IN RE: THE ESTATE OF HELEN M. IN THE CIRCUIT COURT OF THE IFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Probate Division Case No. (IX) (Previously proceeding in Division IZ, but transferred to Division by way of an Order of this Deceased, Court dated January 31, 2013) THOMAS H. MAYES Petitioner/Counter-Respondent, V. RONALD O. MAYES, Respondent/Counter?Petitioner, and DANIEL MAYES, Respondent. OBJECTION TO ELIZABETH PETITION FOR FEES AND COSTS THOMAS H. MAYES, as a bene?ciary of the estate of Helen M. O?Grady and as the appointed Personal Representative of the estate of Helen M. O?Grady, hereby ?les his objections to Elizabeth Savitt?s Petition for Fees and Costs, ?led on September 2, 2013, as follows: 1. As all parties to this action well know, this case began after the passing of the decedent on May 29, 22012, and the ?ling of a Petition for Administration of her May 19, 2010 last will and testament. This Petition was ?led by THOMAS H. MAYES, who now stands as the appointed personal representative of the estate of Helen M. Grady. As a result of a Counter-Petition ?led by RONALD O. MAYES, ?nal disposition of the Petition for Administration did not occur until July 11, 2013, when the Court entered the Order attached hereto as Exhibit By way of said Order, the subject May 19, 2010 will was admitted to probate, and THOMAS H. MAYES was appointed personal representative of the estate of Helen M. O?Grady. Attached hereto as Exhibit is ?a copy of the Letter(s) of Administration issued in favor of THOMAS H. MAYES as personal representative of the estate of Helen M. O?Grady. While the subject will contest remained pending, on or about March 19, 2013, this court held a hearing on DANIEL Petition for Appointment of Curator, and after a hearing, this Court made the determination to appoint ELIZABETH SAVITT, existing Guardian of the deceased ward, as the Curator of the estate of Helen M. O?Grady. By way of the Order attached hereto as Exhibit, ELIZABETH SAVITT was formally appointed as Curator and ordered to ?le (within ?ve days her designation of resident agent and oath. On or about July 16, 2013, Sheri Hazeltine, Esq. ?led a Petition for Payment of Fees and Expenses on behalf of Ms. Savitt, purportedly setting forth Ms. Savitt?s position In re Estate of Helen M. O?Grady Case No.: 502012CP002908WSB ?w Fr 1W ?f 10. 11. as to what would amount to reasonable compensation for the time she expended as Curator from March 20, 2013 through July 10, 2013. A true copy of same is attached hereto as Exhibit Thereby, it was alleged that she had provided services for the bene?t of the estate which, when billed at a rate of $150.00 hr, amounted to the sum total of $6,624.10. Of note, no explanation was given or has ever been given as to why this Petition included billing at a rate of $150.00/hr for Ms. Savitt?s services as Curator, where she previously billed at a rate of $75.00/hr for services she rendered as Guardian of Helen M. O?Grady. Regardless, the amount of ?fees? which Ms. Savitt claimed she was entitled to as of July 16, 2013, for services rendered from March 20, 2013 through July 10, 2013 (a period of nearly four months) came to a sum total of $6,624.10 . On September 2, 2013, Ms. Savitt, through her counsel, Sheri Hazeltine, Esq., ?led a new Petition for Fees and Costs which is the subject of this Objection. A true copy of same is attached hereto as Exhibit Thereby, Ms. Savitt apparently set-aside her prior July 16, 2013 Petition. and now asserted the position that, as Curator, she was entitled to pay pursuant to the statutory fee schedule set forth within Florida Statutes 733.617 which, given the value of the estate, allegedly amounts to $55,222.60. Again, though Ms. Savitt previously petitioned the Court for payment in the amount of $6,624.10 for services rendered during a four (4) month period spanning from March through July of 2013, she now believes that the services she has subsequently rendered from July 11, 2013 through September 2, 2013 warrant payment of an additional to an additional $48,598.50. It would appear that Ms. Savitt?s justi?cation for her new request is the statutory language of Florida Statutes which states ?Curators shall be allowed reasonable'compensation for their services, and the court may consider the provisions of s. 733.617.? See Fla. Stat. 733.501 (2002). However, Ms. Savitt apparently has overlooked much of what Florida Statutes 733.501(3) actually says. The language of the statute indicates that a Curator ?shall be allowed reasonable compensation?. In no way has Ms. Savitt even attempted to establish that her blanket request for ?55,222.60 is in any way reasonable! Furthermore, the statute permissiver grants the Court discretionary authority to consider the provisions of Florida Statutes 733.617 when determining such compensation. 1 Note: This sum is only being utilized to reference the impropriety of the presently claimed ?fee?. The parties, and the personal representative, DO NOT stipulate that the previously claimed sum was a) reasonable, b) incurred for services appropriately rendered to the estate, and c) likely to be approved by the Court and directed to be paid to Ms. Savitt. If Ms. Savitt subsequently seeks to re-assert her right to such sum, the Personal Representative will object based upon the fact that numerous items billed for within Ms. Savitt?s submitted invoice were wholly unnecessary and/or not actually rendered in furtherance of the interests of the estate, and further that she unilaterally doubled her hourly billing rate after her appointment as Curator. In re Estate of Helen M. O?Grady Case No.: 12. And in looking at the body of Florida Statutes ?733.617, same states in subsection (7), Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the personal representative or award compensation for extraordinary services if the facts and circumstances of the particular administration warrant. In determining reasonable compensation, the court shall consider all of the following factors, giving weight to each as it determines to be appropriate: The promptness, ef?ciency, and skill with which the administration was handled by the personal representative; The responsibilities assumed by and the potential liabilities of the personal representative; The nature and value of the assets that are affected by the decedent?s death; The bene?ts or detriments resulting to the estate or interested persons from the personal representative?s services; The complexity or simplicity of the administration and the novelty of the issues presented; The personal representative?s participation in tax planning for the estate and the estate?s bene?ciaries and in tax return preparation, review, or approval; The nature of the probate, nonprobate, and exempt assets, the expenses of administration, the liabilities of the decedent, and the compensation paid to other professionals and ?duciaries; Any delay in payment of the compensation after the services were furnished; and Any other relevant factors. See Fla. Stat. 733.617(7) (2002). 13. First and foremost, Ms. Savitt was appointed Curator of the estate, not Personal Representative, and she did not handle a full and ?nal administration of this estate. Despite the representations to the contrary contained within her September 2, 2013 Petition, the estate administration has not yet been completed, and the estate is not In re Estate of Helen M. O?Grady Case N0.: 502012CP002908MXSB 14. 15. 16. 17. l8. l9. ready to be closed. As one speci?c example, the estate presently holds an interest in real property which, pursuant to the last will and testament of the decedent, is to be sold and the proceeds evenly distributed as part of the formal administration of the estate?s assets. This has not been done yet as one of the bene?ciaries (speci?cally, DANIEL MAYES) is presently in possession of this property and further action will need to be taken to allow the Personal Representative to complete his duties, liquidate this asset, and administer the proceeds accordingly. The foregoing stands as the primary basis for a clear determination that no justi?able reason exists to compensate a Curator based on the fee schedule given to address compensation to a personal representative for a full and complete administration of an estate where the Curator has not in fact completed such work. Second, the responsibilities assumed by Ms. Savitt as Curator were, in essence, the same as those she possessed as Guardian: hold the assets of the estate until appointment of the Personal Representative. Furthermore, the Court granted Ms. Savitt authority to a) publish Notice to Creditors, and b) make an interim distribution to the bene?ciaries and tender payment to counsel for three (3) parties and the mediator who presided over a June 11, 2013 Mediation. The foregoing amounted to the full extent of Ms. Savitt?s Court appointed authority as Curator, and amounted to the sum total of the authorized actions she took while Curator. Looking at the nature and value of the assets of the estate, same consisted of 1) stock, 2) a single parcel of real property, 3) on hand cash, and 4) varied items of personal property located in the subject parcel of real property which all bene?ciaries essentially agreed was of no real ?scal value (same was valued by the Curator at $750.00). In essence, the ?handling? of the estate?s assets during the period in which Ms. Savitt was Curator was not in any way complicated. Looking at the bene?ts or detriments resulting to the estate from Ms. Savitt?s activities, there has been signi?cant action required by the undersigned as well as other parties due to improper actions of the Curator and her Counsel. Speci?cally, the undersigned and the Personal Representative are in the process of ?ling, or have ?led, a Petition for Removal and for Surcharge, based upon actions of Ms. Savitt which amount to a conversion of estate assets. Furthermore, there has been considerable waste of estate assets on Petition(s) ?led by the Curator which were a) of no merit, and b) exceeded the scope of her authority without Court Order. As to the second prong mentioned above (waste of estate assets), one speci?c example is the Curator?s ?ling of her Petition to Determine Homestead Status of Real Property and Notice of Intent to Take Possession of Homestead Real Property. This petition lacked legal merit, required the ?ling of written responses inopposition by three (3) of the parties to this action (THOMAS H. MAYES, DANIEL MAYES, and RONALD O. MAYES a copy of THOMAS H. response is attached hereto as Exhibit was subsequently followed by an improper request for an advisory opinion Ms. Savitt?s ?Amended Petition and Request for InStructions7?), In re Estate of Helen M. 0?Grady Case No.: 5 and which was never actually heard by this Court. In effect, Ms. Savitt and her counsel billed for the time expended on these Petitions, required bene?ciaries of the estate to have their counsels formally respond (thereby further increasing fees billed and which ultimately have been or will be sought from the estate), all relating to an unnecessary and unauthorized action on the part of the Curator. 20. As to the ?rst prong mentioned above (conversion of estate assets), on August 12, 21. 2013, the Curator issued herself a draft from Estate Account in the sum of $1,725.00. See Composite Exhibit attached hereto, which is a copy of pages three (3) and four (4) of the Final Accounting ?led by the Curator. Curiously, this payment was supposedly made pursuant to a Court Order dated August 18, 2013. The Personal Representative and the undersigned are unaware of any Order of this Court entered on August 18, 2013 authorizing any such payment, and presume that this is a scrivener?s error, and is meant to reference an Agreed Order entered on August 8, 2013 which was improperly submitted to the Court as the Personal Representative had never seen a copy of this Order prior to same being submitted to the Court, and never agreed to the submission of same to the Court. The following day, August 13, 2013, the Curator issued her counsel a draft from Estate Account in the sum of $1,745.36. Again see Composite Exhibit This payment too is referenced as made pursuant to a Court Order dated August 18, 2013. As with the ?rst payment on August 12, 2013, this appears to have been made pursuant to an Agreed Order which the Curator obtained improperly from the Court. Of note, the Personal Representative has requested copies of these Orders from the Curator (through her retained counsel), but no such copy has been provided. Next, on August 14, 2013, the Curator, ELIZABETH SAVITT, issued herself a draft in the amount of $7,000.00 (denoted on Exhibit as ?Held in Trust?) from Estate Account and as of this date no reason whatsoever has been given for the issuance of this draft. Furthermore, the undersigned and the Personal Representative have see no Order whatsoever which would authorize such action. The undersigned has requested, multiple times, an explanation for this action, and no response whatsoever has been given. See attached Exhibit Also on August 14, 2013, the Curator, ELIZABETH SAVITT, issued herself a draft in the amount of $13,000.00 (denoted on Exhibit as ?Held in Trust?) from Estate Account As with the ?rst August 14, 2013 withdrawal, no reason or explanation whatsoever has been given for the issuance of this draft, no discussion of this action was made with the Personal Representative, and no Order of the Court authorized such action by the Curator. Finally, on August 22, 2013, the Curator, ELIZABETH SAVITT, issued a draft to her counsel, SHERI HAZELTINE, ESQ., in the amount of $10,000.00 (denoted on Exhibit as ?Held in Trust?) from Estate Account As with the other two (2) August 14, 2013 drafts referenced above, despite repeated requests by the undersigned for an explanation for this action, no response or explanation has been given to date for this payment. The foregoing actions in and of themselves fall within the text-book legal de?nition of conversion. Yet, these amounts withdrawn and ?held in trust? were not even mentioned within Ms. Savitt?s present Petition for Payment of Fees and Costs! Inconceivably, she has allegedly withdrawn $20,000.00 from the estate?s accounts to be ?held in trust? for an unknown reason, asked for payment of $55,222.60, and has In re Estate of Helen M. 0?Grady Case No.: 5 22. 23. 24. 