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January 29, 2019: Order on Motion for new trial (sic) which improperly removes Laura as Charlie’s guardian

UPDATE March 17, 2021: Recently filed paperwork by Tonya Barina, Charlie’s court-appointed Guardian of his Estate reveals that Charlie’s monthly expenses have gone from approximately $10,000/month when Charlie controlled his own money, to nearly $37,000/month under the court administration of Charlie’s estate, as executed by the court-chosen Guardian of Charlie’s estate, Tonya Barina

It would appear the very thing the court, through it’s appointees Tonya Barina and now Mary Werner, have done to Charlie’s $3.4 Million estate exactly what they, without a shred of evidence, accused Laura of: converting Charlie’s estate to their financial benefit, grossly financially abusing Charlie in the process.

Charlie’s estate, as of the last filing made available to the public – Dec 31, 2019, has been reduced from its original $3.4 Million (when Charlie was conscripted into Guardianship on Nov 15, 2018) to $2.4 Million — $1 Million of Charlie’s money having been spent by the court in just 13 months, primarily to the benefit of CKL-Lawyers.com, as well as Mary Werner & her chosen employees/contractors. A smaller amount appears to have possibly been paid to Tonya Barina (as per Texas Estates Code 1155.003 Compensation for Guardian of the Estate) but that is not clear. What is clear is that of the $1 Million the court has seen fit to spend of Charlie’s money from Nov 15, 2018 to Dec 31, 2019, about $900,000 is due to court-ordered expenses, and would never have been spent in this fashion by Charlie, if Charlie had been allowed to continue his life without a guardianship.

January 29, 2019: Order Appointing Guardian of Charlie Thrash – Oscar Kazen, presiding judge.

The problems with Judge Kazen’s Jan 29, 2019 Order start with it’s mislabeling.  The Order is captioned ORDER FOR MOTION ON NEW TRIAL and MOTION TO RECONSIDER, however the Order goes much further and actually is an award of Charlie Thrash to Mary Werner in guardianship, not simply an Order for a Motion on a new trial and to reconsider, since this Order actually skips the entire trial & motion to reconsider and jumps straight to the point of improperly and without stated cause determined in the course of a public hearing, removed Laura Martinez as Charlie’s guardian and replaced Laura with Judge Kazen’s political benefactor, neighbor and wife of the local Mayor of the teeny community where they all live — Mary Werner.

This Order of Judge Oscar Kazen, his 1st order made in the Charlie’s guardianship case, does not comply with the Texas Estate’s Code’s requirements that any removal of a guardian be accompanied by a fact-finding hearing, stating the objections the court has to continuing the current guardian’s tenure.

This Order of Judge Oscar Kazen DOES NOT MENTION THAT AN EXISTING GUARDIAN IS BEING REMOVED. That grave & serious omission renders this Order as improper and invalid, since it does not conform to Texas Estates Code Sec 1203.051 Removal without notice; Appointment of Guardian ad Litem and Attorney ad Litem.

Charlie Thrash was left without any legal counsel on Jan 29, 2019, while Judge Oscar Kazen over-rode Charlie’s preferred and Charlie’s properly-stated legal wishes as expressed in his Durable Power of Attorney, and removed Charlie’s common-law wife, Laura Martinez, as Charlie’s guardian, and replaced Laura with Oscar Kazen’s neighbor, political supporter, and wife of the Mayor of Shavano Park, Mary Werner. 

Judge Kazen and his guardian Mary Werner seized control of Charlie and his estimated $3 Million in assets at the cost of Charlie’s $800,000+ house in Shavano Park, from which Mary Werner removed Charlie on March 6, 2019, Judge Oscar Kazen evicted Laura from the home she’d shared with Charlie on April 9, 2019, and sold off in May 2019, with the proceeds going to pay CKL-Lawyers.com, who continue to argue that Charlie Thrash *must* be kept in a guardianship, lest Laura Martinez spend any of Charlie’s money on anything but attorneys’ fees payable to CKL-Lawyers.com.

This Order saw Oscar Kazen (residing at 106 Fawn Dr, Shavano Park 78231) ordering into guardianship Charlie Thrash (who at that time was allowed to live in his own house at 310 Harvard Oak, Shavano Park, 78230) into the care of the Mayor of Shavano Park’s wife, Mary Werner (residing with her husband, the Mayor, Bob Werner at 310 Fawn Drive, Shavano Park, 78231), resulting in an $2,000+/month income to be received by Mary, a prominent supporter of her neighbor, Oscar Kazen, when Oscar successfully ran for, and was elected probate judge in Fall 2018.

Courtesy of the neighborly actions of Oscar Kazen, using his authority as probate judge to remove Charlie Thrash from Shavano Park, who’s profile did not match the desired characteristics of the Shavano Park residents the Mayor and his wife wished to cultivate, Mary’s income has been approximately $36,000 more than it would have been, had Oscar Kazen allowed Laura Martinez-Thrash to continue as her husband’s Guardian, not award it to his neighbor & political contributor, Mary Werner.

This is calculated using the following equation: Charlie’s been under Mary’s ‘care’ for 18 months, at a cost of at least $2,000/month as disclosed in court documents, therefore 18 months x $2,000/month = $36,000 income to Mary Werner (residing with her husband, Mayor of Shavano Park Bob Werner, also a tax and elder law attorney, at 310 Fawn Dr 78231), courtesy of Oscar Kazen (residing at 106 Fawn Dr 78231).

 

Judge Oscar Kazen at the Bexar County Courthouse on April 10, 2019. Photo: Tom Reel /Staff photographer for the San Antonio Express-News, a Hearst newspaper.
Judge Oscar Kazen at the Bexar County Courthouse on April 10, 2019. Photo: Tom Reel /Staff photographer for the San Antonio Express-News, a Hearst newspaper.

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