YAMASHITA, so why did he rule on it. And I ask now, WHY did RYAN JOHNSON not protest it loudly in the District Court appeal ?
He not only failed to quote relevant laws in the initial objection, he tanked not only the case in probate and the appeal,but my chances at a State level appeal.
I have just initiated a lawsuit against RYAN and DAVID JOHNSON A-23- 866672-C and it has TWENTY-THREE POINTS OF DEFICIENCIES.
In January 2020 I initiated a wrongful death lawsuit against Hisgen A- 22 846 565-C for what I believe to be culpability in her death. Mr.Hisgen himself passed on last January 13, 2023 He resided in Mom’s solely owned home and was her Personal Representative.
Now BLACKROCK LEGAL is petitioning CLARK COUNTY PROBATE COURT to sell the home to get paid.I believe BLACKROCK LEGAL contacted my sister KATHRYN SWEET – who waived notification in the probate case. She is now represented by BRIAN NELSON, who is petitioning to sell the home which I have been fighting for over two and a half years – 31 months now- to claim a portion of as my inheritance. I have just objected to selling the home, and her appointment
Kathryn is mentally ill with bipolar issues, she is on medication and frequently that medication fails her or she stops taking it. She is on disability for it. We have a deep rift five decades old from when she and several friends molested me when I was six and other disturbing incidents. Countless suicide attempts. Overdoses on pills, or drives her car into obstacles. She is prone to sadistic outbursts where people around her have to be punished.
There is no reason an independent representative cannot be named.Or maybe a SPECIAL MASTER (?) if ever an intussusception of a case needed one.. Hisgen has died without a US will now too. KATHRYN wants to enter his Portuguese will. She seems unaware the translation will have to be tweaked.
I feel attorney BRIAN NELSON, KATHRYN and her nominee for Co Representative Ms. VANESSA JOHNSON I am objecting and counter- motioning for independent representative against sock puppets for BLACKROCK LEGAL who – having bet on I would not fight back, might be finding it was a poor business decision to take on the asset-less Hisgen who was in poor health to begin with.
THOMAS GROVER wrote me in February, HIsgen was his friend and ‘without guile’ so I take that asan admission it was his own self who altered the translation, changed a term then used it to argue, directed the addition and placement of the comma. He vowed to ‘ fight on’ despite no longer having a client. I take it to mean he will fight on to get paid as a petition for just that was submitted March 8 , 2023
MORE INFO:
Thomas R. Grover, Esq.
Attorney
BlackRock Legal
10155 West Twain Ste. 100
Las Vegas, Nevada 89147
tom@probate-in-nevada.com
702-900-3003
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