25. never even mentioned in connection with such Petition that she previously took $20,000.00 from the estate without Court Order for an as of yet undisclosed reason. As to a discussion of the complexity or simplicity of the administration and the novelty of the issues presented, there really is no question that, in light of the nature of the estate assets and the issues presented, this was, is, and ultimately will be a relatively simple estate for administration purposes. As to a review of the Curator?s participation in tax planning for the estate and the estate?s bene?ciaries and in tax return preparation, review, or approval, the undersigned and Personal Representative are unaware of any such actions by the Curator. Ira Goldfarb, a local C.P.A., handled all tax related matters for Helen M. O?Grady during her life, and has been prepared to handle any necessary tax ?lings or issues on behalf of the estate. As of the present, Mr. Goldfarb has obtained an extension of the ?lings necessary to address the 2012 tax liabilities (if any) of the estate. It appears that the Curator?s involvement in this issue amounts to nothing more than a conversation or conversations with Mr. Goldfarb, and payment, of a $200.00 retainer to him to address future necessary tax ?lings. As to a consideration of the nature of the probate, nonprobate, and exempt assets, the expenses of administration, the liabilities of the decedent, and the compensation paid to other professionals and ?duciaries, again, this for all intents and purposes is a relatively straightforward estate for administration purposes. The estate consisted of l) a parcel of real property which, pursuant to the terms of the subject will, was divested of its prior homestead status by direction of the decedent; 2) stock certi?cates maintained in a Court-established restricted depository institution and with Computershare (an internet-based trading/holding company); 3) on-hand cash; and 4) varied items of personal property with no discernible or direct value to the estate. There has been no complexity/complexities in the handling of these assets to date, and it is not expected that there will ultimately be any real dif?culty in completing a ?nal administration of the estate and distribution of these assets through the efforts of the Personal Representative. Finally, other relevant factors to be considered would be actual statements made by the Curator to the bene?ciaries, and by counsel of the Curator to this Court, regarding the ultimate ?cost savings bene?t? of having Ms. Savitt act as Curator rather than another Court appointed party. By review of Exhibit attached hereto, Ms. Savitt previously communicated ex-parte with the bene?ciaries and urged them to allow her to handle certain items which would have fallen within the purview of an appointed Curator or Personal Representative under the guise of providing a bene?t to the estate . and bene?ciaries by avoiding excessive fees which would be incurred by the appointment of a Curator. Speci?cally, Ms. Savitt informed the parties that appointment of a local attorney as Curator could cost upwards of $45,000.00, and asked the bene?ciaries ?Why would you want that?? At the hearing in which she was actually appointed as Curator, Ms. Savitt?s counsel lobbied for her client?s appointment as Curator, telling the Court that it would ultimately be of the greatest cost bene?t to the estate to allow Ms. Savitt to act as Curator and continue what she had already been doing as Guardian of the deceased ward. Only after her In re Estate of Helen M. 0?Grady Case N0.: 5 26. 27. 28. 29. appointment did Ms. Savitt a) unilaterally double her hourly billing rate (See? Exhibit and then b) seek to wholly abandon an hourly billing schedule altogether in favor of a requested ?at fee of $55,222.60 (see Exhibit In the eyes of the Personal Representative this amounts to a disingenuous proffer and request by the Curator. How, given her duties and responsibilities to the bene?ciaries and the estate can she honestly on the one hand have claimed that her appointment to handle interim administration duties or Court appointed tasks would save money for the estate, and then now on the other hand claim to be entitled to a fee far in excess of what she previously billed, and even in excess of the ?Curator?s fee? she bandied about in her prior ex-parte correspondence to the bene?ciaries? Stated plainly, the undersigned and the Personal Representative cannot fathom how the Curator, as a ?duciary of the estate, can honestly claim that she believes that she was previously entitled (as of July 16, 2013) to payment of $6,624.10 as compensation for all services rendered from March 20, 2013 through July 10, 2013, and then at the same time subsequently allege that she is now entitled to an additional $48,598.50 for any services rendered from July 11, 2013 through September 2, 2013 It is the Personal Representative?s position that the foregoing shows this recently ?led Petition for what it in fact really is: A last minute attempt to seek as much of a bene?t as is possible for being appointed as Curator of the estate. In light of the foregoing, Ms. Savitt?s Petition must be denied, and any fees deemed payable to Ms. Savitt must be calculated appropriated based upon considerations of reasonableness and the actual services rendered to the bene?t of the estate. WHEREFORE THOMAS H. MAYES, as Personal Representative of the estate of Helen M. O?Grady and as a bene?ciary of the estate of Helen M. O?Grady, hereby requests that this honorable Court enter an Order DENYING the Petition for Fees and Costs ?led by ELIZABETH SAVITT on or about September 2, 2013, holding a hearing to determine those costs and fees which the estate has incurred in connection with the ?ling and prosecution of the subject Objection and holding ELIZABETH SAVITT responsible to the estate for such sum, and granting such other and further relief as this Court may deem just and proper VERIFICATION OF PETITIONER Under penalties of perjury I declare that I have read the foregoing and the facts alleged are true to the best of my knowledge and belief. Executed this 3% day of September, 2013. (744.9% MAS H. MAYES, as: 3/ etitioner, Personal Representative, and Bene?ciary CERTIFICATE OF SERVICE In re Estate of Helen M. O?Grady Case No.: 5 I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via email to: Sheri Hazeltine, Esq. (counsel for Curator, Elizabeth Savitt) 800 Palm Trail Plaza, Suite 3, Delray Beach, Florida 33483 [sheri@hazeltinelaw.com; via e-mail to: Stephanie J. Chambers, 1008 Arbor Meadows, Derby, Kansas 67037 [schambers6l@cox.netl; via e-mail to: Kathleen M. Osterbuhr, 1300 Cresthill, Derby, Kansas 67037 and via e-mail to Daniel Mayes, 3742 NW 5th Ave., Boca Raton, FL 33431 [whodawatda@hotmail.com] on this 12th day of September, 2013. I furthermore certify that Formal Notice of the ?ling of this Petition has been served on all parties named above, with proof of formal notice to timely be ?led with this Court. By: Andrew Schwartz, Esq. Attorney for Petitioner Counter-Respondent Personal Representative Andrew M. Schwartz, Esq. Florida Bar No.: 821802 ams@amslaw.biz Christopher S. Salivar, Esq. Florida Bar No.: 0057031 cs@amslaw.biz Andrew M. Schwartz, PA. 101 Plaza Real South, Suite 218 Boca Raton, Florida 33432 Telephone (561) 347-6767 Secondary e-mail addresses: receptionist@amslaw.biz In re Estate of Helen M. O?Grady Case No.: 5 EXHIBIT IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: THE ESTATE OF Probate Division . - HELEN M. Case No. (IX) (Previoush proceeding in Division 12, but Deceased, trans?rred to Division byway of an - Order ofthis Court datedJanuary 3'1, 2013) THOMAS H. MAYES Petitioner/Counter-Respondent, it . V. 'il'ii? .7. 1.: Erma; RONALD O. MAYES, Respondent/Counter-Petitioner, and DANIEL MAYES, Respondent. . . ORDER APPROVING MEDIATIQN SETTLEMENT AQREEM THIS CAUSE, having come to be considered before this Court on the Parties submission for in camera inspection of a con?dential Mediation Settlement Agreement, and the Court having . . reviewed same and being otherwise duly advised in the premises, HSVEQ "1?65 EWH-HSRVEQ A13 HIHOS $2 224*- IT IS HEREUPON ORDERED AND ADJUDGED as folloWsThe Parties? Mediation Settlement Agreement dated I is hereby approved by this Court. 2. All parties?obligated to take action pursuant to the Mediation Settlement Agreement are hereby authorized to take such action. 3. Within ?ve (5) days of the entry of this Order, RONALD O. MAYES shall ?le a Notice of Voluntary Dismissalwith Prejudice of all claims which he has and which are pending in this action. 4. Within ?ve (5) days of the entry of this Order, all parties to this action shall execute the General Releases which shall immediately hereafter be circulated by Andrew M. Schwartz, P.A. Elizabeth Savitt, as Curator of the Estate and Guardian for the. property of the decedent, is hereby authorized to immediately take such action as is necessary to comply with all payment obligations imposed upon her by the Mediation Settlement Agreement dated 5371M I, .213 6. By way of this Order, the May 19, 2010 will submitted by THOMAS H. MAYES and - - referenced within the Petition for Administration ?led on June 26, 2012 is hereby -- admitted to probate. - . 3 7777 .7. By way of this Order, THOMAS H. MAYES is hereby appointed Personal . Representative of the Estate of Helen M. O?Grady, to serve in such capacity and .- . .- - .. .. .. Case No. (1X) [age 2 052 exercise such powers as are authorized by Florida law. Letters of Administration shall hereafter immediately be issued to THOMAS H. MAYES as Personal 5 . Representative of the Estate of Helen M. O?Grady. I 8. Within ?ve (5) days of the entry of this Order, THOMAS H. MAYES shall ?le his Oath of Personal Representative and Designation and Acceptance of Resident Agent. 9. ~Within days of the entry of this Order, Elizabeth Savitt, as Curator of the Estate and Guardian for the property of the decedent, shall ?le her Petition for Discharge and Final Accounting. 17.4772 I n. (Lamar ?5 .. Kart/m/ 72?. ?aw. I c?m I . mm?; 6? . '73" ?lo/3m! A?w?mew '22, (gf??r . s? 7w by min/me 4/43 . 73? 77?- f; ,wbwame 6m? 41.4%) IT IS SO DONE AND ORDERED, in Chambers at Pal Beach Coun Florida, this 1L day of July, 2013. Jar-tau I-na?eey certify that the am is a true copy lam ottlco. - Jami Huber, Esq. Jami L. Huber, P.A., (Counsel for Ronald O. Mayes), 2101 NW Corporate Boulevard, Suite 400, Boca Raton, Florida 33431 - Jordan R. Hammer, Esq., (counsel for Daniel Mayes), Clark Skatoff, 2925 PGA Boulevard, Suite . 103, Palm Beach Gardens, Florida 33410 Sheri Hazeltine, Esq. (counsel for Guardian, Elizabeth Savitt) 800 Palm Trail Plaza, Suite 3, Delmy Beach, Florida 33483 Stephanie J. Chambers, 1008 Arbor Meadows, Derby, Kansas 67037 - Kathleen M. Osterbuhr, 1300 CreSthill, Derby, Kansas 67037 '7 .. Alia herd/x Auger/Zea NZ Mt? 4'l?f72. 12? we 55am" ma 7) 4%]er 5'24me? [7y Arr/rev W?ng/r/?wa/v 7g {1273774 Hx?. {7b f/a/Z S??fif?'?f?m [2a. 5a., wet/3g?wjn, wI/lm Tao/10') 4% 742? ref/caravan; arm 73.0 . KW I k. EXHIBIT IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT I IN AND FOR PALM BEACH COUNTY, FLORIDA Probate Division .INRE: THE ESTATE OF .. HELEN M. Case No. (IX) . (Previously proceeding in Division 12, ?but Deceased, transferred to Division LY _by way of an . Order of this Court dated January 31, 2013) THOMAS H. MAYES . Petitioner/Counter-Respondent, :23 C. RONALD o. .95 and DANIEL MAYES, Respondent. . gig" :3 LETTERS OF ADMINISTRATION . 31? I. CD TO ALL WHOM IT MAY CONCERN a resident of Boca Raton, Palm Beach County, Florida, - WHEREAS, Helen M. O?Grady died on May 29, 2013, owning assets in the State of Florida, and .. WHEREAS, THOMAS H. MAYES, has been appointed personal representative of the estate of the decedent and has performed all acts prerequisite to issuance of Letters of Administration in the estate, I NOW, THEREFORE, I, the undersigned Circuit Judge, declare THOMAS H. MAYES, to be duly quali?ed under the laws of the State of Florida to act as personal representative of the estate of Helen M. O?Grady, deceased, with full power to administer the estate according to law; to ask, demand, sue for, recover, and receive the property of the decedent; to pay the debts of the decedent as far as theassets of the estate will permit and the law directs; and to make distribution of the estate according to the law. . . flu ?2 291's? ORDERED on this a day of t' . f:Emuyuemlyt?natt?elomgomgn copyasrecor myo . . samels m1 . - . rx 15"" 1? JUDGE EDWARD A. GARRISON Case No. sozorchomosme (TX) Ij'age 1 of2 .. i- . Jordan R. Hammer, Esq., (counsel for Dan I Palm Beach Gardens, Florida 33410 Sheri Hazeltlne, Esq. (counsel for Guardian, Elizabeth Savitt) 800 Palm Trail Plaza, Suite 3, Delray Beach, Florida 33483 Stephanie J. Chambers, 1008 ArborMeadows, Derby, Kansas 67037 Kathleen M. Osterbuhr, 1300 Cresthill, Derby, Kansas 67037 Case No. (n9 Page 2 of2 iel Mayes), Clark Skato?; RA. 2925 PGA Boulevard, Suite 103, EXHIBIT -rlv 1:1- 1 I 2 i u. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA . - - PROBATE DIVISION: 1v . - FileNo: 5020120P002908mrxs3; IN RE: THE ESTATE OF HELEN M. Deceased . . ORDER 0N PETITION FOR APPOINTMENT OF CURATOR THIS MATTER having, come before the Court on March 19, 2013 on Daniel .W. Maye?s Petition forAppointment of Curator and the Court ha'vingheard argument. of counsel and being otherWise ?illy advised in the premises, it is hereby: ORDERED and ADJUDGED that the Petition for Appointment of Curator is GRANTED. That is appointed as Curator of the estate, and. shall serve without bond. The curator is authorized to ask, demand, sue for, recover and receive- the propertp of the'decedent; to pay the debts of the decedent as far as the: assets of the estate will permit .and the law directs; and to make distribution 01" the. estate.- The curator shall tile a designation of resident ?agent and oath\Up_on such ?ling, letters of curatorship shall issue. - . .- Wt?mw?; . -. DONE and ORDERED 1n Chambers in . ach, alm Beach County, Elonda this . . dward Garrison Circuit Court Judge? Copies furnished to: . Jordan R. Hammer, Esq. Andrew Schwartz, Esq. Jami Huber, Esq. Sheri Hazeltine, Esq. Stephanie Chambers . Kathleen Osterbuhr EXHIBIT IN THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA INRB: ESTATE OF FILE NO.: HELEN DIVISION: Probate . Deceased. 1 PETITION FOR ORDER AUTHORIZING PAYMENT 0F COMPENSATIONAND EXPENSES OF CQMTOR ELIZABETH SAVITT COMES New, ELIZABETH SAVITT, by and through her attorney, SHERI L. HAZELTINE, ESQ, and hereby submits this petition for order authorizing payment of compensation and expenses of the curator of the estate of Helen O'Grady. The grounds for this petition are as follows: i 1. Petitioner, ELIZABETH SAVITT, was appointed by the court as the emergency temporary guardian of the personand property of HELEN (the now-deceased Ward) on January 11, 2012 and appointed as the permanent plenary guardian of the person and property on April 2, 2012. 2. Helen O'Grady passed away on May 29, 2012, was domiciled in Palm Beach County, Florida, and was survived by one or more lineal descendants. The guardian of - the estate, MsiSavitt, was appointed curator of the estate on. March 26, 2013. 3. The total amounts of prior fees paid or costs previously awarded to petitioner in this proceeding as curator are: . Fees: $0 CoSts: $10 4. Petitioner, ELIZABETH SAVITT, has rendered services as curator of the estate and incurred expenses from March 20, 2013 to July 10, 2013, as more fully -. mpEl?n . . Savitt Guardians 4101 Satin LeafCt. Delray Beach FL 33445 Phone: 561-573-1292 Fax: 561496-1559 Estate of Helen O?Grad . Invoice Date: June 17,2013 Invoice Number: 10020 Invoice Amount: $5,669.10 Matter: Curator of Estate Curator Fees 3/20/2013 Sign and discuss documents at Hazeltine .of?ce,. E.S. .50 $75.00 3/21/2013 Responc'e to emails from Hazeltine/ Schlatter and E.S. - .50 $75.00 Salivar, ?ling documents. I 3/21/2013 Meeting with S. Hazeltine to discuss curatorship. E.S. .50 $75.00 3/29/2013 Travel to court house to get original documents; E.S. .20 $30.00 4/2/2013 Read and respond to e-mails from Jami Huber re: E.S. . .50 $75.00 lg sale of stock and estate values. Filing and inventory work. T.C. to S. Haze?ltine re: getting signed letters. 4/5/2013 E-mail to Hazeltine for petition to establish E.S. .20 $30.00 4 . homestead property and sale. 4/5/2013 Work on inventory and tax preparation. E.S. 2.20 $330.00 4/5/2013 Email to Sheri Hazeltine re: petitions for sale of E.S. . .30 $45.00 home and early distributions. E-mail to Morgan Stanley for accounting and questions. Payments sent 1 . in today. 1 4/7/2013 - Veri?ed Inventory work continued I E.S. .40 $60.00 . 4/8/2013 - Travel to PNC Bank to close out account and E.S. 1.00 $150.00 transfer assets to Curator account at Wells Fargo. 4/8/2013 T.C. Wells Fargo re: Kraft and Mondelese 1099's E.S. .50 $75.00 and Obtaining documents for Curator. - 4/10/2013 T.C. PNC Bank documents ready. Picked up at E.S. .50 $75.00 bank. - 4/10/2013 T.C. (2) to Wells Fargo. Scan Letters and Orders of E.S. .60 $90.00 . Curator to bank. . 4/11/2013 E-mail to S. Hazeltine re: distribution and sale of E.S. .30 $45.00 Homestead property not in estate. - . . 