$545,820


The $545,820.43 cash payment to the Estate on April 21, 1992, from the full payoff of the Lynch Note, is not recorded. Only the interest of $26,917.17 is recorded. The difference of $545,820.43 - $26,917.17 = $518,903.26 disappears.

The Lynch Note disappears between the First Estate Court Account and the Second Estate Court Account without explanation. But it continues to be reported to the IRS. as late as April 10, 1995, as if it had not been paid off in full on April 21, 1992, but is continuing on it's scheduled maturity date of April 21, 1995.

The signature cover of the accountants and their colaboraters is to render the family powerless by dividing and destableizing the family using the trust of a family member to unwittingly carry it out. The Bar would not stop it. It can't be stopped.

To verify try to expose the accounting trail for the $545,820.43 payment and see what happens.


1992.03.30  (Trustee to Attorney Edward White)
"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
(Trustee to Attorney Edward White, copy to Jean Nader)


1992.04.04  
"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"
(Attorney Edward White to Trustee, copy to Jean Nader)


1992.04.21
(The cash payment of $545,820.43 is made to the Estate on April 21, 1992, for the full payoff of the Lynch Note. It is not mentioned in the letter of April 22, 1992.)


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
(Attorney Edward White to Jean Nader)

Enclosure:

JEAN M .O'CONNELL ESTATE TAX ANALYSIS  
   
CASH(?), NOTES, STOCKS & BONDS.  
   
ck Wash Gas Light Co. 8/1/91  
105.00
   
ck Signet 8/5/91  
39.00
   
ck A. G. Edwards 8/15/91  
2,346.63
   
ck Kemper Mun Bond Fund 4/30/91  
162.86
   
ck Kemper Mun Bond Fund 5/31/91  
162.86
   
ck Kemper Mun Bond Fund 7/31/91  
162.86
   
ck Kemper Mun Bond Fund 8/30/91  
162.86
   
Ck Nuveen Fund 3/1/9  
63.00
   
Ck Nuveen Fund 5/1/91  
63.00
   
ck Nuveen Fund 6/3/91  
63.00
   
ck Nuveen Fund 8/1/91  
66.50
   
ck Nuveen Fund 9/3/91  
66.50
   
ck American Funds 9/9/91  
424.76
   
Sovran Bank #4536-2785  
3.310.46
   
First Virginia Bank #4076-1509  
22,812.52
   
Fx Co. Ind Dev Bond  
109,587.00
   
FranklinxVa. Fund 4556.001 sh  
50.507.84
   
Investment Co. of America 3861.447 sh  
65.663.91
   
Kemper Mun Bond Fund 2961.152 sh  
30,396.23
   
Nuveen Premium Inc Mun Fund 700 sh  
6.450.60
   
Washington Gas Light Co. 200 sh  
6,375.00
   
Signet Banking Corp 198 sh  
4,331.25
   
Lynch Properties note  
518.903.26
   
Travelers Check  
20.00
   
1988 Plymouth Van  
8.000.00
   
Am Funds 5/10/91  
326.60
   
USAA Subscriber savings acct  
25.10
   
SUB TOTAL  
830,599.10
   
OTHER ASSETS  
   
1990 Virginia Tax refund  
1,605.58
   
Debt from Harold O'Connell Trust  
659.97
   
Blue Cross refund  
88.78
   
SUB TOTAL  
2354.33
   
JOINT ASSETS  
   
Hallmark Bank #1107849600  
40,796.81
   
REAL ESTATE  
   
15 acres Fairfax Co. Va. 53.9006% interest  
323,403.60
   
TOTAL ASSETS  
1,197,153.84
   
--------------------------------------------------------  
   
DEBTS  
   
Colonial Emerg Phys (med bill)  
10.40
   
Fairfax Circ Ct. letters  
14.00
   
Jean M. Nader probate tax reimb  
1,269.00
   
Sovran Bank Car loan payoff  
1,364.97
   
Checks  
15.89
   
Commissioner of accounts Inventory  
61.00
   
IRS 1991 1040 return  
15,332.00
   
Va. Dept Tax 1991 return  
2,856.00
   
Jean M. Nader, hills pd  
8,559.00
   
Sheila Ann O'Connell-Shevenell, cem bill  
475.00
   
Co-Executors' Commission  
41,529.96
   
Commissioner of Accounts fee for Accounting  
1,048.25
   
TOTAL DEBTS AND EXPENSES  
72,535.46
   
JEAN M. O'CONNELL ES'I'A'l'E TAX ANAI.YSIS [page 2]  
   
TAX COMPUTATION
 
   
GROSS ESTATE  
1,197,153.84
   
DEBTS & EXPENSES  
72,535.46
   
   
ACC 75% ACC 60%
TAXABLE ESTATE  
1,124,615.38
1,043,767.48 995,256.94
TENTATIVE TAX 41% bracket  
396,893.53
363,744.67 343,950.21

