Episode Transcript
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Speaker 1 (00:00):
Hi, guys, Tory here, I wanted to introduce you to
sinister Hood, a true crime comedy podcast that covers all
things creepy and gives you the deep dives and thorough
research you want. Best friends and longtime comedians Christy Wallace
and Heather McKinney cover things like serial killers, disappearances, cults, cryptids,
(00:21):
and even do legal deep dives into things like the
Britney Spears Conservatorship. While you're listening to this preview, subscribe
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Speaker 2 (00:37):
Thanks so much for the intro.
Speaker 3 (00:39):
I'm Christy and I'm Heather, and we're the co host
of Sinisterhood.
Speaker 2 (00:42):
You're about to hear a clip from the second episode
of our two part series on Britney Spears Conservatorship and
the hashtag free Britney movement.
Speaker 3 (00:49):
In the episodes, we bring you the whole story start
to finish. In this clip, you'll hear how Brittany ended
up totally controlled by her dad and how he ignored
her wishes and her estate plan all for me real
life lawyer.
Speaker 2 (01:01):
We also talk about where the line is between eccentric
and over the edge and why people feel safe playing Jeopardy.
Speaker 3 (01:07):
Thanks for checking it out and keep it creepy.
Speaker 2 (01:10):
On February first, two thousand and eight, Jamie Spears officially
petitioned to become the conservator of his daughter and her
affairs while she was in the hospital.
Speaker 3 (01:20):
It's the perfect time to strike if you're going to
try to get a conservatorship is when someone is in
committed in a facility.
Speaker 2 (01:27):
Here's a question I've I've had throughout this whole thing.
Was it or is it really that necessary? Like no,
I mean, That's what I'm saying. They acted like like
what would be happening if this didn't exist? They think
that she's while she's in the hospital, Immediately they think
(01:50):
what she's gonna call a bookie and just blow sixty
million dollars? Like what could even happen?
Speaker 3 (01:56):
My problem with this whole setup is even if if
she had significant issues, which it sounds like she did,
I mean, it doesn't sound like she was totally fine.
She was clearly struggling with something. Even if that's the case,
even if she's super struggling, her money was all in
two thousand and four, was put into a trust. Every
(02:16):
penny she had, every property she owned was put into
a trust, and she was a trustee. You see this
a lot with very wealthy people. Her brother and her
estate planning lawyer were successor trustees, meaning anything that happens
to her, if she died, they would distribute the property
or if she becomes mentally incapacitated. So all you have
to do is get a doctor to say, hey, doc,
(02:38):
is she all right right now or not good? To
make decisions. As we talked about last time in California,
there's kind of like a checklist for capacity, and if
she didn't pass that fine, her brother and the estate
planning lawyer would take over. It sounds like dad wanted
to be in charge, which would be why he would
ask to be a conservator. So there's my concern, would
(03:00):
be as an estate planning lawyer, even as your family.
This person she has told the world by virtue of
creating this trust. And when you create a trust usually
you write a separate documents like a letter to the trust,
and in the court filings they reference it that she says,
my intention is to put every piece of app you know,
every asset, every piece of property all my money, everything
(03:23):
I own into this trust. I want to be in charge.
And if I can't be in charge, I want Brian,
an estate planning lawyer, to be in charge. So they've
she's effectively done an estate plan She's done what we
tell our clients to do. Her dad basically went in
and was like, yeah, fuck that, I want to be conservator.
I want to be in charge. And the other problem
is under the California Probate Code, it's eighteen oh one A.
(03:45):
The problem is all you have to establish to get
a conservatorship over somebody is quote, they are any adult
who is unable to provide properly for his or her
own personal needs for physical health, food, clothing, or shelter.
What does that mean properly? Yeah, if you're like we said,
(04:06):
if you're eating garbage all the time, we'll be like,
we think we need to get a conservative.
Speaker 2 (04:09):
That's your fucking choice. You're an adult.
Speaker 3 (04:11):
So that's and then on the flip side, that's for
the conservatorship of the person. For the conservatorship of the state,
they have to be substantially unable to manage his or
her own financial resources or resist fraud of undue influence
and they have to have a substantial inability that may
not be proved solely by isolated incidents of negligence or improvidence.
(04:32):
So if you make a couple of mistakes, they can't
set there and point to it. The family goes after
Sam Lefty, which we'll get into, but I think she
easily by saying she's incapacitated. All her money's in a trust.