4/12/2013 Meet realtor at O'Grady home. Discuss condition of E.S. 1.50 $225.00 home with Dan. Discuss pricing with realtor. Look over compara'bles. . . 3 4/15/2013 4/17/2013 4/19/2013 . 5/2/2013 5/6/2013 5/13/2013 5/ 13/2013 5/ 14/2013 5/ 14/2013 5/ 15/2013 5/16/2013 5/19/2013 5/21/2013 5/23/201 3 5/28/2013 5/29/2013 5/31/2013 E-mail S. Hazeltine re: meeting at O'Grady home. T.C. Realtor, e-mail previous estimates. Veri?ed Inventory ?nalization. T.C. Tom O'Grady for veri?cation of disbursements. T.C. Fiist Choice Credit Union. T.C. Morgan Stanley for Mondelez totals. Obtain stock prices. Copy all statements and con?rm dates. E-mail to Sheri Hazeltine re: billing at the Boca Raton home. Work on pleading for listing and selling home, and inspection. Reply to e-mails from S. Hazeltine re: scheduling of hearings. E-mail and telephone to Hazeltine of?ce re: UMC setfor Tuesday on Motion to inspect home and list for sale. a . Send taxpayer Id forms to Wells Fargo, billing and ?ling forms to Shareholder Services re: accounts. Read e-mail answers ?'om attorney. Compose .e-mail to family members re: estate home. Review correspondence from attomey Hazeltine re: petitions concerning the home, depositions, mediation. T.C. Teny Rasmussen at Morgan Stanley, re: statements. . T.C. to Wells Fargo shareholder services. Fill out forms from Wells Fargo holding company for stock power." Sending: orders of curator, 4 stock power forms, and original stock certi?cate insured for 2% of value and traceable postage, voided check for Estate of Helen O?Grady, request for ?nancial con?rmation statements of both accounts, account authorization forms. Travel to Wells Fargo for Medallion signature stamps, and post all. Read and respond to E-mail ?'om Sheri Hazeltine re: June 19th special set hearing on Boca Raton Home. I T.C. to Computershare re: stock certi?cate. Compose letter of instruction, download fonns'. Travel to Wells Fargo for veri?cation and medallion stamp. Mail package with court orders, stamped forms, blank check, and instructions, insurance and return card to Computershare. - T.C. S. Hazeltine re: Review request ?om J.Huber for HIPAA signatures sent from S. Hazeltine. Receive letter from Computershare, travel to Wells' Fargo for additional bank stamp needed. . Receive additional forms from Wells Fargo, travel to bank for additional medallion stamp. Send all mail back. . Furnish Billing for Home to S. Hazeltine for Petition 4 . E.S. E.S. E.S. E.S. E.S. E.S. as. E.S. E.S. E.S. - 1 ES. E.S. ES. E.S. ES. B.S. ES. .20 .40 6.50 .20 .50 .30 .50. .50 p.50. .20 2.80 .20 1.00 .20 .60 -.60 .40 1 $30.00 $60.00 $975.00 $30.00 $75.00 $45.00 $75.00. $75.00 $75.00 $30.00 $420.00 - $30.00 $150.00 $30.00 $90.00 $90.00 $60.00 5/31/2013 5/31/2013 6/5/2013 6/11/2013 SUBTOTAL: Costs 5/18/2013 5/21/2013 - SUBTOTAL: for instructions. Signed HIPAA forms for Ron O'Grady. - E.S. Received mail and ?ling. E.S. Furnish information on Helen requested by Jami E.S. Huber. 1 . Mediation ES. Postage for stock forms and 2% insurance for Stock Certi?cate. I Postage for Computershare plus insurance. .30 $45.00 - .30 $45.00 - .15 $22.50 11.00 $1,650.00 37.05 $5,557.50 $67.30 $44.30 $1 1 1.60 TOTAL: $5,669.10 PREVIOUS BALANCE DUE: $0.00. CURRENT BALANCE DUE AND owmo: $5,669.10 SavittGuardians . 4101' Satin LeafCt. Delray Beach FL 33445 Phone: 561-573-1292 I Fax: 561-496-1559 Account Statement Prepared for Estate of Helen O'Grady Re: Curator ofEstate Previous Invoice Amount Last Payment Received Previous Balance . Current Charges Total Due $5,669. 10 $000 $5,669. I 0 $1,005.00 $6,674. 10 Savitt Guardians 4101 Satin LeafCt. Delray Beach FL 33445 Phone: 561-573-1292 Fax: 561-496-1559 Estate ofHelen O'Grad . Invoice Date: July 10, 2013 Invoice Number: 10023 Invoice Amount: $1,005.00 Matter: Curator of Estate 6/19/2013 T.C. Sheri Hazeltine re: settlement agreement and ES. .30 $45.00 - hearing today. Email and receive e-mail re: same. Discuss 10 day time frame for completion. Setting for UMC on 6/27. . 6/ 19/2013 Review e-mails concerning settlement. ES. .20 $30.00 6/19/2013 Print and send payment to Mediator less Ron Mayes ES. .10 $15.00 share. . . 6/21/2013 - Receive and review agreement. E-mail to S. E.S. .50 - $75.00 . Hazeltine with additions. 6/24/2013 e-Mail to S. Hazeltine re: agreement. ES. .20 $30.00 6/27/2013 Read and respond to e-mails re: agreement ES. .40 $60.00 7/2/2013 Read and respond to emails re: Having payment ES. .60 $90.00 - - ready for the July 1 1th deadline, and hearing date. . . Review agreement and respond. . 7/4/2013 E-mail response to Hazeltine re: settlement ES. .20 $30.00 . agreement 7/5/2013 T.C. Morgan Stanley, execute trade of Phillip Monis ES. .40 $60.00 I for payment to Ron Mayes on July 11. 1,145 shares 87.7577. Discuss timing of future trading, to raise funds. . . 7/8/2013 Reading of letters from Kathleen and Stephanie ES. .30 . $45.00 objecting to Global Settlement. - 7/9/2013 Prepare answer to letters, review agreement for ES. .40 $60.00 meeting with S. Hazeltine. 7/10/2013 Receive and read through emails on status of the ES. 1.00 I $150.00 home. T.C. Morgan Stanley re: statements and - payments. Prepare for hearing. 7/ 10/2013 T.C. S. Hazeltine re: hearing for settlement. ES. .70 $105.00 7/10/2013 T.C. Computerserve re; account statements not ES. .40 $60.00 7 received. 7/10/2013 Attend settlement hearing SUBTOTAL: Costs SUBTOTAL: . E.S. . 1.00 $150.00 6.70 $1,005.00 $0.00 . TOTAL: $1,005.00 PREVIOUS BALANCE DUB: $5,669.10 CURRENT BALANCE DUE AND OWING: $6,674.10 . CERTIFICATE I hereby certify that a true copy of this Petition for Qder Pament of om ensatio? and Ex enses of Curator with attached Exhibit A, copy of invoices for M. Curator's fees and expenses from Elizabeth Savitt, was served via E-Service on this ?H-th day of July, 2013 to the parties, attorneys, and/or persons of interested on the attached Service List. KM, offal?; S?ei'i L. Hazeltine, Esq. Florida Bar No. 0674567 ?1 mm 1? gl? ?uz' I. ?131: N. v.3; . =3 I EXHIBIT IN THE CIRCUIT COURT FOR THE IF JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: ESTATE or FILE NO.: HELEN DIVISION: Probate .Deceased. . PETITION FOR ORDER AUTEOMZIN PAYMENT OF COMPENSATIONAND EXPENSES OF MTOR ELIZABETH COMES Now, ELIZABETH SAVITT, by and through her attorney, SHERI L. HAZELTINE, ESQ., and hereby submits this petition for order authorizing payment of compensation and expenses of the curator of the estate of Helen O'Grady. The grounds for this petition are as follows: I I 1. Petitioner, ELIZABETH was appointed by the court as the emergency temporary guardian of the personand property of HELEN (the nary-deceased Ward) on January 11, 2012 and appointed as the permanent plenary guardian of the person and property on April 2, 20,12. 1 i 2. Helen O'Grady passed away on May 29, 2012, was domiciled in Palm Beach County, Florida, and was survived by one or more lineal descendants. The guardian of the estate, Ms. 1 Sayitt, was appointed curator ot? tlie estate on. March 26, 2013. 3. The total amounts of all prior fees paid or costs previously awarded to . petitioner in this proceeding as curator are: I Feeszi $0 . Co?sts: $0 . 4. Petitioner, ELIZABETH has rendered services as curator of the estate and incurred expenses from March 20, 2013 to July 10, 2013, as more fully .. A m? ?x . .. . haw: an?. . I Savitt Guardians 4101 SatinLeafCt. . Delray Beach FL 33445 . Phone: 561~573~l292 Fax: 561-496-1559 Estate of Helen O'Grady . Invoice Date: June 17, 2013 Invoice Number: 10020 Invoice Amount: $5,669.10 Matter: Curator of Estate Curator Fees 3/20/2013 Sign and discuss documents at Hazeltine .of?ce,. ES. .50 $75.00 3/21/20] 3 Responce to emails from Hazeltine/ Schlatter and ES. .50 $75.00 Salivar, ?ling documents. 3/21/2013 Meeting with S. Hazeltine to discuss curatorship. - . E.S. .50 $75.00 3/29/2013 Travel to court house to get original documents. ES. .20 $30.00 4/2/2013 Read and respond to e-mails ?om Jami Huber re: E.S. . .50 $75.00 sale of stock and estate values. Filing and inventory work. T.C. to S. Haze'ltine re: getting signed letters; 4/5/2013 E?mail to Hazeltine for petition to establish ES. .20 $30.00 . homestead preperty and sale. 4/5/2013 Work on inventory and tax preparation. E.S. 2.20 $330.00 4/5/2013 E-mail to Sheri Hazeltine re: petitions for sale of BS. . .30 $45.00 home and early distributions. E-mail to Morgan Stanley for accounting and questions. Payments sent in today. - 4/7/2013 . Veri?ed Inventory work continued E.S. .40 $60.00 4/8/2013 . Travel to PNC Bank to close out account and . ES. 1.00 $150.00 transfer assets to Curator account at Wells Fargo. . 4/8/2013 T.C. Wells Fargo re: Kraft and Mondelesc 1099's ES. .50 $75.00 and Obtaining documents for Curator. . 4/10/2013 T.C. PNC Bank documents ready. Picked up at ES. .50 $75.00 bank. - 4/10/2013 T.C. (2) to Wells Fargo. Scan Letters and Orders of BS. .60 $90.00 . Curator- to bank. 4 . 4/11/2013 E-mail to S. Hazeltine re: distribution and sale of . ES. .310 $45.00 Homestead property not in estate. a . - 4 4/12/2013 Meet realtor at O'Grady home. Discuss condition of E.S. 1.50 $225.00 home with Dan. Discuss pricing with realtor. Look over compara'bles. 4/ 15/2013 4/17/2013 4/19/2013 .5/2/2013 5/6/2013 5/13/2013. -5/13/2013 5/14/2013 5/14/2013 5/15/2013 5/16/2013 5/19/2013 1 5/21/2013 5/23/2013 5/28/2013 - 5/29/2013 5/31/2013 E-mail S. Hazeltine re: meeting at O'Grady home. T.C. Realtor, e-mail previous estimates. Veri?ed Inventory ?nalization. T.C. Tom O'Grady for veri?cation of disbursements. T.C. First Choice Credit Union. T.C. Morgan Stanley for Mondelez totals. Obtain stock prices. Copy all statements and con?rm dates. E-mail to Sheri Hazeltine re: billing at the Boca Raton home. . Work on pleading for listing and selling home, and inspection. Reply to e-mails from S. Hazeltine re: scheduling of hearings. E?mail and telephone to- Hazeltine of?ce re: UMC I setfor Tuesday on Motion to inspect home and list 'for sale. Send taxpayer Id forms to Wells Fargo, billing and ?ling forms to Shareholder Services re: accounts. Read email answers from attorney. Compose e-mail . to family members re: estate home. Review cOrrespondence from attorney Hazeltine re: petitions concerning the home, depositions, mediation. T.C. Terry Rasmussen at Morgan Stanley, re: statements. . T.C. to Wells Fargo shareholder services. Fill out forms ?'om Wells Fargo holding company for stock power. Sending: orders of curator, 4 stock power forms, and original stock certi?cate insured for 2% of value and traceable postage, voided check for Estate of Helen O'Grady, request for ?nancial con?rmation statements of both accounts, account authorization forms. Travel to Wells Fargo for Medallion signature stamps, and post all. . Read and respond to E-mail from Sheri Hazeltine re: June 19th special set hearing on Boca Raton Home. I T.C. to Computershare re: stock certi?cate. Compose letter of instruction, downlOad forms. Travel to Wells Fargo for veri?cation and medallion stamp. Mail package with court orders, stamped forms, blankcheck, and instructions, insurance and return card to Computershare. T.C. S. Hazeltine re: Review request from J.Huber for HIPAA signatures sent ?'om S. Hazeltine. Receive letter from Computershare, travel to Wells Fargo for additional bank stamp needed. . Receive additional forms ?'om Wells Fargo, travel to bank for additional medallion stamp. Send all mail back. . Furnish Billing for Home to S. Hazeltine. for Petition 4 . E.S. E.S. E.S. ES. E.S. E.S. E.S. E.S. E.S. as. E.S. ES. E.S. - E.S. ES. E.S. ES. .20 .40 6.50 .20 .50 .30 '1 .50. . .50 ,50. .20 2.80 .20 1.$30.00 $60.00 $975.00 $30.00 $75.00 $45.00 $75.00 $75.00 $75.00 - $30.00 $420.00 $30.00 $150.00 $30.00 $90.00 $90.00 $60.00 m: II ii?l?l??li'" 5/31/2013 . 5/31/2013 6/5/2013 6/11/2013 SUBTOTAL: Costs 5/18/2013 5/21/2013 3 SUBTOTAL: for instructions. Signed HIPAA forms for Ron O'Grady. - E.S. Received mail and ?ling. E.S. Furnish information on Helen requested by Jami E.S. Huber. I . Mediation E.S. Postage for stock forms and 2% insurance for Stock Certi?cate. . Postage for Computershare plus insurance. .30 $45.00 - .30 $45.00, - .15 $22.50 11.00 $1,650.00 37.05 $5,557.50 $67.30 . $44.30 $111.60 TOTAL: $5,669.10 PREVIOUS BALANCE DUB: $0.00 CURRENT BALANCE DUE AND OWING: $5,669.10 I SavittGuardianS . 4101' Satin LeafCt. Delray Beach FL 33445 Phone: 561-573-1292 Fax: 561-496-1559 Account Statement Prepared for Estate of Helen O'Grady Re: Curator ofEstate Previous Invoice Amount Last Payment Received Previous Balance - Current Charges Total Due $5,669. 10 $0.00 $5,669.10 $1,005.00 $6,674.10 Savitt Guardians 4101 Satin Leaf Ct. Delray Beach FL 33445 Phone: 561-573-1292 I Fax: 561-496-1559 7 Estate of Helen O'Grady Invoice Date: July 10, 2013 Invoice Number: 10023 Invoice Amount: $1,005.00 Matter: Curator of Estate . 6/19/2013 T.C. Sheri Hazeltine re: settlement agreement and ES. .30 $45.00 hearing today. E-mail and receive e-mail re: same. Discuss 10 day time ?ame-for completion. Setting for UMC on 6/27. . 6/19/2013 Review e-mails concerning settlement. ES. .20 $30.00 6/ 19/2013 Print and send payment to Mediator less Ron Mayes ES. .10 . $15.00 4 share. . a 1 6/21/2013 - Receive and review agreement. E-mail to S. E.S. - .50 $75.00 . Hazeltine with additions. 6/24/2013 e-Mail to S. Hazeltine re: agreement. ES. .20 $30.00 6/27/2013 Read and respond to e-mails re: agreement ES. .40 $60.00 7/2/2013 Read and respond to emails re: Having payment ES. .60 $90.00 - ready "for the July 1 1th deadline, and hearing date. - . Review agreement and respond. A - 7/4/2013 E-mail response to Hazeltine re: settlement ES. .20 $30.00 . . agreement - 7/5/2013 T.C. Morgan Stanley, execute trade of Phillip Morris E.S. . .40 $60.00 for payment to Ron Mayes on July 11. 1,145 shares 87.7577. Discuss timing-of future trading, to raise funds. . . 7/8/2013 Reading of letters from Kathleen and Stephanie ES. .30 $45.00 I objecting to Global Settlement. - 7/9/2013 Prepare answer to letters, review agreement for ES. .40 $60.00 meeting with S. Hazeltine. - . 7/10/2013 Receive and read through e-mails on status of the ES. 1.00 $150.00 home. T.C. Morgan Stanley re: statements and payments. Prepare for hearing. . 7/1_0/2013 T.C. S. Hazeltine re: hearing for settlement. . ES. .70 $105.00 7/10/2013 T.C. Computerserve re; account statements not ES. .40 .6 $60.00 I received. . . 1.00 $150.00 7/10/2013 Attend settlement hearing I . ES. SUBTOTAL: 6.70 $1,005.00 Costs SUBTOTAL: $0.00 TOTAL: $1,005.00 PREVIOUS BALANCE DUE: $5,669.10 CURRENT BALANCE DUE AND OWING: $6,674.10 CERTIFICATE hereby certify that a true copy of this Petition for ?der Authorizing Payment of Com cnsation and Ex enses of Curator with attached Exhibit A copy of invoices for Curator's fees and expenses ?'om Elizabeth Savitt, was served via E-Service on this 'l?l-th '7 day of July, 2013 to the parties, attorneys, and/or persons of interested on the attached Service List. By: Sheii Hazeltinc, Esq. Florida Bar No. 0674567 I W?fll?f?iiwli?' .. . . I 2. :l .. EXHIBIT . .. .. u. u. . .. . IN RE: ESTATE OF Erh.bu'tC I IN THE CIRCUIT COURT OF THE IFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA .- DIVISION: 1x HELEN M. CASE NO. PETITION FOR CURATOR ELIZABEIIJ FEES AND COSTS Petitioner, ELIZABETH the Curator, by and throughher attorney, SHERI L. HAZELTINB, ESQ, ?les this Petition for Curator Fees and Costs, and states as follows: 1.. On March 26, 2013 Elizabeth Savitt was appointed Curator of the estate by the Court. 2. The Curator has completed her, ?nal accounting and the estate is ready to be closed. 3. Even alter the Court recently appointed a personal representative of the estate, the Court ordered the Curator to continue to have concurrent authority of the estate until - further order. 