$518,903 disappears

The CPA Joanne Barnes and the Attorney Edward White make money disappear and use our trusting sister as unwitting cover. A cash payment of $545,820.43 is made to our Mother's estate for the full payoff of the Lynch Note on April 21, 1992. But only the interest of $26,917.17 is reported. The difference of $518, 903.26 disappears. The only way to get to the truth is to follow the trails. 545,820.43 - $26,917.17 = $518,903.26.

The Lynch Note disappears between the First Estate Court Account and the Second Estate Court Account with no explanation. It continues to be reported to the IRS as if it had not been paid off but is still maturing towards it's scheduled maturity date of April 21, 1995.

Our trusting sister is used to unwittingly divide, disempower, and destroy, our family to cover it up.

The Lynch Note disappears between the First Court Accounting (above) and the Second and Final Court Accounting (below) with no explanation. It continues to be reported to the IRS as if it had not been paid off but is still maturing towards it's scheduled maturity date of April 21, 1995.

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(1 - I ask attorney Edward White about the planned $545,820.43 payment.)
1992.03.30   (Anthony O'Connell to Edward White) (Copy to Jean Nader)
"I have a few questions I hope you would be kind enough to answer.
1. As you know, the Lynch Limited Partnership plans to pay my Mother's estate $545,820.43 on April 21, 1992. What is your best guess as to when and in what amount(s) you will make distribution(s) to the beneficiaries?
2. The license plates on my deceased Mother's Van expire in April of 1992. Virginia DMV requires a new title with the new owners name before they will issue new plates {The plates cannot be renewed by the co-executors signing for Jean O'Connell). The bank will give the co-executors the title if you simply pay them the interest on the loan. I understand the principal on the loan has been paid and I am guessing that the interest is something in the range of $1200 to $1400. Would you please pay the bank the interest so they will give you the title? What is your decision as to who gets the van and how much will it costs?
3. What is your fee for being co-executor of my mother's estate?
Yours truly, Anthony O'Connell"

(2 - Edward White puts our trusting sister Jean Nader between himself and me. This is fatal.)
1992.04.04   (Edward White to Anthony O'Connell, copy to Jean Nader)
"I have received your letter of March 30, 1992.
The answers are: 
Question 1. As soon as the money is received, the tax liabilities evaluated and upon consultation with the Co-Executor.
Question 2. Paid. It is not my decision as to what it will cost you, though I have been informed that you know full well.
Question 3.  2 Y % of the receipts into the probate estate if approved by the Commissioner of Accounts.
I would call to your attention that on two separate occasions I drove to Sovran and spent a lengthy period of time on the question of the car loan. I did this in person since: I knew that you had the vehicle, that your sisters wanted you to have it, that the insurance and tags were due to expire soon and I did not want you to be inconvenienced. I could have done all of this by mail and it probably would have taken about three months, knowing the nature of the loan problem. I assumed I was doing you a favor.
Now I receive you letter asking that I "simply pay them the interest" I paid the interest and principal in one check on March 12, received the title on March 22 and mailed it to Mrs. Nader to sign over to you on March 23. Have you any suggestions as to how it could have gone faster?
The information of the commission was given to you previously by Mrs. Nader.
I do not know what your problem is, but in the future, please address all correspondence to Mrs. Nader.
I am trying to be patient with you, but I find that this estate is time consuming enough without having to deal with letters such as the last two that I have received.
Sincerely, Edward J. White"
Comment:
This is fatal. Dividing the family is fatal. Wedges will be planted using trusting family member Jean Nader to carry them out so it looks as if the resultant confusion and conflict comes from the family. It is made to appear as if the family tore itself apart over money. The confusion and conflict cover the accounting trails.

(3 - On April 21, 1992, the $545,820.43 payment is made to the estate for the full premature payoff of the Lynch Note. Concealed from me.)