Brother's in charge of the trust. You can keep her
from making bad financial choices because she can't get to
the money. That's yeah. I think I was like, Wow,
(04:53):
the conservative ship might not be so bad if she's
blown all her dough. And then I find this paperwork
that all of her money was in a trust, and
I was like, what did you do?
Speaker 2 (05:00):
But it seems like even if it wasn't in a trust, well,
first of all, all of our money's in a trust.
So I don't even know why a judge granted the
conservatorship because it seems like it's just double duty at
that point. Just one is way more restrictive, and as
you know, it strips away her personal autonomy.
Speaker 3 (05:21):
A trust is not part assets of a trust are
not part of a conservatorship estate. So when you get
appointed conservator of the estate, you can't get to the
money and the trust.
Speaker 2 (05:30):
So he was looking for new money to start going.
And but see the.
Speaker 3 (05:35):
Other thing is current wages don't go into the conservator estate,
so all of her wages are paid through Britney Touring Inc.
From what I can tell, again, this is all from
what I've been able to glean from the documents, her
current wages. So like all of O La Vegas money
gets paid to Britney Touring Inc. The owner of Britney
Touring Inc. Is the SJB Trust, which is her trust.
(05:58):
So she made money go into Britney Touring Inc. It
would go into the trust. Well, a couple of years
into the conservatorship, Daddy asked brother to move Britney Touring Inc.
Out of the trust, specifically into the conservator estate. And
because she doesn't get w two wages, she gets paid
through Britney Touring Ink. Then suddenly her current money is
(06:18):
now going into the conservator estate that now gets managed
by Andrew Walla and then later Jamie Spears. So it's
to me, you're subverting a person's estate plan. She made
an estate plan and they are subverting her estate plan.
She made that her.
Speaker 2 (06:33):
Plan when she was completely lucid and not under mental duress.
That's yeah. That's like someone writing a will and.
Speaker 3 (06:41):
They being like, well, we think we know, and then
you die and.
Speaker 2 (06:43):
They read the will and they're like, yeah, I know
Grandma said she wants her mansion to go to Billy,
but I think I want it, so I'm just gonna
take it. Like you can't do.
Speaker 3 (06:53):
That, no, I mean, that's that's why whenever I was
initially looking at it, and I was like, I don't know,
like if she didn't have her shit in order, But
when I saw that she had a trust, I was like,
this is the they tell you to put your money
in a trust and set up powers of attorney so
you don't get put in a conservatorship.
Speaker 2 (07:07):
Which is why I'm confused as to why there was
even any discussion of it being granted, Like how the
judge didn't go, Nah, we're not going to do this
because she's already got this set up. We're just doing
double duty if we do that.
Speaker 3 (07:24):
I mean, it depends on what evidence they bring in,
what medical evidence they bring in. I don't I wasn't
at the hearing. I mean, I can't know, but God,
I wish you had been due me too. But the
standard is also just like really low. Unable to provide
properly for her personal needs physical health, food, clothing, or shelter.
I'm like, but also was she at that level?
Speaker 2 (07:46):
I mean in that mind Again, we weren't there.
Speaker 3 (07:48):
But they talk about in this practice of law, the
paternalistic nature of the court and that you have courts.
I'm telling you, I've read transcripts of hearings where the
court's like, yeah, yeah, yeah, we get it. It was kind
of isolated. But what if it happens again. Anyway, here's
a guardian jip by, so you see it both ways.
On the flip side, like I said, there are genuinely
(08:08):
people that really need this that are going to be
taking advantage. They're gonna be swindled. They literally can't pay
their own bills. They're not gonna be able to pay rent,
They're not gonna be able to buy groceries. They will
be homeless and hungry if they do not have help.
But like they're also not like memorizing a bunch of
dance moves or lines for a show, or talking on
an X Factor. You know, it's you see there's some
(08:31):
differences in hers.
Speaker 2 (08:32):
My other question is, or rather just bewilderment, is even
if that trust wasn't set up for her to be
committed and then within twenty four hours, he's already putting
in plans to have this happen a little bit of
(08:52):
a trigger finger there, Jamie.
Speaker 3 (08:55):
It was pretty Uh, we were ready, Like were.
Speaker 2 (08:58):
Primed and ready, Which is why a lot of people
think the family had orchestrated this with the LAPD because
if she's if you're in the hospital for twenty four
hours one, you aren't able to do anything there. You
can't you're not on the phone, and shit, you're monitor
and everything. Why wouldn't you give it a little bit
of breathing room to see, like maybe she gets better?
(09:20):
Is this really necessary? Nah?
Speaker 1 (09:22):
He was.