4. FS 733.501(3) provides the Curator is entitled toreasonable compensation for her services and the Court may consider the provisions of FS 733.617 in determining the amount of said fee. 5. PS 733.617 provides that the masonable rate of compensation for personal representatives shall be based on the inventory value of the estate, plus income earned during administration determined at 3% (three percent) cf the ?rst million dollars and 2.5% (two and one-half percent). of the amount between $1 million dollars and $5 million dollars. The inventory value of this estate is $2,008,904 and as a result, the presumed reasonable fee for this Curator is $55,222.60. Wherefore for the foregoing reasons, it is respectfully requested that this 4 Honorable Court enter an Order awarding Elizabeth Savitt a Curator fee in the amount $55,222.60. .. liq amt; .. EXHIBIT IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA . .- IN RE: THE ESTATE OF Probate Division . - I A Case No. HELEN M. . Deceased .. .., THOMAS H. MAYES Petitioner/Counter?Respondent, v. I RONALD O. MAYES, Respondent/Counter-Petitioner, and DANIEL MAYES, Respondent. . THOMAS H. OBJECTION TO PETITION TO DETERMINE HOMESTEAD STATUS OF REAL PROPERTY AND NOTICE OF INTENT TO TAKE POSSESSION OF PROTECTED HOMESTEAD PROPERTY - .. The Petitioner/Counter-Respondent, THOMAS H. MAYES, by and through the undersigned counsel and in accordance with the Applicable Florida Probate Rules, hereby ?les this, the Objection to Curator?s Petition to Determine Homestead. Status of Real Property, and Objection to Notice of Intent to Take POssession of Protected Homestead Property, as follows: i i 1. on or about April 16, 2013, the Curator, Elizabeth Savitt, ?led and sent for service the Petition attached hereto?as Exhibit The Petitioner/Counter-Respondent served with, same via certi?ed US. Mail on or about April 24, 2013. 2. Thereby, the Curator is seeking: a. A determination that the parcel of real property at issue (witha physical address of 3742 NW 5th Ave., Boca Raton, FL 33431) is exempt homestead property of the decedent; In re Estate of Helen M. 0?Grady Case No.: 5 b. An Order directing the Curator to take immediate possession of said "parcel, order to protect same for the bene?t of the heirs or devisees of the decedent; c. An Order authorizing the Curator to sell said parcel of real property and to hold the proceeds of suCh sale in escrow; and i d. Order authorizing the curator to continue .in possession of the homestead property until such time as the present will contest is resolved. 3. For the reasOns set forth below, the Petitioner/Counter?Respondent objects to all relief prayed. for by the Curator in'the attached Petition. 4. As the Curator has well recognized, there is an active will contest proceeding before this Court. The Petitioner/Counter-Respondent has proffered a May 19, 2010 will executed by the decedent as I her true last will and testament, and the Respondent/Counter- Petitioner, Ronald Mayes, is contesting the validity of said will, and has instead proffered a will allegedly executed by the Decedent on July 1d, 1986 as decedent?s true last will and testament. 5. This will contest fundamentally precludes any grant of the relief requested by the Curator as the May 19, 2010 will contains the following clause pertaining to the par?el of real property at issue: I a. ?1 direct my personal. representative (or his successor) to sell. my homestead real property, currently known as 3742 NW. 5th Avenue, Boca Raton, FL 33431 (or any replacement homestead) as soon as may be practicable and the net proceeds of sale added to my residuary estate.? 6. The Courts of this State have that Where a decedent includes a prdvision such as that set forth above within his/her will, such provision acts to destroy any In re Estate of Helen M. O?Grady Case No.: .. . W. homestead protection or status the property previously enjoyed. ?See Knaa?le- v. Estate of - Knaa?le, 686 So.2d 631,, 632 (Fla. DCA 1996) (?In In re Estate of Price v} West Florida Hosp, Inc., 513 So.2d 767 .(Fla. DCA), pause dismissed, 518 So.2d 1274 (Fla.1987), we held that where a testator directs in her will that her homestead be sold I and the proceeds divided betv'veen her adult ?children, the proceeds lose their homestead . character and become subject to the claims of creditors. See also Elmowitz v. Estate of Zimmerman, 647 So.2d 1064 (Fla. 3d DCA 1994); cf. In re Estate of Tudhope, 595 So.2d 312 (Fla. 2d DCA 1992) (since homestead estate was not converted to dollars before it passed and vested in decedent's children as in Price, proceeds could not be reached by - creditors). Here, Decedent's will?specifically directed that her hemestead be sold and the proceeds placed in the residue for distribution along with her other assets. Because of this devise, the property lost its homestead character and, accordingly, became subject to the claim of Arbor Health Care?) (emphasis added); See also In re Estate of Hamel, 821 So.2d 1276, 1279 (Fla. 2d DCA 2002) (?Despite'the change in the constitutiOn, Florida courts have continued to hold thathomestead does not become a part of the probate estate unless a testamentary disposition is permitted and is made to - someone other than an heir, a person to whom the bene?t of homestead protection could not inure. Some opinions, however, have recognized that homestead property can become part of the probate estate in unusual circumstances. The best, and perhaps the only, recOgn?ized exception to the general rule occurs when the will speci?cally orders that the property be sold and the proceeds be divided among the heirs?) (internal citations omitted). In re Estate of Helen M. O?Grady Case No.: 7. Until such time as the matter of the will contest pertaining to the validity of the May 19, 2010 will proffered by the Petitioner/Counter?Respondent is resolved, a question which is key to the relief sought by the Curator will remain unanswered; whether or not the decedent speci?cally destroyed any homestead protections afforded to the subject parcel of real property upon the execution of the proffered May 19, 2010 will. Until such time as this question is resolved, the Curator cannot be granted the relief she presently requests. . Additionally, and again tied to the issue, of the present will contest, if this Court were to determine that the May ?19, 2010 will proffered'by the Petitioner/Counter-Respondent were invalid for some reason, and if this Court were to also determine that the prior February 8, 2010 will executed by the decedent were also invalid for some reason, the Court would then be. left to censider the validity of the proffered July 15, 1986 will, which contains the following provision: I i a. give all my residuary estate, being all real and personal. property wherever situated, in which I may have any interest at the time of my death not otherwise effectively disposed of to my ?ve children, to share and share alike.? . If the July 15, 1986 will were admitted to probate as the true last will and testament of the decedent, the inclusion of this provision will Would render the subject parcel of real- property protected homestead property, and same .would thereby not become part of the probate estate. In. such instance, the Curator would have no right whatsoever to take I possession of said parcel and sell same, whether or not the Curator intended to place the proceeds of such sale in escrow ?for the bene?t of the heirs or devisees? pending the resolution of this probate'proceeding. See In re Estate of Hamel, 821 So.2d 1276, 1279 In re Estate of Helen M. O?Grady Case (Fla. ?2d DCA 2002) (?Despite the change in the constitution, Florida courts have continued to hold that homestead does not become a part of the probate estate unless a I testamentary disposition is perrnitted and is made to someone other than an heir, a person to whom the bene?t of homestead protection could not inure.? See Clifton Cli??on, 553 So.2d 192, 194 3 (Fla. 5th DCA ?[h]omestead property, Whether devised or not, passes outside of the probate 10. In light of this, again the Curator cannot be granted the relief she seeks byway of the attached Petition. . WHEREFORE the THOMAS H. MAYES, respectfully requests that this honorable Courtenter an Order Denying'the Curator all relief She seeks by way of the attached Petition, and granting'the Petitioner/Counter-Respondent such other and further relief as this honorable Court deems just and proper. In re Estate ofHelen M. O?Grady Case No.: CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was electronically ?led and a true and correct copy of the foregoing was via email only this 9th day of May, 2013 upon: Jami Huber, Esq., Jami?L. Huber, RA, 2101 NW. Corporate Boulevard, Suite 400, Boca Raton, Florida 33431 jami@iamihuberlaw.com Slieri Hazeltine, Esq., Sheri. Hazeltine Associates, PA, 800 Palm Trail Plaza, Suite 3, Delray Beach, FL 33483 [sheri@ hazeltinelaw.com] (counsel for Betsy Savitt, appointed Guardian of Helen M. O?Grady); Jordan Hammer, Esq. and Jeff Skatoff, Esq., 2925 PGA Blvd., Suite 103, Palm Beach Gardens, FL 33410 ihammer@clarkskatof?com] (counsel for- Daniel W. Mayes); Stephanie J. Chambers, 1008 Arbor Meadows, Derby, Kansas 67037 and Kathleen Osterbuhr, 1300 Cresthill, Derby, Kansas 67037 [lgosterbuhrl @coxnet]. -. Andrew M. Schwartz, Esq. Attorney for Petitioner/Couhter?Respondent: Andrew M. Schwartz, Esq. Florida Bar No.: 821802 arns@amslaw.biz Christopher S. Salivar,Esq. Florida Bar No.: 0057031 Andrew M. Schwartz, PA. 101 Plaza Real South, Suite 218 Boca Raton, Florida 33432 Telephone (561) 347-6767 Secondary e?mail addresses: cm amslaw.biz receptionist@amslaw.biz In re Estate of Helen M. O?Grady Case 5 I IBIT 4 I 1 99 v.4. . . :12: :3 .. . - ?ama?I-Mms. . . . 4? ADAMMAA. numbAtz?ie??i'm? 93mm mtg-WW - . - Rams - .5 sigma-May: I 1? . The will directed that the property be sold "as soon as may be practicable. and the net proseeds of sale\added to my residuary estate". See Last Will and Testament of Helen I O'Grady signed May 19, 2010, page I, fourth paragraph. In addition, it named - . . I - THOMAS as the personal representative. Id at pg. 2, paragraph Finally, .the will purported to omit the decedent's son, RONALD MAYES, from the provisions of the will ?ofprior sums given to him. .Id. at paragraph 1. I I I 5. A second earlier will was ?led the court by RONALD on August 6, 2012. copy of Last Will and Testament of Helen Margaret I I I. O?Grady sighed July-15, 1986. 'l'hisearlier will includedanequal distribution to. A RONALD anddirected that the "residuary estate, being all real and personal property, wherever situated, in which I may have any interest at the time of my death not otherwise effectively disposed of to, my ?ve children, to share and share alike." . I 6. Neither will (both are copies) has been admitted and currently the five (5) children of the decedent locked in a dispute over which ofthe two wills is valid and whether RONALD MAYES will share in the ?nal distribution of the estate. I I 7. In the meantime the guardian of the estate, ELIZABETH SAVITT, was appointed the curator of the estate on 26, 2013. Mtg, copies of 9m and grder append ting Curator. . i 8. There is no dispute the Property constituted the homestead of the decedent I within the meaning of Section of Articlex of the Constitution of the State of Florida. Petitioner'believes that upon decedent?s death, title to ?the property descended?to and the I constitutional exemption from claims of decedent?s creditors inurcd to the decedent?s children. - interest in decedent?s estate, it? any, and their respective relationships to decedent and - g. . The decedent Was not survived by a spouse. 9. The name of decedent?s surviving lineal descendants and devisees having an dates of birth of lineal descendants are: NAME . RELATIONSHIP 2E QF (i?ming? RONALD Son over 21 THOMAS MAYES Son . - . over 2] . DANIEL MAYES Son - over 21 .- STEPHANIE CHAMBERS Daughter over 21 KATHLEEN Daughter over 21 . . 10. The only person, other than petitioner, having an interest in this proceeding, including unpaid creditors, sis its respective address is: Agency for Health Care Administration, c/o xerox State Healthcare, LLC, Florida TPL Recovery Unit, 2316 Killearn Center 31th., Tallahassee, Florida 32308. 1 1. The curator, ELIZABETH SAVITT, wishes to: take immediate possession of the property for the purpose ?ofpreservingt insuring, and protecting the property for the . heirs or devisees pending a detennination of the homestead status and a ?nal determination by the court as to whom the property will inure. . In addition, the Curator wishes to have the authority to sell the property . . for fair market value, and to hold the proceeds in escrow pending the outcome of the aforementioned litigation. 13. It is not known yet the location, date, or time the petition to determine facts alleged are true, to the best of my knowledge and belief; Signed on this Eden oprril, 2013. -. hemestead status will be heard. 14. The Curator ELIZABETH SAVITT is not. currently in possession ofthe .5 property at this time. Instead DANIEL MAYES, the decedent?s son, resides. atlthe . I is. Therefore, Petitioner requests that an order be entered: - 1.) Determining that the Property constituted the exempt homestead of the i ?decedent; That the Curator is directed to take immediate possession ofthe I protected homestead preperty for the purpose of preserving, insuring, and- . protecting it for the heirs .or de'visees; and 3.) That the curator shall have theauthority to sell the homestead property for fair market value, and when sold, to hold the proceeds of the sale in escrow in the estate account..' Possession of the homestead property by the Curator shall continue until a determination is made by the court as to which of the decedent's children title, upon decedent?s death, descended and the constitutional exemption from claims inured. . . Under penalties of perjury, I declare that have read the foregoing, and the ELI ABETH SAVITT, Petitioner and Curator. . .. .01. .. Dated this A'ciay oprril, 2013. SHBRI L. ASSOCIATES, P.A. By: Sheri L. Hazeltine, Esq. - I Attorney for the Petitioner and Curator Elizabeth Savitt. . Florida Bar No. 0674567 . 800 Palm Trail Plaza, Ste. 3 Delray Beach; Florida 33483 (561) 243-4655 (o??ice) - (561) 243-6933 (fax) sheri@hazeltineldw.com - CERTIFICATIOE 9E MAILINQ m' 'mg . I HEREBY CERTIFY THAT 9. true and correct copy of this Wm uotice of Intent to 1:35; Roggeggign of Progcted I and mailed via the us. Foetal Service, - certi?ed mail, receipt requested, on this 19; day oprril, 2013 to the following'parties - or interested~per?ons On the attached Service List. SHERI L. ASSOCIATES, P.A. .By: . Sheri L. Hazeltine, Esq. Florida Bar No. 0674567 800 Palm Trail, Suite 3 Delray Beach, Florida 33483 (561) 243-4655 (of?ce) (561)243-6933 (fax) - . Email? sheri@hazeltinelaw.com . In Re: Estate ofHeIen 0 Gran? Cqse No. 5 Christopher Salivar, Esq. Attomey for Thomas Mayes 10! Plaza Real, Suite 218 Boca Raton, Florida 33432 a w. iz . Jordan R. Hammer, Esq. I . Attorney for Daniel Mayes Clark Skato?? PA . . 2925 PGA Blvd, Suite 103 Palm Beach Gardens; Florida 33410 "Jami Huber, Esq. Attorney for Ronald Mayes _2101 NW. Corporate Blvd., Suite 400 Boca Raton, Florida 33431 Stephanie Chambers 1008 Arbor Meadows Derby, Kansas .67037 Kathleen M. Osterbilhr' 1300 Chesthill . Derby, Kansas 6703-7 Agency for Health CareAdminisu?ation . . c/o Xerox State Healthcare, LLC, Florida TPL Recovery Unit, 2316 Killeam Center Blvd. Tallahassee, Fl0rida 323 08- Jane IN THE COURT PALM BEACH COUNTY, FLORIDA - PROBATE DI VISION 1N RE: Ol": File No. HELEN M. I DivisionDee'ns'ed. I . . (31'1" T0 WILL ETC 52m an. (eepyattaehed) -- u. ., t. ?1 til?? . 