How does Mehmet Tatlıcı mislead the Court in the United States of America?

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Mehmet Tatlıcı, who is one of the three sons from the deceased businessman Mehmet Salih Tatlıcı’s first marriage that he had with his own aunt’s daughter, did not like his share from the inheritance worthy of millions of dollars left by his father to him, and then, Mehmet Tatlici rushed to the courts to acquire more and started an action to make the inventory of the estate of his deceased father and filed a probate suit. Mehmet Tatlıcı, who could not achieve his target and became frustrated within Turkish justice system, is now trying “his luck” in the U.S.A. Nevertheless, his method remains the same: He is “testing” if he will be able to mislead justice with various maneuvers and reverse the laws in America as well.

 

NEW MANEUVERS OF MEHMET TATLICI: HOW TO PLAY WITH LEGAL SYSTEM?

In today’s news and commentary, we are going to share an exemplary incident of Mehmet Tatlici ((Tatlıcı in Turkish), who keeps up with his “justice misleading” games that did not work in Turkey, over there in USA. We will look into the mischievous world of Mehmet Tatlici who tries to tip this period in his favor and aims to mislead the court on purpose. We will provide official documents and evidence for our readers and public eye.

PASSING OF MEHMET SALİH TATLICI, HIS OFFICIAL WILL AND HOW HE DISTRUBUTED HIS ASSETS AMONG HIS FAMILY AND CHILDREN

Upon the passing of the deceased businessman Mehmet Salih Tatlıcıon February 22 in 2009, five years have passed. After his passing, his official will was declared, which had been prepared years ago (on August 2, 1994) by him.

Ahmet and Ali Tatlici, his sons also born from the first marriage of Mehmet Salih Tatlıcı’s, were disinherited since they had invaded his office and home, and threatened to kill their own father. His other son Mehmet Tatlıcı was limited with his protected share. The grandchildren were also asked to benefit from their protected shares.

The deceased businessman had left the rest of everything to his second wife Nurten Tatlıcı his life partner, friend and love for 43 years, and to his little son, Uğur Tatlıcı, born from this marriage.

THEY RAN TO THE COURTS TO FILE LAWSUITS, DISSATISFIED WITH THEIR FATHER’S DISTRIBUTION, ACTUALLY WORTHY OF MILLION DOLLARS

Mehmet Tatlıcı, born from the first marriage of Mehmet Salih Tatlıcı who had wth his aunt’s daughter, was immediately not satisfied with the terms of sharing after the declaration of his father’s official will. Nevertheless, it was rumored to be a share of millions of dollars.

Blinded by the fierce ambition of money, Mehmet Tatlici could not even wait for his father’s ground to settle and ran to courts. He started an action for making the inventory of the estate and filed a lawsuit at the court of probate.

Born from the same marriage, Ahmet Tatlıcı and the deceased businessman’s grandchildren Salih Ziya Tatlıcı and Bedriye Kamer Tatlıcı (children of the deceased son Ali Tatlıcı) also supported Mehmet Tatlici and got involved in this process he had already started.

During the following legal procedures, Mehmet Tatlıcı’s “methods and maneuvers” were always exemplary law lessons:

LAW LESSON #1: HOW TO REVERSE THE PROCEEDINGS OF LAW IN TURKEY?

The deceased businessman Mehmet Salih Tatlıcı had prepared his official will while the former Civil Code (no. 743) were in effect, however he passed away on February 22, 2009 while the new Turkish Civil Code (no. 4721) was being actively in effect since January 1, 2002.

Under these circumstances, which civil code would be effective to realize the conditions of the deceased businessman Mehmet Salih Tatlıcı’s will?

Enforcement Law of the Civil Code’s Article 17 explains this situation very clearly:

“Inheritance and the transfer of estate is determined by means of the civil code in action during the decedent’s date of death.”

Still, Mehmet Tatlici is aiming to reverse the way laws work at this point and he asked that his father’s last demands would be realized according to the former civil code, which was not in action then. He walked to this direction because he claimed that his protected share would be ¾ of the legal share under the authority of former civil code. On the other hand, new civil code commands that the protected share must be ½ of the legal share. So, ¾ would remain bigger than ½ and Mehmet Tatlici would follow his ambitions and bigger amount of Money.