(4 - On April 22, 1992, the day after the $545,820.43 payment, .Edward White gives Jean Nader covert instructions that will tear out family apart. He does not mention the $545,820.43 payment. Concealed from me.)
1992.04.22   (Edward White to Jean Nader)
"Enclosed is an agreement which should satisfy Tony as to the car. It cannot be any clearer.
Also enclosed is a preliminary analysis of the estate tax, which should be close to being accurate. I do need to check with Jo Ann Barnes as to a technical question as to whether or not any of your father's trust comes into this. I do not think it does, but there have been many changes in the law since that trust was established. I will have to ask her to bill us for that advice and any other technical tax matters I am not comfortable with. I can do most of the rest of the tax work and save the estate some money.
The executors' commission shown on the analysis is not figured on the value of the realty; however it does not include the 5% commission on the receipts of the estate in addition to the inventory.
In order to file that return and the subsequent Fiduciary Income tax return we will need an accounting from Tony from the date of his last accounting to the date of death. If he does not want to prepare it, I will not agree to any preliminary disbursal to him at all, and will seek your approval to file suit against him to compel the accounting, plus damages to the estate for his delay. Since that trust terminated on your mother's death, his final accounting is due now and not in October.
There will be no further explanations or written entreaties to him as far as I am concerned. He has the duty and he will perform it under a court order if necessary. Of course he will furnish that receipt.
The preliminary analysis contains three alternatives on Accotink at the bottom for your consideration.
In the event that we do seek a reduction in the assessment Tony will be given written notice that his prompt cooperation is necessary and that if he fails to cooperate that he is aware of the adverse consequences to the estate and is responsible for them.
As far as further steps are concerned, we have a lot to do. No gift tax returns were filed for 1989 and 1991 which will have to be done. The results of those gifts are factored in under "Unified Credit used for gifts 9,784".
The paper trail in the court and IRS is as follows:
File Estate tax by June 15, 1992
File First Accounting (16 months after qualification but can be sooner)
Ask for posting of Debts and Demands against the estate.
File Fiduciary Income tax returns for period 9/15/91-9/15/92, due January 1, 1993.
File Motion for a Show Cause why distribution should not be made. Submit Show Cause Order.
Request Executor's exoneration letter from IRS and Virginia.
Obtain closing letter from IRS and Virginia as to estate tax returns.
File 1993 Fiduciary tax returns (Sept. 1992-distribution)
File for Order allowing distribution.
Distribute estate.
File Final Accounting.
Normally distribution is withheld until the Order of Distribution is entered. As I indicated the creditors have one year to press claims against the estate. No prudent executor will distribute before that period, the entry of the Order of Distribution and the receipt of the tax closing letters.
Sincerely, Edward J. White
EJW/e
Encl.

Comments:

a) These covert instructions were made the day after the $545,820.43 payment (Jean Nader is so innocent she sent me a copy of this letter, not understanding that I was not supposed to see it.) The payment is not mentioned. There are about nine major set ups in this letter. No family can survive this intact.

b) This covert letter to our sister, at the beginning of the administration of the estate, in 1992, under the guise of protecting the estate, in what is supposed to be a fiduciary relationship, urges my sister to take me to Court. It should not be a surprise, after 20 years of varying degrees of this agenda, that they got her to take me to Court in 2012 with the Complaint.

(5 - The Lynch Note disappears between the First Estate Court Account and the Second Estate Court Account with no explanation. It continues to be reported to the IRS as if it had not been paid off but is still maturing towards it's scheduled maturity date of April 21, 1995.) 

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Trail point 1 - April 21, 1992  A cash payment of $545,820.43 is paid to the Estate of our Mother, Jean O'Connell, from the premature payoff off of Lynch Note 1.

Trail point 2, March 20, 1993 - The First Court Account for Jean O'Connell Estate is approved by Commisioner Jesse B.(?) Willson, III. This Account says that only $27,917.17 was paid to our Mother's Estate. The difference of $518,903.26 dissappears.

Note 0 - I ask Edward White about the $545, 820.43 on April 21, 1992.

Note 00 - Edward White puts our innocent sister between me and him ("I don't know what

Note 1 - Lynch Note 1 is reported in Jean OConnell's Estate tax to the IRS as if the Note was not paid off in full on April 21, 1992. It says the Note is still on it's scheduled payment, to mature on April 21, 1995.

Note 2 -

Trail point 3 -

Some detail

Trail point 1 - March 30, 1992 - I ask Edward White about the $545,000 (rounded) $545,820 to be paid to Jean O'Connell's estate on April 21, 1992. 

Trail point 2 - April 4, 1992 - Edward White gives me a non answer and plants my innocent sister between me and him. ("I don't know what your

Trail point 3 - April 21, 1992  $545,820 is paid to our Mother's estate. It is concealed from me.

Trail point 4 - April 22, 1992  Edward White sets up my sister, Jean Nader, to set me up.$545,820 is paid to our Mother's estate. It is concealed from me.

Trail point 5 - March 20, 1993, Only $27,000 CPA's Aprio 22,