5.. - I with! fun." . anthemtenths. STATE OF FLORIDA COUNTY 01? PALM BEACH The-undersigned, 8082131" 8: ?1,131?er u, being duly sworn says that the phatographie copy annexed to this oath is a true copy of the last will ot't-iELEN M, deceased, that the decedent executed and that the undersigned and W51 and subscribed as attesting witnesses on 2.01. that the decedent signed the Original of the writing at the end in the presence at'thc attesting witnesses or acknowledged in the presence of the attesting witnesses that the decedent had signed the'wrt'ting at the end; that the witnesses, in the presence of the decedent and in the presence nt?each other, subscribed theirname cwrin'ng as attesting witnesses. no ER'FSrmemtt-tw Witness Sworn to and subscribed hefnre me an: 2012'. - k. ,ohn(WWOMMW can) 'fh?gjcf?mz I A . 3 Form Not E?eetive January 1. 20l2 Ed tth' 4 mwm?QI-J . VJ . EIRSI: 1 direct that all of my just dehts. expenses of instillness. funeral expenses and days of her appointment then it shall be canolusively presumed not to exist and any 11111312: I direct my ?personal representative (or his successor) to sell my homestead real Q) 'replacement homestead) as sent to my residuary estate. A . - . . ?rst Mill and COPY RECEWED FOR FlLli JUN 26 2th? R. 500? :?Ii?tlt HELEN M. Connor 1, HELEN M. of the City ol?Boea Raton; Palm Beach County, Florida, by this instrument revoke my prior wills and codicils to them and declare this to lie-my will: administration custs'ol'my estate be paid and satis?ed by my personal representative hereinafter namedas soon as may be conveniently done after my death. I direct that my remains be cremated and the ashes be disposed of in the sole discretion ot? my personal I representative. - . EEQQMQ: i devise certain other items of my tangible perst'maiprope'rty including but not limited torpersonal effects. clothing, jewelry. furniture..- litrnisltings and automobiles and insurance policies insuring the same. in the' manner set forth in'the last-dated separate memorandum or Statement. which said oratatentent may contain 1 multiple pages. and which shall be dated and signed by me. If no separate written memorandum or statement is identi?ed it my personal representative within thirty (30) 5" subsequently discovered memorandum or statement shall he ignored. All-other items of my tangible be distributed with or without consideration. in the sole and exclusive discretion of my personal representative. property. currently knewn'as 3742 NW. 5th Avenue, linen Raton, 3343mm any mg: as may he practicable and the net proceeds ul? sale?added FOURTE: devise all the rest. residue and remainder ul? my property. both real and personal, of whatever nature and wherevcrsituate, to the tbllewing-named children, in equal shares! KATHLEEN M. STEl?l-lANlli J. CHAMBERS. DANIEL W. THOMAS H. MAYES-. . . . . mg: Ihave intentionally omitted my son. RONALD o'omv. from the provisions of this Will as 1 consider him to have received an advancement of his inheritance by virtue of large sums of money which I gave to him and obligated myself to pay back a loan (currently payable to Sun?ower Bank, NA. in Salina, Kansas) in the approximate amount of $336,000.00. ?13111: .1 nominate and appoint my son, THOMAS MAYES, to be the personal - representative of tnyes?tate. if he should die, resign or be .otherwise unwilling-crumble to act as personal representative, then I nominate and appoint my daughter. KATHLEEN M. to be- the successor personal representative'of myestate. 1. direct that no bond shall be reguired of my personal representatives or trustees. . 1 - m: The personal representatives and trustees named in this will and successors and parties serving in their stead shall be governed by the provisions of Florida law that . are not in con?ict With this instrument. in addition, and not in limitation of any common I law or statutory authority.- _and without application to any court. they shall follow thef directions given and shall have the powers and responsibilities Subscribed below tube exercised in'their absolute discretion: . . a A. With regard to both real and personal property,- for'the purpose of obtaining funds for the payment arteries; claims and costs of administration; payment of bequests I and making distribution. conversion into cash.,man . . other pmper purpose, they may acquire. retain. invest. reinvest, exchange. "lease. sell.? borrow; mortgage. pledge, transfer and convey in such manner and on sucb'tenns. . without want as to time as they may deem advisableportion of admhtistration expenses, debts and taites out of the income or principal and to accumulate the income of the estate for this purpose.- I-HAVE DECLARED this instrument tube my will. and i have signed it arm . Beach. Florida on this [1?s day of May, 2010. . ?go, i HELEN M. agement of the property and for every ERNST 0n the day of May, 2010; and in our presence,?the foregoing instrument was declared by the above-named testatrix to be her will, and it was signed by her. We have subscribed our names. as witnesses in the presence of the tested-ix and in the presence of each other after the testattix has signed her name. 1701- #207 Deemeld Beach. 33442 "1701 West Hilisboro. Blvd, #267 . Deer?eid Beach, FL . 33442 . 8. a ?with - m. five children, to Emw . postponed by my? "3 - ale-SJ . LAST WILL gnu TESTAMENT - HELEN meanest o'cnhor County, Kansas, being 'of sound mind and disposing memory. do hereby make, publish and declare this to be my Last Will and testament hereby revoking any and all 011113 or codicils heretofore. made by me. melons I HELEN MARGARET am a single woman. at my prior marriage. five, children were born,? named Ronald O'G'rady Mayes, Kathleen M. Osterbuhr, Stephanie Chambers, Daniel hayea and Thomas Mayes. hereinafter. referred to, whereappropriat?e. as "my children . narrate II '1 direct that all my just debts, expenses of last illness, funeral and burial expenses, he paid as soon after my death'as may be? convenient and practicable and without intervention of the court having junisdiction army. requiring. the allowan?e and approval 013' any claim against my estate by ?anymcotirt. except that thoupayment .of any debts secured by a mortgage or . pledge of real or personal property may be Executor as the discretion of .such Enecutor dictates. Further, I hereby authorize and empower my Executor.- ?in case any claims are made. against my estate. to settle and discharge such claims as the discretion of such Executor dictates. . - . . urniture. household goods or personal effects in accordance with a handwritten list which I shall keep with my Will. In the event that I do not leave a list, or to the extent the list does not cover any household treats. jewelry .and furnishings. works of . art, personal ~e direct 'that the same be considered residue of my man IV of this my mu. 1- bequeath any i? automobiles estate and. allocated as directed?by ART narrate IV I give all my residua'r'y estate. being all real and personal which I may have any interest at art wherever situated in map 3" tfhemise effectively disposed at to my . ?.In the event any of my - the time of my death not here and share alike. children "predecease me. his/her share shall his/her issue surviving meper stirpes. - be - distributed to ARTICLE - nominate and a point my son, . Executor of my estate. Pln' theevent of his death or inability 'to nominate and appoint Kathleen M. Osterbuhr as Execut'rix Bond shall not be required of either or them. The FvnmuI-nr chart be entitled be reasonable - B. :s .- gr". I, HELEN MARGARET a resident of Wichita, Sedgnick - and, 'withnut', ?1 rst? Ronald O'Gtady Mayes as. A - a 'gu I .0 .. ARTICLE VI During the administration of my estate and of any trust or trusts established hereunder, I hereby clothe my Executor and {trustee with Neil powers and. authority. granted to Trustees as sgeoified and set forth in the Uniform {trustees powers Act, Kansas Statutes Annotated, 58-?1201?, et seq. and as such may be amended from time to time. i All powers, euthority' and discretion granted by this will shall he in additmn toothose granted by the law and shall be exercisable without court authorization, - . IN I have hereunto executed tghis'ny Last Will and Testament, at Wichita, Kansas on this day of . 7779 1986. cnhuss. We, the undersigned, do hereby certisy that the foregoing Instrument, consisting ottwo (2) pages, including this 'Attestation Clause, was at the time and place therein stated, freely and voluntarily signed and declared by HELEN MARGARET Testatrix, to, be her Last will in the presence of us, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as witnesses: and we declare at the time of the execution of this instrument, the saidmestatrix, according to our best knowledge.- and belief, wasof sound mind and disposing memory and. under no restraint. . I . DATED at Wichita, Kansas, on this ??259L"?f ITNESS I W?g'm Impmg -.I . ?Huh.? 0 3 . .pl?that 'gzgti?t?lro MEN manner OF KANSAS I O) . 38: comes: or amazon 3 . Before me. the uhdereigned on this day of? I 1986. personall . knewh to oete -- .- whose names_ 'are subscribed to the foregoing instrument id the reapeettve .oapaeitiee. and all of seid pereone being by me first an). sworn, .eaid . mm deolated to me and to the eel Witnesses in my presence that the said instrument ie . he: beat W111 and testament and that ehe had willingly made and executed it as her free and voluntary act and deed for purposes therein expresse?w, 'and each of? said witnesses on oath state. to me, in the teenage, and heating of the acetatrix. that the said 'ihettument 3 he: Last. my. and ,westament ahd- that she ?exequtoee the: same as eeoh' and wanted each of} them to high it as a .. end uxjon oath. oath -.atated further? that 'the'y'?id sign same in the . te?ee'noe of each other and-1h presence. of the 'I'ee'tett'tx an ?at her she "misju- that _t;lme possessed the right of'mejotity, was at sound mind. and under horeattaint. . . a. . - emanate; acxuonmmee and segue to before he by meg an ARE restattixo .. . genes. on day A My Commission expires: I Kansas eat DA HARM a we. W. a, ESTATE or rz Ehtbt?i'weer- A IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT - - lN AND FOR PALM BEACH COUNTY, FLORIDA - HELEN M. I CASE NO. tyrants 0F - I - TO WHOM IT MAY CONCERN: . I I WHEREAS. M. a resident ?3742 N. w. 5th'Avenue, Bcca Retort, Florida 33431, died on May 29, 2012 at Boulevard Rehabilitation Center in Boynton Beach, Florida, owning assets in the State of Florida, and I WHEREAS, ELIZABETH has been appointed manor; of the estate of the decedent and has performed all acts prereqeisite'to issuance of Letters of Curator in the estate, . - I . NOW, THEREFORE, l, the uddersigned circuit judge, declare ELIZABETH duly quali?ed under the-laws of the State of Florida to act as curator of the I estate of HELEN M. deceased, with full~powcr to administer the estate according to law; to ask, demand, sue for. recover and receive the preperty ofthe decedent; to pay the debts of the decedent as far' as the assets of the estate will permit and the law directs: and to make distribution of the estate accordgf?cg?z gm; .2013. March . . . ., . . MR 24 5 . - Ewemw?meor My . Sheri L. Hazeltine, Esq.. soc-Palm Trail. Ste. I3. Delray Beach. FL. 33483 IN THE CIRCUIT COURT OF THE FIFTIBENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA DIVISION: 12 INRE: ESTATE OF -- . CASE NO. . HELEN-M. I 0' PFC After a hearing held on'March I9, 2013 on the Issue 6r appointmentofa curator of the estate of HELEN deceased. the court ?nding that the decedent died on MatI 29, 2012 and that ELIZABETH is entitled to appointment as curator; it is I I ADJUDGED that BLIZAB ETH SAVITT is appointed curator?ot'the estate ofthe decedent, end that upon taking the prescribed oath. ?ling designatton and acceptance of resident agent, and entering into bond in the sum of? 0? letters of curatorship shall be issued. enter? ORDERED on this ?day ofMarclI, 2013CIRCUIT JUDGE EDWARD: GARRISEBGEEDWMD . Sheri L. Esq.. 800 Palm Trait. Ste. Beach. It. 33483 EXHIBIT ACCOUNTING 8 55?4" 0F Helen M. O'Grady FOR THE PERIOD COMMENCING: 04/01/13 THROUGH: 03/22/13 SCHEDULE - Disbursements and Distributions Does not include purchases of principal assets. I Such transactions are shown on Schedule c. Date Brief Descriptions of items income Principal Morgan Stanley ?mlth Same! 31c 719-1477232117 04/05/13 Hark Burkhalter Yon, PL - Atty fees 9,021.09 01/09/13 Sheri Hazeltine - Atty fees 8,755.19 04/05113 Thomas Mayes 3,381.25 04/08/13 Thomas Mayes - 500.00 07/19/13 Wire to Jami Huber a/c 700000019461 clo 7/11/13 100,000.00 07/29/13 Withdrawal - Andrew .M. Schwartz. P.A o/o did 7/11/13 85,000.00 07/29/13 Withdrawal - Clark Skatoff, PA 010 7/11/13 30,000.00 08/22/13 Sheri Hezeltine - Atty fees (held in trust) 10,000.00 00/22/13 Financial Reporting Services 1,040.00 00/22/13 ira Goldfarb - 200.00 ells Fa heckln a/c 5536352734 04104113 Ck 1050 - Elizabeth Savitt (fees) 2,821.50 04/10/13 Ck 1077 - Florida Space (storage) 151.58 04/11/13 Ck 1076 - City of Boca Raton 73.44 Debit-MT 151.34 05/31/13 CR #1078 - 393.80 08/14/13 Ck 1053 - E. Savitt (held in trust) 13,000.00 well Fa 0 ch do 73 . 05/13/13 Ck all 95 - Daily Business Review 1 194.00 05/14/13 Debit - FPL 219.24 06/03113 Ck 104 - Fla Space Coast (storage) 75.79 06/03/13 Ck# 103-City of Boca Raton 73.73 06/18/13 Debit - FPL 56.50 Ck.# 106 - Mary Sue Donahue 455250 I . 0.00 3 26906595 .. - EXHIBIT Christopher Salivar From: Christopher Saiivar Sent: Friday, September 06, 2013 12:11 PM To: 'Sheri L. Hazeltine' 'thomas mayes'; Cc: Andrew M. Schwartz; Christopher Saiivar; Randi Scheibiich; Christine Parrott; kosterbuhr1@cox.net; 'Stephen M. Chambers'; whodawatda@hotmaii.com; 'Randee Parrish' Subject: RE: in re Helen M. O'Grady Attachments: o'grady helen order on motion for extension of timepdf Sheri, The only Order I received at the conclusion of the 8/8/13 hearing is, attached. _You, BetSy, and I were all present when Judge Garrison said "I'm not hearing any Petition for Fee?s." After that, he executed this Order. I left. No hearing was held on the'Guardianship Petitions for Fees. And I never received a copy of any "Agreed Order" entered by the Court on same. Again, to date I HAVE NEVER SEEN ANY ORDER FROM AUGUST 8, 2013 GRANTING ANY PETITION FOR FEES. And as I stated below, I CERTAINLY NEVER AGREED TO ONE. 1 Please provide me with a copy of it now. don't want to have to waste my time'traipsing down to the Courthouse to obtain the Order. I also note that, again, there is no response to my inquiries regarding the $30,000.00 now being "held in trust." - Lastly, I haven't charged for any of my multiple e-mails to you trying to find out what is going on presently with the cash that, up until two (2) weeks ago, was in the estate's - - 5 accounts. I will have to charge for my client's objections to your Petitions for Fees, the Petition for Removal, and the Objection to the Petition for Discharge. I would appreciate a phone call about this, since I've asked multiple times for a call, and I called your office this morning and left a voicemail, and I haven't received one. Christopher S. Salivar, Esq. Andrew M. Schwartz, P.A. 101 Plaza Real South Suite 218 Boca Raton, FL 33432 (561) 347-6767 Palm Beach (954) 574-0770 Broward (561) 347-6768 Fax cs@amslaw. biz CONFIDENTIALITY NOTICE - The information contained in this message and any accompanying documents may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. . NOTE DE CONFIDENTIALITE Ce message et?toutes les pieces jointes (ci?apres 1e "message") sont etablis a l'intention exclusive de ses destinataires et sont confidentiels. Si vous recevez ce message par erreur, merci de le detruire et d'en avertir immediatement 1 . . i ?l'expediteur. Toute utilisation de ce message non conforme a sa destination, toute diffusion ou toute publication, totale ou partielle, est interdite, sauf autorisation expresse. L'internet ne permettant pas d'assurer l'integrite de ce message, Ubiqus (et ses filiales) decline(nt) toute responsabilite au titre de ce message, dans l'hypothese ou il aurait ete modifie. --??