His moves would be all about these unbelievably cunning ideals: Reverse the way laws work; get more share of that inheritance!

“MISCOUNT” WAS REJECTED BY THE COURT OF CASSATION

“The good and ambitious son” Mehmet Tatlici had hoped to get more shares of his father’s estate assets with this move and it even looked like such a method could work at the beginning of the game. However, in Turkey “things” did not go the way he wanted to and The Court of Cassation’s latest decision set justice in its right place.

The Court of Cassation declared very clearly on July 1, 2013 that Mehmet Salih Tatlıcı’s demands in his will would be applied and realized according to the new Civil Code. (For more detailed information please visit: Justice has been served one more time news)

So, Mehmet Tatlıcı’s protected share was set to be ½ of legal heritage share (3/32 share as a fact) by the final decision of The Court of Cassation in Turkey, and the will of the deceased businessman Mehmet Salih Tatlıcı’s would be realized upon this fact including rejection of Mehmet Tatlıcı’s request for more.

HE COULD NOT MAKE JUSTICE “GO BACKWARDS” IN TURKEY…

As a result, despite all “his efforts”, Mehmet Tatlıcı could not survive his games within Turkish Justice System. The judges and courts saw through his games and fair trials ensured that these moves would be “stopped” by laws efficiently.

NOW HE IS TRYING TO PLAY THE SAME “GAMES” IN THE UNITED STATES…

Mehmet Tatlici did not learn from his mistakes during Law Lesson #1 and NOW he is trying “his luck” with “the same determination” in the USA.

Not being satisfied with an estimated and assumed worth of millions of dollars his deceased father left to him, this man is trying to push the same limits that he could not overcome in Turkey and within Turkish legal system, but now over there in the United States; this is “a new stage” and Mehmet Tatlici now set “the play” in the U.S.

Crossing the seas and oceans between, Mehmet Tatlici got USA in no time flat. Now, through the cases he presented to the courts in Florida, he is working hard to “reverse” the justice over there and trying to influence the court in Palm Beach County by means of misinformation.

With documentation and evidence provided here, we are going to expose what kind of “games” Mehmet Tatlıcı plays through these cases he started in Florida, USA and how he plays these games:

WHAT WERE THE REASONS THAT LED MEHMET TATLICI TO FILE LAW SUITS IN THE U.S.?

So, what was the root of Mehmet Tatlıcı’s burning ambition, resulting in brand new lawsuits all the way up in America, a continent thousands of miles away from Turkey?

The lawsuit filed at the USA courts by Mehmet Tatlici are rooted in the same ambition of money and willingness to get more from his deceased father’s inheritance. While continuing these actions, he is playing “the same well-known games” over there. These “well-known” games, which did not keep up with Turkey and failed, are now transferred to the USA with the hope of “what if?”; Mehmet Tatlıcı is still playing the same games, just in another place.
WHAT KIND OF CLAIMS DID MEHMET TATLICI MAKE IN THE LAWSUIT HE PRESENTED IN USA?

Mehmet Tatlıcı files a lawsuit in Florida State of the United States of America… He claims that some real property presumed to be bought for Nurten Tatlıcı in USA by Mehmet Salih Tatlıcı, do not solely belong to her, but that they are co-owned property with Mehmet Salih Tatlıcı.

What he means briefly is:

In the land registration, these immovable propeties, which seem to belong to my father’s second wife, Nurten Tatlıcı, are “co-owned properties” according to matrimonial property regime in Turkey. Thereof, these properties should be taken from Nurten Tatlıcı’s and all should be included within my father’s inheritance as liquidated properties.”

In order to prove his claims, he made Rukiye Akın (who is an attorney close to him) write a pre-ordered legal opinion on April 22, 2009 and then, he had the legal opinion certifiably translated to English by sworn professional translators. Then, he took this legal opinion to the court in the USA as a legal document, which backs up his claims.