Unified Credit before gift comp
192,800
   
Unified Credit used for gifts
9,784
   
UNIFIED CREDIT  
183,016.00
183,016.00 183,016.00
CREDIT FOR VIRGINIA TAX  
40,375.58
35,201.12 32.934.39
NET FEDERAL TAX  
  127.999.82
VIRGINIA TAX  
  32.934.39
---------------------------------------------- ------ ------------ ---------- ---------
TOTAL ESTATE TAXES  
213,877.53
180,728.67 160,934.21
   
   
   
   


1992.05.04 
"If we have knowledge of a gift to Tony of $15,000, we must report it. Tony is going to have to answer that question before we can be satisfied. If he claims he did not receive the money, he will have to supply us with an affidavit to that effect.
As far as the management of an estate undergoing the probate process is concerned, the Executors are entitled to some latitude within the confines of their fiduciary duty. The decisions about the estate are theirs.
My personal operational mode in these matters is to keep the heirs fully supplied with the paperwork of the estate, and consult with them fully as to strategic and long range issues, such as the valuation of property in the Accotink situation. The day to day matters and the justification for tactical positions taken such as the contents of forms and accountings are the prerogative of the Executors and subject to the scrutiny and approval of the Commissioner of Accounts or the taxing authorities only."
(Attorney Edward White to Jean Nader, in part)


1992.05.19  
"In your letter of May 6 to Jean you asked that I communicate with you with regard to the Harold O'Connell Trust.
I am trying to prepare the estate tax, and as usual in these cases, there are problems trying to understand the flow of debts and income.
I do have a few questions which are put forward simply so that the figures on the Trust's tax returns and accounting will agree with the estate's.
1. The K-1 filed by the Trust for 1991 showed income to your mother of $41,446.00. The Seventh Accounting appears to show a disbursement to her of $40,000.00 plus first half realty taxes paid by the trust for her and thus a disbursal to her of $1794.89. If these two disbursals are added the sum is $41,794.89. This leaves $348.89 which I cannot figure out. It could well be a disbursal of principal and not taxable.
2. The K-1 filed by the Trust showed a payment of $816.00 in interest to the estate. You sent a check in the amount of $1475.97 to the estate. What was the remaining $659.97? Do I have this confused with the tax debt/credit situation which ran from the Third Accounting?
3. On the Seventh Accounting "Income per 7th Account" is shown as $5181.71, but I cannot figure that one out either.
I am of the opinion that the estate owes the trust for the second half real estate taxes from September 15, 1991 through December 31, 1991 in the amount of $1052.35. This is shown on your accounting a disbursed to the heirs. Should this be paid back to the heirs or to the Trust?
I believe that the income received from the savings accounts from September 15 to the date the various banks made their next payment to the Trust (9/30 and 9/21) should be split on a per diem basis, since the Trust terminated on her death. This will be a small amount of course.
Are there any other debts which your Mother owed the Trust?
I realize that Jo Ann Barnes prepared this and if you authorize it I can ask her to help me out.
Please understand that I have no problem with the Accounting, I m just trying to match things up. In the long run, since the beneficiaries are the same, the matter is academic. Please send the bill for the appraisal whenever you receive it. Jean is filing the Fairfax form for re-assessment in her capacity as a co-owner in order to give us a better basis to get this assessment changed and to meet the county's deadline. It will state that the appraisal you have ordered will follow. I think this will be to all of your benefit in the long run.
Sincerely, Edward J. White"
(Edward White to Anthony O'Connell, c/o E.A. Prichard, copy to Jean Nader)


1993.11.01
Dear Mr. O'Connell:
This letter is in response to your certified letter dated September 20, 1993, which was received in this office on September 23, 1993. As you know, the basis for my dismissal of your complaint was the absence of an attorney-client relationship,between you and the Respondent. Nothing you have submitted to me under cover letter dated September 20, 1993 changes my conclusion.
The copy of Mr. White's fee statement shows an entry: "4120 OV A. O'CONNELL." The fact that you had an office visit with Mr. White does not create an attorney-client relationship. I note that the fee statement dated April 16, 1988 is sent to Mrs. Jean M. O'Connell and I believe that your mother is the client in this particular matter, not you.Your original complaint alleges that the Respondent handled your mother's estate incompetently. I do not believe you have standing to complain, because you are not a. client of Mr. White. The second enclosure, a list of your unreturned telephone calls to Mr. White, 'also does not change my conclusion. Unless you can show that you are a client of Mr. White, Mr. White'was under no ethical.duty or mandate to return your telephone calls. This complaint also boils down to.your word against Mr. White's as to whether he was representing you at the settlement on the real estate transaction. The Bar would have to prove your position by clear and convincing evidence, and1 simply do not see any clear and convincing evidence that Mr. White had agreed to represent you, or that he represented you by his conduct.
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.I am truly sorry that I cannot advance your claims .or interest, however, I must stand on my original decision to dismiss your complaint. I trust that you will appreciate my explanation, although you disagree with it.
Very truly yours,
James M. McCauley
Assistant Bar Counsel
JMM/dls
(Bar to Anthony O'Connell)