-Original From: Sheri L. Hazeltine Sent: Friday, September 06, 2013 11:12 AM To: Christopher Salivar Ccz'Andrew M. Schwartz; Christopher Salivar; Randi Scheiblich; Christine Parrott; thomas mayes; kosterbuhr1@cox.net; Stephen M. Chambers; whodawatda@hotmai1.com; Randee Parrish Subject: Re: In re Helen M. O'Grady . Dear Mr. Salivar, Please tell the truth, you were at the hearing on the guardianship fees, you received a copy of this signed Order at the hearing, and and yes it has been on the docket. Why don't we focus on closing this case for Mrs. O'Grady's children and not incurring even more attorneys fees. Heaven knows how much you just charged for your email below. Sincerely, Sheri L. Hazeltine, Esq. 866_Pa1m Trail Plaza, Ste. 3 Delray Beach, FL 33483 Sent from my iPhone On Sep 6, 2613, at 9:43 AM, Christopher Salivar wrote: Sheri,? On a feeling, I perused the docket sheet for Case No.: this morning. I?m quite shocked as some things I?ve now seen. On August 8, 2013, you, Ms. Hazeltine, and I appeared before the Court on your Motion for Extension of Time to file the Petition for Discharge. After Judge Garrison granted an extensiOn up through August 30, 2013 over my objection, you attempted to have your pending Petitions for Payment of Fees heard by Judge Garrison. When I told him that I was not properly noticed for any such hearing and was not ready to address them at that time, he expressly indicated that he was NOT HEARING ANY FEE PETITION that morning. After this, I left the Courthouse. How is it then that an Agreed Order was submitted to Judge Garrison?s attention on your and your client?s petitions for fees filed in I didn?t'agree to this?' Who actually agreed with you and Betsy regarding the submission of a proposed Order simply approving your fee petition? - I said in open Court that I was not prepared to address the fee petitions at that time since I was not properly noticed of any hearing on the issues. I also told you that I wanted to have my client back in the country to look over the petitions with me prior to rendering any decision. Judge Garrison then said that he was not ruling on the fee petitions. SO HOW DID THIS ORDER GET NEVER EVEN SEEN A COPY OF IT. YET DESPITE THIS YOU AND MS. SAVITT WROTE YOURSELVES CHECKS 0N 8/12/13 and 8/13/13 pursuant to this ?Agreed Order?? I?m at a loss to even try to comprehend how this happened? i I sent an e-mail to you two days ago, and another yesterday, inquiring about the payments you and Betsy took on 8/12/13 and 8/13/13, and you have never responded to me. Now I see why. i 5 CALL ME NOW TO DISCUSS THIS. This action is so beyond the realm of reasonable conduct that I can hardly express myself right now. Please note, this action is going to also be included in my Petition to have Ms. Savitt removed as Curator, because I simply cannot comprehend how you would submit an AGREED ORDER _to the Court if you had not actually obtained the agreement of the parties as to the Order itself. I cannot speak for what action my client, as well as the remaining beneficiaries, may seek.to take against Ms. Savitt and you for this conduct. Christopher S. Salivar, Esq. Andrew M. Schwartz, P.A. V101 Plaza Real South Suite 218 Boca Raton, FL 33432v (561) 347-6767 Palm Beach . I . ,l 4 ii ,decline(nt) toute responsabilite au titre de ce message, dans.1'hypothese (954) 574-0770 Broward (561) 347-6768 Fax cs@amslaw.biz CONFIDENTIALITY NOTICE - The information contained in this message and any accompanying documents may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible fer delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. NOTE DE CONFIDENTIALITE - Ce message et toutes les pieces jointes (ci?apres 1e "message") sont etablis a l'intention exclusive de ses destinataires et sont confidentiels. Si vous receVez ce message par erreur, merci de le detruire et d'en avertir immediatement 1'expediteur. Toute utilisation de ce message non conforme a sa destination, toute diffusion ou.toute publication, totale ou partielle, est interdite, sauf autorisation expresse. L'internet ne permettant pas d'assurer l'integrite de ce message, Ubiqus (et ses filiales) ou il aurait ete modifie. No virus found in this incoming message. Checked by AVG - Version: 9.0.932 Virus Database: 3222.1.1/6140 - Release Date: 09/06/13 02:35:00 No virus found in this incoming message. Checked by AVG - Version: 9.0.932 Virus Database: 3222.1.1/6140 - Release Date: 09/06/13 02:35:00_ A. ?Mimi; Christopher Sal ivar Of course. From: Christopher Salivar Sent: Wednesday, September 04, 2013 2:15 PM To: - 'ShenlmiiazeMne' Cc: Andrew M. Schwartz; Christopher Salivar; Randi Scheiblich; Christine Parrott; 'thom'as mayes' Subject: RE: In re estate of Helen O'Grady - closing estate I 1; Attachments: Dear Sheri, The e?mails are scanned and attached. .By chance, do you have a contact telephone number for Daniel? One wasn't provided in the Order discharging Clark Skatoff as counsel for Daniel, and I've.been informed that the land?line maintained at the property has been disconnected. Also, has your office been in contact with Daniel as of late? If so, I would appreciate being forwarded all communications with him, as well as all communications with the other beneficiaries of the estate. I've been informed that Stephanie and Kathleen have been communicating with Betsy and your office directly.- I was led to believe that Stephanie voiced an interest in purchasing the real estate if Daniel did not, and while I may ultimately need to disposes Daniel if he doesn't get back to me soon, I'd certainly like to look into selling the home-to another of the beneficiaries if they are interested. Also, any response to my induiry regarding the $30,666.66 pulled out to be held in "trust" and the $116k+ petitions for "fees"? Sincerely, Christopher S. Salivar, Esq. Andrew M. Schwartz, P.A. 161 Plaza Real South Suite 218 Boca Raton, FL 33432 (561) 347-6767 Palm Beach (954) 574-6776 Broward (561) 347-6768 Fax cs@amslaw.biz CONFIDENTIALITY NOTICE - The information contained in this message and any accompanying documents may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from yOur computer. Thank you. - NOTE DE CONFIDENTIALITE Ce message et toutes les pieces jointes (ci-apres 1e ?message")v sont etablis a l'intention exclusive de ses destinataires et sont confidentiels. Si vous recevez ce message par erreur, merci de le detruire et d'en avertir immediatement' 1'expediteur. Toute utilisation de ce message non conforme a sa destination, toute diffusion ou toute publication, totale ou partielle, est interdite, sauf autorisation expresse. .L'internet ne permettant pas d'assurer l'integrite de Ce message, Ubiqus (et ses filiales) decline(nt) toute responsabilite au titre de ce message, dans l'hypotheSe ou il aurait ete modifie. -?j~~Original From: Sheri L. Hazeltine Sent: Wednesday, September 94, 2913 2:92 PM To: Christopher Salivar Cc: Randee Parrish Subject: Re: In re estate of Helen O'Grady closing estate - . Ag 'Dear Chris, Again, please forward me immediately a copy of all correspondence from your office-to Mr. Dan. Mayes. Sheri L. Hazeltine, Esq. 899 Palm Trail Plaza, Ste. 3 Delray Beach, FL 33483 Sent from my iPhone On Sep 4, 2013, at 1:07 PM, Christopher Salivar wrote: Dear Sheri, . In response to your e-mail belOw, my Office corresponded with Daniel through Clark Skatoff prior to its discharge, asking Daniel to voluntarily turn over the property by September 15, 2013, indicating that if he did not, I would move fOrward seeking an Order from the Court directing him to turn over the parcel (as it is estate property and he has no legally cognizable interest in it other than his interest in the proceeds which its sale will bring to the estate). I then forwarded this to him directly via e-mail after Clark Skatoff's discharge, and also asked him to notify.me if he still wants to buy the property for $199k. . Per my e-mails, if he contacts me by Friday of this week, I'll prepare a PetitiOn for Entry of Order approving sale to Daniel Mayes for $199k, and if he does not IVll begin formal action to obtain entry of an Order directing him to immediately relinquish possession of the property to Tom as P.R. of the Estate. . Also, we_are in the process of obtaining a CPA to review the accountings prepared to date, and to prepare a final accounting for the estate which will be-filed along with Tom's Petition for Discharge after the home has been sold, all necessary taxes have been'paid, and all final distributions have been made. I . . . As-to what your office can do to assist this, I would request that the funds taken from the estate?s accounts to be held in "trust" be returned until such time as a Court Order is entered authorizing any further payment to any party for fees, costs, etc. I'm not sure why this was done, but it is unreasonable to take $39,999.99 from the estate's accounts_and leave it with no liquid assets to address any incidental expenses of administration, particularly where Tom had prior discussions with.Ms. Savitt regarding the preliminary distributions that . have been made and at no time was any discussion ever held which addressed Ms. Savitt's and your office's intent to remove this sum. . Christopher S. Salivar, Esq. Andrew M. Schwartz, P.A. 191 Plaza Real South Suite 218 - Boca Raton, FL 33432 - (561) 347-6767 Palm Beach . e~7 (954) 574-9779 Broward- (561) 347?6768 Fax cs@amslaw.biz . CONFIDENTIALITY NOTICE - The information contained in this message and any accompanying documents may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. . NOTE DE CONFIDENTIALITE Ce message et toutes les pieces jointes (ci?apres le "message?) sent etablis a l'intention exclusive de ses destinataires et sont confidentiels. Si vous recevez ce message par erreur, merci de le detruire et d'en avertir immediatement lfexpediteurh Toute utilisation de ce message non conforme a sa destination, toute diffusion ou toute publication, totale ou partielle, est interdite, sauf autorisation expresse. .L'internet ne permettant pas d'assurer l'integrite de ce message, Ubiqus (et ses filiales) decline(nt) toute responsabilite au titre de ce message, dans l'hypothese ou il aurait ete modifie. . - n-?-?Qriginal Message?-?-- . From: Sheri Hazeltine Sent: Saturday, August 31, 2613 8:15 AM To: Christopher Salivar - Subject: In re estate of Helen O'Grady closing estate . . Dear Chris, Please inform me of what you and your client have been doing to close Mrs. O'Grady?s estate I since Mr. Mayes was appointed as the personal representative. . . For example, I was recently infOrmed your client or your office may have issued correspondence to Mr. Dan Mayes concerning leaving the homestead property. Please provide a copy of these and any other documents sent out since July 11th regarding the estate to me immediately. . . Finally, while the curator's accounting has now been filed and we are working towards her discharge, until she is discharged by order of the court the Curator has concurrent authority with Thomas Mayes and must be kept informed of everything he and your office are doing to 'close the estate. See July 11th.order issued by Judge Garrison: "Until the Curator is .discharged by order of the court, the Personal Representative and the Curator shall have 1 concurrent authority over the assets of the estate." ?1.1m? . Mrs. O'Grady's estate should be closed very quickly now and we will help however we can. Thank you in advance for your courtesy, I Sheri L. Hazeltine, Esq.? Sheri L. Hazeltine Associates, P.A.. 806 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 . i (561) 243?4655 office; (561)243-6933 fak . 5' >.sheri@hazeltinelaw.c0m - The information in this email is intended for the confidential use of the addressees only. The information is subject to the attorney?client privilege and/or may be attorney work product.. Recipients should not file copies of this email with publicly accessible records. If you are not an addressee or an authoriZed agent responsible for delivering this email to a designated addressee, you have received this email in error, and any further review, .- diseemination, distribution, copying or forwarding of this email is strictly prohibited. If you have received this email in error, please notify us immediately at (561) 243-4655 or send an email message to the sender. - >v 4 . No virus found in this incoming message. Checked by AVG - Version: 9.0.932 Virus Database: 3222.1.1/6132 - Release Date: 09/02/13 14:34:00 No virus found in this incoming message. Checked by AVG - Version: 9.0.932 Virus Database: 3222.1.1/6134 - Release-Date: 09/04/13 05:08:00 .. . . the Petition for Discharge. Christopher Salivar From: Christopher Salivar Sent: Wednesday, September 04, 2013 1:09 PM To: 'ShenL.HazeMne' . Cc: Andrew M. Schwartz; Christopher Salivar; Randi Scheiblich; Christine Parrott; 'thomas mayes'; kosterbuhr1@cox.net; Stephen M. Chambers; whodawatda@hotmail.com Subject: RE: in re estate of O'Grady Notice of Final. Accounting of Curator and Petition for Discharge Attachments: O'Grady.Heien.Notice of Final Accounting of Curator and Petition for attys. fees.pdf; mayes-petition for order authorizing payment of compensation and expenses of guardianpdf Sheri, I've finished my initial review of the Annual Accounting and the Final Accounting served with I've noticed some things that have not been adequately explained within the Petition/Final Accounting, as well as references to Court Orders which.I have never received. Specifically, the Final Accounting indicates that your firm is presently holding $10,666.66 "in trust", and that Ms. Savitt is presently holding $20,066.06 "in trust", with no explanation. Why is this? What are these funds being held for? I've neVer received any Order which would authorize your firm and Ms. Savitt to take such action, specifically after Tom was appointed as P.R. (This action was never even mentioned to Tom, let alone approved by him. And based upon the Accounting itself, it looks like these funds were withdrawn from the Estate's accounts within the past week and a half. ?Also, there are two (2) cheCks which were issued (one to Ms. Savitt, one to your firm) on August 12 and 13th, respectively. The check to you was in the amount of $1,745.36, and the one to Ms. Savitt was in the amount of $1,725.00. Both reference that they were issued as payment for "Fees", and in the actual accounting it issues that these were done pursuant to a (which I presume means CoUrt Order) dated 8/18/13. Was this Order ever entered authOrizing the payment of these fees? My recollection is that when we appeared before Judge Garrison on August 8, 2613 he DID NOT hold a hearing on the Petitions for Fees which you and Ms. Savitt filed in July. Again, neither Tom or my firm were provided notice of this action until we received the Final Accounting, and.I have never received any Order authorizing these payments. 