Depending on this legal opinion he had made in Turkey, Mehmet Tatlıcı states that:

“Here, take a look, these properties that seem to belong to my father’s second wife Nurten Tatlıcı, according to Turkey’s legal system, are actually co-owned properties my father acquired during his marriage. This legal opinion displays how Turkish legal system works very clearly. Now, make a decision on behalf of me and include these properties as liquidated properties within the process of distribution of the estate assets, by taking them from Nurten Tatlıcı…”

WHAT IS THIS? A REAL LEGAL OPINION? OR A DISTORTION OF TRUTH?

This obviously pre-ordered legal opinion, which has been presented to the court in Florida, USA, where Mehmet Tatlıcı is still trying to get the benefits that he could not in Turkey, can be labeled as a lesson for not only in Turkey, but also in the USA and even in the world since it is such a great distortion of facts and truths.

The legal opinion Mehmet Tatlıcı had attorney Rukiye Akın write, is such an exemplary lesson in the name of the LAW that it could be noted in the history of LAW. This situation points out to the fact that Mehmet Tatlıcı does not avoid using “tricks” as a method when it comes to getting what he wants and this is why he is so-called searchingjustice he could not “find” in Turkey, but over there in the USA. He is doing “his best” to prove his claims are “real” and continues to juggle legally between two countries and continents, trying to turn the tide to his favor.
LAW LESSON #2: HOW COULD THE INTERPRETATION OF LAWS BE REVERSED IN THE OPPOSITE DIRECTION?

Let us witness what Mehmet Tatlici aims to achieve by the help of this “legal opinion” he had an attorney prepare in Turkey and how he tries to influence the legal process in his terms, over there at a court in the USA-Florida by “reading” the laws from backward.

The deceased businessman Mehmet Salih Tatlıcı married his second wife while the former Civil Code (no. 743) was in effect in Turkey. He passed away on February 22, 2009 during which the new Turkish Civil Code (no. 4721) that became in effect as of January 1, 2002.
WHAT DOES TURKISH CIVIL CODE STATE: PROPERTY ACQUIRED DURING MARRIAGE IS COMMON OR NOT?

Mehmet Salih Tatlıcı had long asked for a proper, name-by-name registration of properties before his death, regarding the properties acquired during their second marriage. All property would be either registered in the name of Nurten Tatlıcı’s if they belonged to her, and others would be under the name of Mehmet Salih Tatlıcı’s since they solely belonged to him.

According to the old and new Civil Code in Turkey, it is clearly stated that marital properties are not organized as co-owned property.

According to marital property regime both in the old and the new civil codes in Turkey, properties acquired during marriage are not co-owned ones: and so, one of the spouses can hold ownership of the property all by her or himself under proper registration terms and within legal limits these properties would be under the responsibility of that one person to do whatever s/he demands to do.

Thereof, other spouse (or his/her legal heirs following a death) is clearly not able to claim any ownership right over these properties.
WHILE LAWS STATE THE OBVIOUS IN TURKEY, WHAT IS MEHMET TATLICI DOING IN THE U.S.?

While the laws state these realities clearly in Turkey, Mehmet Tatlici is trying to mislead the court in Florida during legal process by means of this so called-legal opinion he had sent to himself from Turkey and presented to court, which was a backwards writing of the facts by the way. He is aiming to enforce his version of reality.
PRE-ORDERED “LEGAL OPINION” MEHMET TATLICI PRESENTED TO COURT AND WELL-KNOWN GAMES

Alongwith containing many significant mistakes, the legal opinion presented to court for the USA cases of Mehmet Tatlici, has a misleading language regarding the former and new Civil Codes’ related articles. There is a clear misinformation, which does not provide the truth about Turkish legal system. Mehmet Tatlici had previously tried such deviations from facts before during some past cases. (We have presented these incidents here at the web site Tatlıcı Realities (Tatlıcı Gerçekleri in Turkish) and we will touch upon at the last section of the news)

Mehmet Tatlici clearly and consciously claims to reverse the facts here and he also wants to have favorable endings for the lawsuit he filed in the U.S. on his behalf.

