Item 32
1992destroy518903-transcript

32. It is in the best interests of the beneficiaries of the Harold Trust that, upon the sale of the Property, the net sale proceeds be distributed in an orderly and expedient manner. Based on Anthony's actions, he is not the proper individual to fulfill the trustee's duties in administering the Harold Trust.

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. You can always trust that 545,820.43 - $26,917.17 = $518,903.26.

1

I ask 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:
1) 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
$545,820.43 is paid to the estate.

1992.04.21
I am shut out. $545,820.43 is paid to the estate for the premature payoff of the Lynch Note. But only $26,917.17 is recorded. The difference of $518,903.26 disappears.


4

The day after the $518,90326 disappearance Edward White gives Jean Nader covert instructions
(Jean Nader is so innocent she sent me a copy not understanding that I was not supposed to see it)
that will tear out family apart. He does not mention the $545,820.43 payment.
The note is made to appear as if it was not paid off.
There are about nine major frameups in this letter. Imagine this agenda at various levels for 23 years.
No family can survive this.
Till it happens to you
-

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.

Comment:
1) This covert letter to our sister Jean Nader (She is so innocent she sent me a copy not understanding that I was not supposed to see it) was made the day after the $545,820.43 payment. The payment is not mentioned. The note is made to appear as if it was not paid off. There are about nine major set ups in this letter. No family can survive this intact.

2) This covert letter to our sister Jean Nader (She is so innocent she sent me a copy not understanding that I was not supposed to see it), at the beginning of the administration of the estate, in 1992, under the guise of protecting the estate, in what is suppoosed to be a fiduciary relationship, urges my sister to take me to Court. It should not be a surprise that they got her to take me to Court in 2012.

3) There is nothing you can do to stop this if one member of your family trusts them. The Virginia Bar will not stop them.

1993.02.10 Virginia Bar to Anthony OConnell
"The Respondent did not file a written answer to your complaint.
However, Mr. White is represented by counsel in this matter, David R. Rosenfeld, Esquire, and I met with Mr. Rosenfeld and his associate in Alexandria to go over all of the factual matters related to this complaint."
1993.11.01 Virginia Bar to Anthony OConnell
"Finally, you indicate that Mr. White, over a period of seven years, has made defamatory and divisive statements which you consider to be far more damaging than the issue regarding the real estate settlement. The Code of Professional Responsibility does not proscribe defamatory statements by an attorney, and our office is not the appropriate forum to investigate or prosecute your claim. If you feel that you have been defamed or libeled by the Respondent, then your remedy is to file a civil action*, but a Bar complaint is not an appropriate vehicle to resolve that issue."
(*My taking my sister to Court instead of my sister taking me to Court does not protect our family.)

 

 


 

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