'Please call my office today so we can address these issues, as they are creating serious problems in what should be the wind?down of Ms. Savitt's and your involvement in this case and the of the_estate. Again, I've received direction to file an Objection to the Final Accounting and the Petition for Discharge/Petitions for Fees based on the foregoing, and in the interest of professionalism and candor I'd like the opportunity to discuss the foregoing with you prior to filing those Objections. Finally, as to the Petitions for Fees that were filed seeking in excess.of $55,006.00 each for Ms. Savitt and for your firm, I still do not see how these could be filed in good faith where in July you and Ms. Savitt filed Petitions for Fees for all work done as "Curator" from -March of 2613 through July of 2613, billing at an hourly rate (which inexplicably increased over the prior submitted billing invoices), and where the total Sum(s) sought amounted to roughly $17,666.66. Again, I reassert what I said previously about the impropriety of these- filings based on prior representations to the Court and prior filings on your and Ms. Savitt's behalf, and furthermore there is no basis whatsoever for counsel retained by a Curator to seek payment of a flat percentage based fee under Florida Statutes 733.6171. I it? spent an hour yesterday scouring Westlaw to see if even a shred of support, case law based or - statutory based, existed for such a claim and I found absolutely nothing. Again, I would 1 . . request that you withdraw the final Petitions for Fees filed by your firm and Ms. Savitt, to avoid an unnecessary waste of expenses on a hearing set to address said Petitions. Sincerely, Christopher S. Salivar, Esq. Andrew M. Schwartz, P.A. 101 Plaza Real.South Suite 218 Boca Raton, FL 33432 (561) 347-6767 Palm Beach (954) 574-0770 Broward (561) 347?5768 Fax cs@amslaw.biz CONFIDENTIALITY NOTICE - The information contained in this message and any accompanying documents may be privileged and confidential and protected from disclosure. If the reader of this message is net the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any ft dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the Vmessage and deleting it from your computer. Thank you. NOTE DE CONFIDENTIALITE - Ce message et toutes les pieces jointes (ci~apres 1e "message") sont etablis a l'intention exclusive de ses destinataires et sont confidentiels. Si vous recevez ce message_par erreur, merci de le detruire et d'en avertir immediatement l'expediteur. Toute utilisation de ce message non conforme a sa deStination, toute diffusion 0u toute publication, totale ou partielle, est interdite, sauf autorisation expresse. L'internet ne permettant pas d'assurer l'integrite de ce message, Ubiqus (et ses filiales) decline(nt) toute responsabilite au titre de ce message, dans l'hypothese ou il aurait ete modifie. From: Sheri L. Hazeltine Sent: Tuesday, September-03, 2013 2:31 PM To: Christopher Salivar Cc: Randee Parrish Subject: Re: In re estate of O'Grady Notice of Final Accounting of Curator and?Petition for Discharge . . . . Dear Chris, Thank you for your message. I apologize if not all staff in your office were copied with the documents we recently filed. I see you had even listed yOur receptionist as needing a copy! We will make sure we send copies to your staff in the future. As for our requested fees, we.have never represented to the court or any party that we entered into an agreement with you Or Mr. Thomas Mayes or any other party to charge an hourly fee for oar services in the probate case. I think you must be confusing this with the - guardianship case. I believe you are wrong about the fees, and instead Ms. Savitt has saved the estate considerable fees. I think all parties should work quickly to close the probate estate now so that more fees are not incurred by anyone. Thank you in advance, . Sheri L. Hazeltine, Esq. 800 Palm Trail Plaza, Ste. 3 Delray Beach, FL 33483 Sent from my iPhone On-Sep 3, 2013, at 1:25 PM, Christopher Salivar wrote: Sheri, . Please ensure that any documents served are properly served on all parties at my office. I just got back into the office from an out4of-country vacation, and saw your service e?mail below. It was only addressed to me, and not to all primary and secondary e?mail addresses of record for my-office in this action. . Also, I will be reviewing the filed Petition for Discharge, final accounting, and Petition for Payment of Fees with Thomas, and I expect I will shortly be filing an objection to the final Petition for Fees filed on behalf of your office and on behalf of Ms. Savitt. . At the hearing which led to Ms. Savitt's appointment as Curator, it was espoused by you and Ms. Savitt that it would be a cost-saving measure to continue having you represent the estate as Curator, and to have the Curator continue.billing hourly. I don?t know how that has now led to a Petition for payment of a blanket statutory "fee" in excess of $55,000.00 at the very back?end of this case. - Sincerely, 'Christopher S. Salivar, Esq. Andrew M. Schwartz, P.A. 101 Plaza Real South Suite 218 Boca Raton, FL 33432 (561) 347-6767 Palm Beach (954) 574-0770 Broward (561) 347?6768 Fax cs@amslaw.biz CONFIDENTIALITY NOTICE The information contained in this message and any accompanying documents may be privileged.and confidential and protected from.disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have-received this communication in error, please notify us immediately by replying to the _message and deleting it from your computer. Thank you. I . NOTE DE CONFIDENTIALITE - Ce message et tbutes les pieces jointes (ci-apres le "message") sont etablis a l'intention exclusive de ses destinataires et sont confidentiels. Si vous ?recevez ce message par erreur, merci de le detruire et d'en avertir immediatement l'expediteur. Toute utilisation de ce message non.conforme a sa destination, toute diffusion ou toute publication, totale ou partielle, est interdite, sauf autorisation expresse. ?L'internet ne permettant pas d'assurer l'integrite de ce message, Ubiqus (et ses filiales) .decline(nt) toute responsabilite au titre de ce message, dans l'hypothese ou i1 aurait ete Message--?-? - From: Sheri L. Hazeltine 3 Sent: Tuesday, September 93, 2613 12:19 AM To: Christopher Salivar; whodawatda@hotmail.com; schamber561@cox.n Cc: ?Betsy Savitt'; 'Randee Parrish' Subject: In re estate of OfGrady Notice of Final A .Discharge et; kosterbuhrl@Cox.net ccounting-of Curator and Petition for' Court Palm Beach County Circuit Court . Case Number' - Case Style i ?Estate of Helen O'Grady . ii Document(s) Served 1 Notice of Final Accounting of Curator and Petition for Discharge.~ Sender's Name Sheri L. Hazeltine,.Esquire Sender's'Telephone 561-243-4655 Sheri L. Hazeltine, Esq. Sheri L. Hazeltine Associates, 890 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 (561) 243?4655 office; (561)?243?6933 fax Sincerely, sheri@hazeltinelaw.com . - - The information in this email is intended for the confidential use of the addressees only. The information is subject to the attorney-client privilege and/or may be attorney work 2 product. Recipients should not file copies of this email with publicly accessible records; If you are not an addressee or an authorized agent responsible for delivering this email to a 4 designated addressee, you have received this email in error, and any further review, diseemination, distribution, copying or forwarding of this email is strictly prohibited. If you have received this email in error, please notify us immediately at (561) 243-4655 or send an email message to the sender. . No virus found in this incoming message. Checked by AVG . . I Version: 9.0.932 Virus Database: 3222.1.1/6132 Release Date: 09/02/13 14:34:00 No virus found in this incoming message. 'Checked by AVG Version: 9.0.932 Virus Database: 3222.1.1/6132 - Release Date: 09/03/13 02:14:00 Christopher Salivar From: Sheri L. Hazeltine [sheri@hazeltinelaw.com] Sent: Wednesday, September 04, 2013 2:14 PM To: Christopher Saiivar Subject: Re: In re estate of-O'Grady - Notice of Final Accounting of Curator and Petition for Discharge Thank you for your message. I am in Miami now and will respond soon. Sheri L. Hazeltine, Esq. 800 Palm Trail Plaza, Ste. 3 Delray Beach, FL 33483 Sent from my iPhone On Sep 4, 2013, at 1:08 PM, Christopher Salivar Sheri, >r . . I've finished my initial_review of the Annual Accounting and the Final Accounting served with the Petition for Discharge. I've noticed some things that have not been adequately explained within the Petition/Final Accounting, as well as references to Court Orders which I have never receiVed. "in trust", and that Ms. Savitt is presently holding $20,000.00 "in trust", with no explanation. Why is this? What are these funds being held.for? I've never received any order whiCh would authorize your firm and Ms. Savitt to take such action, specifically after ?,Tom was appointed as This action was never even mentioned to Tom, let alone approved by him. And based upon the Accounting itself, it looks like these funds were withdrawn from the Estate's accounts within the past week and a half. . Also, there are two (2) checks which were issued (one to Ms. Savitt, one-to your firm) on August 12 and 13th, respectively. The check to you was in the amount of $1,745.36, and the one to Ms. Savitt was in the amount of $1,725.00. Both reference that they were issued as payment for "Fees", and in the actual accounting it issues that these were done pursuant to a (which I presume means Court Order) dated 8/18/13. Was this Order ever entered . authorizing the payment of these fees? My recollection is that when we appeared before Judge Garrison on August 8, 2013 he DID NOT hold a hearing on the Petitions for Fees which you and Ms. Savitt filed in July. Again, neither Tom or my firm Were provided notice of this action until we received the Final Accounting, and I have never received any Order authorizing these payments. . - . Please call my office today so we can address these issues,_as they are creating serioUs problems in what should be the wind-down of Ms. Savitt's and your involvement in this case and the close-out of the estate. Again, I've received direction to file-an Objection to the Final Accounting and the Petition for'Discharge/Petitions for Fees based on the foregoing,_ and in the interest of professionalism and candor I'd like the opportunity to discuss the foregoing with you prior to filing those ObjectionsFinally, as to the Petitions for Fees that were filed seeking in excess of $55,000.00 each for Ms. Savitt and for your firm, I still do not see how these could be filed in good faith where in July you and Ms. Savitt filed Petitions for Fees for all work dOne as "Curator" from March_of 2013 through July of 2013, billing at an hourly rate (which inexplicably increased over the prior submitted billing invoices), and where the total sum(s) sought amounted to roughly $17,000.00. Again, I reassert what I said previously about the impropriety of these filings based on prior representations to the Court and prior filings on your and Ms. 1 Specifically, the Final Accounting indicates that your firm is presently holding $10,000.00' Savitt's behalf, and farthermore there is no basis whatsoever for c0unsel retained by a Curator to seek payment of a flat percentage based fee under Florida Statutes 733.6171.v I spent an hour yesterday scouring Nestlaw to see if even a shred of support, case law based or statutory based, existed for such a claim and I found absolutely nothing. Again, I would request that you withdraw the final Petitions for Fees filed by your firm and Ms. Savitt, to avoid an unnecessary waste of expenses on a hearing set to address said Petitions.g Sincerely, Christopher S. Salivar, Esq. Andrew M. Schwartz, P.A. 101 Plaza Real South Suite 218 Boca Raton, FL 33432 (561) 347-6767 Palm Beach (954) 574?6770 Broward (551) 347-6768 Fax cs@amslaw.biz CONFIDENTIALITY NOTICE - The information contained in this message and any accompanying documents may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prOhibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. NOTE DE CONFIDENTIALITE 5 Ce message et toutes les pieces jointes (ci-apres 1e ?message") - sont etablis a l'intention exclusive de ses destinataires et sont confidentiels. Si vous recevez ce message par erreur, merci de le detruire et d'en aVertir immediatement l'expediteur. Toute utilisation de ce message non conforme a sa destination, toUte diffusion ou toute publication, totale ou partielle, est interdite, sauf autorisation expresse. gm L'internet ne permettant pas d'assurer l'integrite de ce message, Ubiqus (et ses filiales) decline(nt) toute responsabilite au titre de ce message, dans 1'hypothese ou il aurait ete modifie. From: Sheri L. Hazeltine Sent: Tuesday, September 63, 2013 2:31 PM To: Christopher Salivar Cc: Randee Parrish . a . Subject: Re: In re estate of O'Grady - Notice of Final Accounting of Curator and Petition-for Discharge 'Dear'Chris, Thank you for your message. I apologize if not all staff in your office were copied with the documents we recently filed. I see you had even listed your receptionist as needing a copy! We will make sure we send copies to your staff in the future. >.As for our requested fees, we have never represented to the court or any party that we entered into an agreement with you or Mr. Thomas Mayes or any other party to charge an hourly fee for our services in the probate case. I think you must be confusing this with the guardianship case. I believe you are wrong about the fees, and instead Ms. Savitt has saved the estate. considerable fees. I think all parties should work quickly to close the probate estate now so that more fees are not incurred by anyone. . Thank you in advance, . Sheri L. Hazeltine, Esq. 800 Palm Trail Plaza, Ste. 3 Delray Beach, FL 33483 Sent from my iPhone On Sep 3, 2013, at 1:25 PM, Christopher Salivar wrote: . Sheri, - . Please ensure that any documents served are properly served on all parties at my office. I just got back into the office from an Out?of-country vacation, and saw your serviCe e-mail below. It was only addressed to me, and not to all primary and secondary e-mail addresses of record for my office in this action. Also, I will be reviewing the filed Petition for Discharge, final actounting, and Petition for Payment of Fees with Thomas, and I expect I will shortly be filing an objection to the final Petition for Fees filed.on behalf of your office and on behalf of Ms. Savitt. - At the hearing which led to Ms. Savitt's appointment as Curator, it was eSpoused by you and Ms. Savitt that it Would be a cost-saving measure to continue having you represent the estate as Curator, and to have the Curator continue billing hourly. I don't know how that has now led to a Petition for payment of a blanket statutory "fee" in excess of $55,000.00 at the very back?end of this case. Sincerely, . . Christopher S. Salivar, Esq. Andrew M. Schwartz, P.A. 101 P1aza.Real.South Suite 218 . Boca Raton, FL 33432 (561)-347-6767 Palm Beach (954) 57449770 Broward (561) 347~6768 Fax - cs@amslaw.biz . CONFIDENTIALITY NOTICE The information contained in this message and any accompanying documents may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this_message to the intended recipient, you are hereby notified that any '.dissemination, distribution or copying of this communication is strictly prohibited. If you' have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. I NOTE DE CONFIDENTIALITE - Ce message at toutes les pieces jointes (cieapres 1e "message") sont etablis a l'intention exclusive de ses destipataires et sont confidentiels. Si vous recevez ce message par.erreur, merci de le.detruire et d'en avertir immediatement? l'expediteur. Toute utilisation de ce message non conforme a sa destination, toute diffusion ou toute publication, totale ou partielle, est interdite, sauf autorisation expressew L'internet ne permettant pas d'assurer l'integrite de ce message, Ubiqus (et ses-filiales) decline(nt) toute responsabilite au titre modifie. - . From: Sheri L. Hazeltine Sent: Tuesday, September 03, 2013 12:19 AM - To: Christopher Salivar; whodawatda@hotmail.com; schambers61@cox.net; kosterbUhr1@cox.net - Cc: 'Betsy Savitt'; 'Randee Parrish' Subject: In re estate of O'Grady Notice of Final Accounting of.? Curator and Petition for Discharge Court Palm Beach County Circuit Court Case Number' Case Style Estate of Helen O'Grady DoCument(s) Served Notice of Final