To fulfill his ambitions and financial desires, he does not avoid providing fake, pseudo and controversial “information” to the courts in the USA.

This is the well-known “Mehmet Tatlici games” we know from Turkish trial process and these “games” of his are now “being staged” over at the USA.
WHAT ARE THE BASIC MISTAKES OF THE LEGAL OPINION MEHMET TATLICI PRESENTED TO THE COURT IN USA?

The legal opinion Mehmet Tatlici had attorney Rukiye Akın write from Turkey, is written in a style that gives place to only one Civil Code (with mild article renovations and revisions in it) as if this is the situation in Turkey. On the contrary, the new Turkish Civil Code (no. 4721) that has been in effect as of January 1, 2002; and by this, the former Turkish Civil Code (no. 743) which had been in effect since 1926 completely replaced by the new Turkish Civil Code. Thus, attorney Rukiye Akın’s portrayal of the situation as if there has only been one single code having been subject to amendments, is not accurate.

Along with this, the mentioned legal opinion ignores the differences in the execution processes between the former and new Civil Codes in Turkey, while neglecting the regulations and statements about the enforcement law.
WHAT DOES THE LEGAL OPINION STATE? BUT, WHAT DOES TURKISH CIVIL CODE STATE?

Mehmet Tatlici is making false claims and trying to reverse the reality with this so-called legal opinion, which was presented to American courts:

(The comments inside parentheses are the facts that clearly and profoundly explain what legal enforcement involves and how Turkish legal system actually works)

The civil code in Turkey is structured to organize marital properties as “co-owned property”. (But, neither the old, nor the new civil code states such a point)

Property acquired during marriage is “co-owned”; thereof “separation of property regime” is not adopted in Turkey.(Including the period that the old civil code was in effect, Turkish Legal system had never admitted these properties to be “co-owned”)

Turkish Civil Code clearly admits that the properties acquired during marriage as “co-owned properties”.(This statement is also completely irrational and false. Even assets acquired during marriage with the joint efforts of spouses are not co-owned by them. Whichever of the two spouses happens to posses the assets will be the person to have the power to benefit from, manage and dispose of such assets according to Turkish Civil Code article 223/p.1).

The Assets that was acquired by any of the spouses during marriage are all considered as “co-owned” properties according to Turkish Civil Code.(On the contrary, these are not co-owned but acquired assets. Here, a misleading emphasis is consciously made upon the phrases “co-owned” and “acquired” so that confusion rises and they get to be mistaken as the same concept. Nevertheless, lawmakers in Turkey have all separated one from another precisely. For this reason, it is entirely wrong to use the phrase “co-owned assets” at every opportunity).

Pursuant to Article 219 of Turkish Civil Code, when one of the spouses dies, assets acquired together by both spouses during marriage, including those registered under the name of the surviving spouse, will be included in the estate. (First of all, it must be clarified that this sentence and situation referred to here, has nothing to do with Article 219 of Turkish Civil Code and this sentence is entirely wrong for it is in no way possible to include into the estate assets owned by the surviving spouse. How could assets owned by a surviving spouse possibly be included in the estate of the deceased spouse? This is entirely against reason and common sense).
WHAT DOES TURKISH CIVIL CODE ACTUALLY CLAIM?

After the exemplary situations and instances we have mentioned above along with real life examples, regarding the fact that Mehmet Tatlici is consciously aiming to reverse and mislead Turkish Civil Code; let us complete this section after clarifying the essence of the statutory matrimonial property regime in Turkish Law adopted in relation to marriages consummated during the time of former Civil Code and which continue during the time of the new Civil Code is in effect:

All the assets acquired by one of the spouses until December 31, 2001 are his/her personal assets (Turkish Civil code Article 220/sub-p.2). Such assets are not part of the assets that will be subject to liquidation in the case of the property regime coming to an end

Assets acquired by one of the spouses at no charge (through donations or inheritance), during the period between January 1, 2002 and the date when the property regime ends (e.g. when he/she dies) are also personal assets (Turkish Civil Code Article.220/sub-p.2).  Such assets are not part of the assets that will be subject to liquidation in the case of the property regime coming to an end. Only if the personal assets have created proceeds (such as the rent of a house or the interest of money, etc.), such proceeds are deemed to be acquired assets, and are thus subject to liquidation.