Speaker 2 (09:23):
He was primed and ready to go with that one.
Speaker 3 (09:25):
They're ready to go. Like I said, I don't see
why it wasn't just let's get a letter from a
doctor saying she's incapacitated. So we're gonna file this with
the court and we'll make a motion to remove her
as trustee and then put her brother and the lawyer
as successor trustees, and like it would have been kind
of shady, but for all, like easily the brother and
(09:45):
the successor trustee could have said, we declined to serve,
and then Jamie could have positioned the court and been like,
but I want to serve. But you just wonder like
if if the lawyer was like a she told me
her plan, She told me what she wanted, and if
you get her declared incapacitat, I'm going to follow her plans.
So I don't know, there's a lot of speculation, Yeah,
because like I said, we don't know what was she
(10:05):
That's why I think she wants her medical records publicized. Yeah,
because they've I think they've made it sound one way
and it may not.
Speaker 2 (10:13):
You know, and to play devil's advocate, And not that
I necessarily agree with this, but just from some stuff
I've read that has recently come out from Jamie Lynn
and stuff, you know, we don't know everything that was
going on. So maybe the mental health issues were like
(10:33):
so severe and had been building up and everything that
this was kind of the tipping point when when she
was committed for the second time. Who knows. But again
that's just to play devil's advocate. I don't necessarily agree
with that, but it's kind of just makes me feel
a little bit better to think, like, well, maybe we
don't know everything, and that's why the severity of this
(10:54):
is happening, because otherwise it's just it's bonkers to think
that they come in and especially a father takes advantage
of his.
Speaker 3 (11:03):
Daughter like this, and who knows, and we don't know
somebody's heart. Maybe it's not taking advantage. Maybe you think
you're like, man, I let her down, I let her
get exploited from when she was sixteen, and today's the
day I'm taking it all back. But it doesn't make
it right. And also a don't he's not done anything illegal.
I wouldn't say he's done anything illegal, and that the
manual that I was reading the California it's like Canner
(11:24):
the California Advocates for Nursing Home Reform. They pointed out
that the problem with the way that the California Probate
Code is written is that easily somebody they describe as eccentrics,
they were like a person who understands the considered what
their options are, understands what the risk liabilities are. If
you want to go buy thirty five boats and you're like, no,
(11:46):
I know this could bankrupt me. I'm gonna buy thirty
five boats like you should be Like Johnny Depp is
a perfect example of a person that he's got no
fucking clue what he's doing with his money. I mean
you hear about it. Or Nicholas Cage I think we
talked about in one of the minisos or the Mixed Bag.
But Johnny Depp, he has like I want to say,
like twenty properties. That's probably being conservative, and there's reports
(12:06):
that his lawyers are like, you literally can't afford this
many properties, like you can't afford to upkeep and he's like, no,
I want to keep more properties, like because he's British
all of a sudden, and so so that's a person
where you're like, well, he can't manage his own affairs
right because he's making all these bad choices. It's like, well,
why are some people allowed to be and she can
make wild badge? You know, who's to say what is
(12:28):
improper use of your own money?
Speaker 2 (12:30):
No, That's a really good point is at what point
does it become no, this person's incapacitated to the point where, uh,
the court has to step in versus they're just an
eccentric billionaire that is blowing their money on stuff, and hey,
they made their own they made it, so it's theirs
to do with what they want. Yeah.
Speaker 3 (12:51):
Yeah, And the California advocate said, you know, this is
unconstitutional because it doesn't require the conservacy to have like
a mental disability that prevents them from appreciating like the
risks of their actions. It just requires you can't properly
care for yourself. You can't. You have a substantial inability
that's not the same as being incapacitated. So that thing,
that's why the argument is that there. Hopefully, like we said,
(13:13):
her case will set up some precedent for defining what
exactly that means.
Speaker 2 (13:17):
Another thing, she wasn't, from anything I can tell, blowing
a ton of money. She was, as we'll see, like
perhaps refusing to take medication that they wanted her to take.
She was acting erratically when cops are called, refusing to
give her kids back with the custody arrangement, things of
that nature, but nothing financially related. So it seems like
(13:42):
if you're gonna do some type of conservatorship, have it
be over her medical treatment in person. But leave her
estate out of it. But the person isn't where the
money is.
Speaker 3 (13:57):
That's yeah. Like I said, we can't know someone's motives,
but we can we can, we can get we can
short guess, and you can't be sued for guests, Jamie spears.
Speaker 2 (14:07):
Otherwise no one would go on Jeopardy