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Sent: 11/20/2010 3:47:50 P.M. Pacific Standard Time
Subj: Letters from St. Jude and American Cancer Society
Enclosed please find letters from the Legal Departments of St Jude Children's Research Hospital and American Cancer Society, in response to the information on SB 105. The actions of Senior Field Deputy of LA County Supervisor Susan Nissman, Therapist Susan (Suji) Gelerman, Probate Attorney Harvey Glaser and Financial Advisor David Brodsky as they sucessfully took control of my dying daughter's $928K estate. My daughter, Robyn Libitsky, Field Deputy for Supervisor Yaroslavsky was awarded this money in an arbitration against Kaiser for fatal misdiagnosis of cancer.
These two charities were involved with Executors Gelerman and Nissman and Probate Attorney Glaser, as we watched helplessly as they caused waste to the estate for their own financial advantage. The legal departments tried unsuccessfully to relieve them of their duties and have it reassigned through the courts. Because Mr. Glaser threatened to drain the estate fighting them, these charities decided to take the loss caused by Gelerman, Nissman and Glaser. It should also be noted, Nissman and Gelerman also took control of Robyn's sister's (my two daughters ages 15 and 18) estates untill age 24. Our family paid $6K for an Attorney to remove them from Gelerman and Nissman's control.
Hillarie Levy (Robyn Libitsky's mother)
Dear Ms. Levy,
I want to apologize to you for any treatment you received that was anything less than courteous, compassionate and professional. You deserve to be treated with respect.
I also want to tell you that we sincerely appreciate the gift from your daughter. I never had the opportunity to meet Robyn, but for her to give such a generous and selfless gift to benefit children she had never met tells me that she must have been a remarkable young lady.
I read SB105 and I applaud you for guiding this legislation through the process. Fiduciaries should be held to a higher standard, and with the possible exception of relatives, fiduciaries should not be beneficiaries. It compromises their objectivity and creates the potential for a conflict of interest. When California passed Cal Prob Code § 21350 it became one of the first states to pass a law that creates a presumption of undue influence when a caregiver or other disqualified person is a named beneficiary. SB105 will greatly strengthen this law. I know this was not easy and I hope you will find some comfort in knowing that good results came from your efforts and that this law will benefit others facing situations similar to yours.
I am truly sorry that your experience with St. Jude was so negative. I assure you we strive for a higher standard and I hope you will accept my apology. I can also assure you that your daughter’s gift to St. Jude Children’s Research Hospital is for a good cause and is providing hope to the children of St. Jude.
Thank you for sharing the news of this recent legislation and I hope to have another opportunity to win your confidence.
Senior Director, Legal
ALSAC/St. Jude Children's Research Hospital
Direct: (901) 578-6860
Fax: (901) 578-2831