Under the light of legal facts, let us outline realities against Mehmet Tatlici’s diversions:

Let us leave Mehmet Tatlici’s scripted facts aside for the time being; since they are a part of the game he is consciously playing to mislead at the court during the USA leg of his ambitious quest for more money and, let us now put the law in Turkey at the front and make it our priority here…

  1. The deceased Mehmet Salih Tatlıcı passed away on February 2 in 2009, during which new Civil Code had been effective since January 1, 2002.
  2. Mehmet Salih Tatlıcı and Nurten Tatlıcı had no co-owned properties during their marriage. All the properties acquired during their marriage were before new Civil Law, (which means until December 31, 2001), and they are in fact personal belongings and assets.
  3. Under these circumstances, the assets registered under Nurten Tatlıcı’s name are acquired before January 1, 2002 and therefore, they are directly her personal assets. They do not belong, in any way, to her deceased husband Mehmet Salih Tatlıcı.
  4. Thereof, the deceased Mehmet Salih Tatlıcı’s heir Mehmet Tatlıcı and other heirs involved with these cases cannot just come about and ask Nurten Tatlıcı to sell what she personally owns. But, there can be negotiations about the rent or interest Nurten Tatlıcı has had from these properties, if there is any. Because, earnings from the rent payments and the interest are deemed to be acquired assets and they are subjected to liquidation.

These are the exact regulations and statements of the Turkish Civil Code. Everything besides is all Mehmet Tatlıcı’s “way of looking at things”. Since he aims to mislead American courts and justice system, Mehmet Tatlici aims to modify truth and camouflage the facts. He had done similar things in Turkey. We believe these became his habits and now he is following them all the way up in Florida, USA.

But nothing ends here; let us see what more he has tried to “achieve” with this legal opinion:
LAW LESSON #3: HOW CAN THE LAWS IN TURKEY BE “REWRITTEN BY HAND”?

The legal opinion written by Rukiye Akın and sent to Mehmet Tatlıcı to present to an American court, is composed of “twists”, missing parts, misinformation and even a re-writing of relevant law articles in some situations. So, this “legal” opinion he presented to court in Florida is not the reality which should be valued by laws but the very-law breaker itself since it has been hand written, all from the beginning, denying all legal truths and creating a one of this ambitious guy’s own.

There are many examples of “cunning” behavior regardinga re-writing of Turkish Civil Law in this particular legal opinion.

We would like to share some of these to become records of the truth in the history (naturally in the history of the law) with our readers and public eye:

Rukiye Akın, to whom Mehmet Tatlıcı ordered his legal opinion, has written Article 218 of Turkish Civil Code (TCC) as such:

“The acquisitions regime covers all the assets acquired by either one of the spouses.”However, Article 218 of Turkish Civil Code reads actually as follows:

“The participation in acquisitions regime covers acquired assets and the personal assets of each spouse.”

 Rukiye Akın, to whom Mehmet Tatlıcı ordered his legal opinion, has written Article 222 of TCC as such:

“The party who claims that certain assets are the personal assets of either one of the spouses must prove this claim.”

However, Article 222 of TCC consists of three paragraphs, and reads exactly as follows:

“Anyone who claims that a certain asset belongs to either one of the spouses has an obligation to prove this claim.

Assets, which cannot be proven to belong to either of the spouses, are deemed to be within co-ownership of the spouses.

All of the assets of a spouse are deemed to be acquired assets until the opposite is proven.”

Rukiye Akın, to whom Mehmet Tatlici ordered his legal opinion, has written Article 510 of TCC as follows:

“Article 510:  Only under the following conditions, one can deprive his/her heir of their legal share of the inheritance.

