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Mother of Member Patricia Mueller
My Mother and I share the same birthday, October 22,
approximately 44 years apart. I was very close to both of my parents.
When my father passed away in 1996, he left a sizable estate for my
Mother, and for the descendants he specified in his Will and Trust. My
mother’s Will and Trust documents are identical to Father’s. Of utmost
importance to my Father, was my Mother’s welfare, after his death. He
left explicit instructions as to how his estate was to be distributed
and protected.
My older sister, Cam (Mueller) Fischer had been
disinherited and financially disowned for alleged theft of monies from a
family business and tax fraud, officially in 1985. She chose to remove
herself, and her children, from the family for almost 20 years; this was
a source of great pain for my parents. In 1998 she maneuvered control
over our Mother, through a Power of Attorney, that Mother lacked the
capacity to execute. Cam sold the family home for below market value and
made herself the recipient of the $500,000.00 + proceeds, along with all
the personal property she valued. Items such as cars, jewelry, furs,
furniture, oriental rugs, paintings, and silver have ‘disappeared’. Also
lost are the irreplaceable mementoes of lives well lived, such as
photographs, family keepsakes, and the heritage passed down from
previous generations. Cam currently benefits from the ongoing, annual
$70,000.00 + per year Mother receives from Father’s trust; a total of
over $630,000.00 to date; plus the $500,000.00 + from the sale of my
parent’s home, a very conservative total of $1,130,000.00, that does not
include personal property, social security monies, or other investments.
In November of 2005, in court documents filed by Cam Fischer, Cam lists
Mother’s total assets as $10,000.00. Where is all the money, and how has
it been spent?
The co-trustee of Father’s two Trusts, Commerce Bank, continues to fail
in the fiduciary duty it has been entrusted with, which is to protect
the Trusts, and oversee the appropriate distribution of the Trusts
assets’. Commerce had been alerted, as far back as 1998, by Mother’s own
attorney, that she was already a victim of ongoing financial duress
which she was unable to effectively resist. This abuse of the Trust
assets has been allowed by Commerce, despite the overwhelming evidence
and documentation that has been presented to the bank. In April of 2006,
Commerce authorized $10,000.00 to be paid to Cam Fischer’s attorney,
Matt Rossiter, and an additional $2,000.00+ to the Probate Court
appointed attorney, Jim Wright, for Cam’s portion of the court fees.
These monies were paid in Mother’s name, from Father’s Trust, for the
benefit of Cam Fischer. I have asked Commerce, repeatedly, for an
accounting of the monies dispersed from my Father’s Trust, into a
checking account in Mother’s name; these monies are to be used for her
welfare exclusively. They have yet to perform any type of accounting. In
2006, Commerce also assumed sole trusteeship of the Trusts without
making any attempt to contact me, the beneficiary of the Trusts.
Commerce disclosed that they had been unable to contact Mother for over
a year; their attempts to speak with her had been blocked by my sister,
Cam Fischer, who controls every aspect of Mother’s life. Cam’s absolute
control includes preventing Mother and I from seeing one another. In
2005 I was forced to obtain a court order to “visit” with my mother once
a week. Financially, I have been unable to maintain the visitation
order. Cam will continue to have the financial ‘upper-hand’ as long as
Commerce continues to disregard its fiduciary duty to Mother, Father,
and I. I have seen my mother less than a dozen times in approximately
nine years.
For 8-9 years, I have been seeking justice for my
parents and myself. I have battled an apathetic judicial, probate court,
and bank system, that disregard my Mother’s welfare; ignoring the
evidence of elder abuse, in all its forms, in particular the financial
abuse that has been perpetrated upon her. The attorneys, the bank, and
the court system are the profiteers, acting in their best interest to
Mother’s detriment. The personal, emotional, and financial cost of this
battle has been high. Daily, I fear for my Mother’s welfare.
I know she is not living the life she and my father worked and planned
for.

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