  • In the case of the said heir having committed a serious crime against the decedent or against the decedent’s family members…”

However, Article 510 of TCC is as follows:

“Under the following conditions, a decedent, may, through a testamentary disposition, disinherit his/her heir with reserved shares:

  • In the case of the heir having committed a serious crime against the decedent or against one of the kinspersons of the decedent,”

As can be seen here, attorney Rukiye Akın, who wrote a legal opinion with the order of Mehmet Tatlici, has modified the text of the articles of Turkish Civil Code (TCC) and she has here re-written an article of the TCC by her own… Such manipulation is out of the rules with what the law states… The phrase used by the legislator is “kinspersons of the decedent” whereas attorney Rukiye Akın has used to phrase “the decedent’s family member…”

Another example of civil codes in TCC being twisted is as follows:

Rukiye Akın, from whom Mehmet Tatlıcı ordered a legal opinion, wrote these:

“Article 237: Such agreements cannot annihilate the legal reserved shares of the respective children of each of the spouses.

This way, attorney Rukiye Akın has created an impression, which would make one think that this provision regulates inter vivos and testamentary dispositions of the decedent, thus protecting the reserved shares of the heirs with reserved shares.

As a matter of fact, the text of TCC article 237 reads exactly as follows:

“In relation to participation in matrimonial profit, a different basis may be adopted through a property regime agreement.

Such agreements cannot prejudice the reserved shares of the spouses’ unshared children and those of their descendants.”

As can be seen, the provision stipulates that the rate of participation claim can be determined with a contract, but that such determination cannot prejudice the reserved shares of the spouses’ unshared children and those of their descendants.

In short, contrary to what attorney Rukiye Akın claims, Turkish Civil Code article 237 does not consist of one paragraph only; it includes two paragraphs. The phrase “such agreements” in the provision does not refer to agreements such as sales or donation agreements between the decedent and his/her surviving spouse; on the contrary, it refers to a property regime agreement.

MEHMET TATLICI’S “GAME WITH JUSTICE”

Now, Mehmet Tatlıcı has carried his stage and spot lights to the USA from Turkey and he is keeping up with “his game” there.

The legal opinion made up of such mistakes brings some questions on why it is not prepared by Mehmet Tatlici’s long-term law advisor and a college professor (Prof. Dr. Teoman Akünal), who has served as Tatlıcı’s attorney for years in addition to being a very well-known name in the field. But, instead attorney Rukiye Akın, who does not hold any significant academic title writes and causes questions. In Turkey, such legal opinions are generally prepared by people with academic titles, so here Mehmet Tatlıcı’s aim and method becomes even clearer.

Could a law student pass her/his class if s/he had written such a “legal opinion”? Besides, all these lawless games played in the name of law should result in the punishment of all names included in this process anywhere in the world; but the question is which authority is to punish the people who enforced and prepared such a lawless document in order to present a court in the United States?

In order to achieve his goal through the lawsuit Mehmet Tatlici filed in the USA, this mentality sees the world through his and his eyes only, manipulating servants of justice, playing with laws and ignoring facts….

What kind of a search for justice is this?

We leave the comments to our readers and public eye…
MEHMET TATLICI HAS PLAYED THESE GAMES BEFORE

Mehmet Tatlıcı made similar moves during a lawsuit he filed at the USA courts before:

He had translations notarized and approved “legally”, then these translations turned out to be misinterpretations prepared in favor of Mehmet Tatlıcı and his defense was that the translator had mixed some papers. (For more information: The Lake is Fermented Hodja! and Al dağlardan kengeri, ver devenin ağzına news)
WHICH “GAMES AND EXCUSES” ARE NEXT?

Notarized translation confusions and mistakes, paper mix-ups… And, excuses, excuses… We are not even curious about the “productions” Mehmet Tatlıcı will have against the facts and true news we have presented here: Because “tree is known by its fruit…”

However, a man who does such mischievous things in the name of law, with such an immature and lawless methods in a kind of “assuredness”, is seeking for what kind of justice and how?

This remains a question mark…

But, just as Turkey’s Justice system has seen and determined the games of Mehmet Tatlici, American Justice System will also have the same understanding sooner or later…

We are going to continue sharing new developments in Mehmet Tatlıcı’s games with our readers and public.

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