Accounting of Curator and Petition for Discharge. Sender's Name Sheri L. Hazeltine, Esquire Sender's Telephone 561-243-4655 Sincerely, Sheri L. Hazeltine, Esq. Sheri L. Hazeltine Associates, P.AJ -866 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 (561) 243-4655 otfice; (561)243?6933 fax sheri@hazeltinelaw.com ce message, dans l'hypothese ou il aurait ete I . . . . The information in this email is intended for the confidential use of the addressees only. The information is subject to the attorney-client privilege and/or may be attorney work product., Recipients should not file copies of this email with publicly accesSible records. If you are not an addressee or an authorized agent responsible for delivering this email to a designated addressee, you have received this email in error, and any further review, diseemination, distribution, copying or forwarding of this email is strictly prohibited. If you have received this email in error, please notify us immediately at (561) 243-4655 or send an email message to the sender. - . No virus found in this incoming message. CheCked by AVG - Version: 9.0.932 Virus Database: 3222.1.1/6132 - Release Date: 09/02/13 14:34:00 No virus found in this incoming message. Checked by AVG - - . Version: 9.0.932 Virus Database: 3222.1.1/6132 - Release Date: 09/03/13 02:14:00 No virus found in this incoming message. Checked by AVG Version: 9.0.932 Virus Database: 3222.1.1/6134 Release Date: 09/04/13 05:08:00 Christopher Saiivar? From; Sheri Hazeltine [Sheri@hazeltinelaw.com] Sent: - Tuesday, September 03, 2013 2:31 PM To: Christopher Salivar Cc: Randee Parrish Subject: Re: In re estate of O'Grady - Notice of Final Accounting of Curator and Petition for Discharge Dear Chris, Thank you for your message. I apologize if not all staff in your office were copied with the documents we recently filed. I see you had even listed your receptionist as needing a copy! We will make sure we send copies to your staff in the future. . As for our requested fees, we have never represented to the court or any party that we entered-into an agreement with you or Mr. Thomas Mayes or any other party to charge an heurly fee for our services in the probate case. I think you must be confusing this with the guardianship case. I believe you are wrong.about the fees,.and instead Ms. Savitt has saved the estate considerable fees. I think all parties should work quickly to close the probate estate now so that more fees are not incurred by anyone. .Thank you in advance, Sheri L. Hazeltine, Esq- 800 Palm Trail Plaza, Ste. 3 Delray Beach, FL 33483 Sent from my iPhone On-Sep 3, 2013, at 1:25 PM, Christopher Salivar wrote: Sheri, Please ensure that any documents served are properly served on all parties at my office. just got back into the office from an out?of?country vacation, and saw your service e-mail I below. record for my office in this action. . Also,-I will be reviewing the filed'Petition for Discharge, final accounting, and Petition for Payment of Fees with ThOmas, and I expect I will shortly be filing an objection to the final Petition for Fees filed on behalf of your office and on behalf of Ms. Savitt. >?At the hear Ms. Savitt that it would be a cost?saving measure to centinue having you represent the estate as Curator, and to have the Curator continue billing hourly. I don't know how that has now led to a Petition for payment of a blanket statutory "fee" in excess of $55,000.00 at the very back-end of this case. . Sincerely, Christopher S. Salivar, Esq. Andrew M. Schwartz, 101 Plaza Real South Suite 213 Boca Raton, FL 33432 It was only addressed to me, and not to all primary and secondary e4mail addresses of ing which led to Ms. Savitt's appointment as Curator, it was espoused by you and- (561) 347-6767 Palm Beach (954) 574-0770 Broward (561) 347~6768 Fax. cs@amslaw.biz I CONFIDENTIALITY NOTICE - The information contained in this message and any accompanying documents may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible-fOr delivering this message to the intended recipient, you are hereby notified that any' . 3 dissemination, distribution or Copying of this communication is strictly prohibited. If you. have received this communication in errdr, please notify us immediately by replying to the message and deleting it from your computer. Thank you. I NOTE DE CONFIDENTIALITE - Ce message at toutes les pieces jointes (ci-apres le "message") sont etablis a l'intention exclusive de ses destinataires et sont confidentiels. Si vous recevez ce message par erreur, merci de le detruire et d'en avertir immediatement 1?expediteur. Toute utilisation de ce message non conforme a sa destination, toute diffusion ou toute publication, totale ou partielle, est interdite, sauf autorisation expresse. L'internet ne permettant pas d'assurer l'integrite de.ce message, Ubiqus (et ses filiales) decline(nt) toute responsabilite au titre de ce message, dans l'hypothese ou il aurait ete - modifie. - Message--?-~ 6 From: Sheri L. Hazeltine Sent: Tuesday, September 63, 2013 12:19 AM . To: Christopher Salivar; whodawatda@hotmail.com; schamber561@cox.net; kosterbuhr1@cox,net Cc: 'BetSy Savitt'; 'Randee Parrish' . ,Subject: In re estate of O'Grady - Notice of Final Accounting of Curator and isoharge Petition for U?v 9 Court Palm Beach County Circuit Court Case Number CaSe Style Estate of Helen O'Grady Document(s) Served Notice of Final Accounting of Curator and Petition for Discharge. Sender's Name 9 . Sheri L. Hazeltine, Esquire Sender's Telephone . . . . - - . -E 561?243?4655 Sincerely, .Sheri L. Hazeltine, Esq. - I - 7 Sheri L. Hazeltine Associates, P.A. 866 Palm Trail Plaza, Suite 3 'Delray Beach, Florida 33483 (561) 243-4653 office; (561) 243-6933 fax sheri@hazeltinelaw.com The information in this email is intended for the confidential use of the addressees only. .The information is subject to the attorney-client privilege and/or may be attorney work product. Recipients should not file-copies of this email with publicly accessible records. If you are not an addreSsee or an authdrized agent responsible for delivering this email to a designated addressee, you have reCeived this email in error, and any further reView, diseemination, distribution, copying or forwarding of this email is strictly prohibited. (If you have received this email in error, please notify us immediately at (561) 243-4655 or send an email message to the sender. No virus found in this incoming message. Checked by AVG - Version: 9.6.932 Virus Database: 3222.1.1/6132 Release Date: 69/62/13 14:34:66 No virus found in this incoming message. Checked by AVG - . I 'Version: 9.6.932 Virus Database: 3222.1.1/6132 - Release Date: 69/63/13 62:14:66 Christopher Salivar From: Christopher Salivar Sent: Wednesday, September 04, 2013 1:08 PM To: 'She?lmliazemne' . Cc: Andrew M. Schwartz; Christopher Salivar; Randi Scheiblich; Christine Parrott Subject: RE: in re estate of Helen O'Grady - closing estate Dear Sheri,- In response to your e-mail below, my-office corresponded with Daniel through Clark Skatoff prior to its discharge, asking Daniel to voluntarily turn over the property by September 15, 2013, indicating that if he did not, I would move forward seeking an Order from the Court directing him to turn over the parcel (as it is estate property and he has no legally. cognizable interest in it other than his interest in the proceeds which its sale will bring to the estate)., I then forwarded this to him directly via e-mail after Clark Skatoff's discharge, and also asked him to notify me if he still wants to buy the property for $190k. Per my e-mails, if he contacts me by Friday of this week, I'll prepare a Petition for Entry of Order approving sale to Daniel Mayes for $190k, and if he does not I'll begin formal action to obtain entry of an Order directing him to immediately relinquish possession of the property to Tom as P.R. of the Estate. Also, we are in the process of obtaining a CPA to review the acCountings prepared to date, and to prepare a final accounting for the estate which will be filed along with Tom's - Petition for Discharge after the home has been sold, all necessary taxes have been paid, and all final distributions have been made. As to what your office can do to assist this, I would request that the funds taken from the estate's accounts to be held in "trust" be returned until such time as a Court Order is entered authorizing any further payment to any party for fees, costs, etc. I'm not sure Why this was done, but it is unreasonable to take $30,000.00 from the estate's_accounts and_1eave it with no liquid assets to address any incidental expenses of administration, particularly where Tom had prior discussions with Ms. Savitt regarding the preliminary distributions that have been made and at no time was any discussion ever held which addressed Ms. Savitt's and your office's intent-to remove this sum. Christopher S. Salivar, Esq. Andrew M. Schwartz, P.A. 101 Plaza Real South Suite 218 Boca Raton, FL 33432 (561) 347?6767 Palm Beach (954) 574?0770 Broward (561) 347?6768 Fax cs@amslaw.biz CONFIDENTIALITY NOTICE The information contained in this message and any accompanying documents may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or~an.employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any Th" disSemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your cOmputer. Thank you. 1 NOTE DE CONFIDENTIALITE - Ce message et toutes les pieces jointes (cirapres 1e "message") sont etablis a l'intention exclusive de ses destinataires et sont confidentiels. Si vous recevez ce message par erreUr, merci de le detruire et d'en avertir immediatement l'expediteur. Toute utilisation de ce message non conforme a sa destination, toute diffusion ou toute publication, totale ou partielle, est interdite, sauf autoriSation expresse. L'internet ne permettant pas dfassurer 1'integrite de ce message, Ubiqus (et ses filiales) decline(nt) toute responsabilite au titre de ce message, dans l'hypothese ou il aurait ete modifie.' --?--Original - From:.Sheri L. Hazeltine Sent: Saturday, August 31, 2613.8:15 AM To: Christopher Salivar Subject: In re estate of Helen O'Grady - closing estate Dear Chris, Please inform me of what you and your client have been doing to close Mrs. Q'Grady's estate since Mr. Mayes was appointed as the personal representative. For example, I was recently infOrmed your client or your office may have issued . correspondence to Mr. Dan Mayes concerning leaving the homestead property. Please provide a copy of these and any other documents sent out since July 11th regarding the estate to me immediately. Finally, while the curator's accounting has now been filed and we are working towards her discharge, until she is discharged by order of the court the Curator has concurrent authority with Thomas Mayes and must be kept informed of everything he and your office are doing to 'close the estate. See July 11th order issued by Judge Garrison: "Until the Curator is discharged by order of the court, the Personal Representative and the Curator shall have concurrent authority over the assets of the estate." Mrs. O'Grady's estate should be closed very quickly now and we will help however we can. Thank you in advance fer your courtesy, Sheri L. Hazeltine, Esq. . Sheri L. Hazeltine Associates, P.A. 809 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 (561) 243-4655 office; (561) 243?6933 fax sheri@hazeltine1aw.com The infermation in this email is intended for the confidential use of the addressees only. The information is subject to the attorney-client privilege and/or may be attorney work product. Recipients should not file copies of this email with publicly accessible reCordsaddressee or an authorized agent responsible for delivering this email to a designated addresSee, you have received this email in error, and any further review, diseemination, distribution, copying or forwarding.of this email is strictly prohibited. If 2 you have received this email in error, please notify us immediately at or send an email message to the sender. 'No virus found in this incoming message. . ?Checked by AVG - Version: 9.0.932 Virus Database: 3222.1.1/6132 - Release Date: 09/02/13 14:34:00 5 i i .. .A . .. -..- . uh. . . ..- u. - Christopher Saiivar From: Christopher SaliVar Sent: Tuesday, september 03, 2013 1:26 PM To: "SheNIm dazemne' . Cc: Andrew M. Schwartz; Christopher Salivar; Randi Scheibiich; Christine Parrott Subject: RE: In re estate of O'Grady Notice of Final Accounting of Curator and Petition for Discharge Sheri, Please ensure that any documents served are properly served on all parties at my office. I just got back into the office from an out?of?country vacation, and saw your service e-mail below. It was only addressed to me, and not to all primary and secondary e?mail addresses of - record for my office in-this action. Also, I will be reviewing.the filed Petition for Discharge, final accounting, and Petition for Payment of Fees with Thomas, and I expect I will shortly be filing an objection to the final Petition for Fees filed on behalf of your office and on behalf of Ms. SaVitt. At the hearing which led to Ms. Savitt's appointment as Curator, it was espoused by you and Ms. Savitt that it would be a cost?saving measure to continue haying you represent the estate as Curator, and to have the Curator continue billing hourly. I don't know how that has now led to a Petition for payment of a blanket statutory "fee" in excess of $55,000.00 at the very back?end of this case. Sincerely, Christopher S. Salivar, Esq. Andrew M. Schwartz, P.A. 101 Plaza Real Scuth Suite 218 . BoCa Raton, FL 33432 (561) 347?6767 Palm Beach (954) 574?9776 Broward (561) 347?6768 Fax? cs@amslaw.biz CONFIDENTIALITY NOTICE The information contained in this message and any accompanying documents may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or COpying of this communication is strictly prohibited. If you have received this communication in error, pleaSe notify us immediately by replying to the message and deleting it from your computer. Thank you. NOTE DE CONFIDENTIALITE Ce message et toutes'les pieces jointes (ci?apres 1e sont etablis a l'intention exclusive de ses destinataires et sont confidentiels. Si vous recevez ce meSSage par erreur, merci de le detruire et d'en avertir'immediatement l'expediteur. Toute utilisation de ce.message non conforme a sa destination, toute diffusion ou toute pUblication, totale ou partialle, est interdite, sauf autorisation expresse. L'internet ne permettant pas d'assurer l'integrite de ce message, Ubiqus (et ses filiales) decline(nt) toute responsabilite au titre de ce message, dans l'hypothese ou il aurait ete' modifie. 'message") tFrom: Sheri L. Hazeltine Sent: Tuesday, September 63, 2013 12:19 AM To: Christopher Salivar; whodawatda?hotmail.com; kosterbuhrl@cox.net Cc: 'Betsy Savitt'; {Randee Parrish' Subject: In re estate of O'Grady - Notice of Final Accounting of Curator and Petition for Discharge Court Palm Beach County Circuit court Case Number Case Style Estate of Helen O'Grady Document(s) Served Notice of Final Accounting of Curator and Petition for Discharge. Sender?s Name ?Sheri L. Hazeltine, Esquire Sender?s Telephone 561-243-4655 Sincerely, Sheri L. Hazeltine, Esq. Sheri L. Hazeltine Associates, P.A. 800 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 (561)~243e4655 office; (561) 243-6933 fax sheri@hazeltinelaw.com- ~The information in this email is intended for the confidential use of the addressees only. The information is subject to the attorney-client privilege and/or may be attorney work product. Recipients should not file copies of this email with publicly accessible records. 2. I If you are not an addressee or an authorized agent responsible for delivering this email to a designated addressee, you have received this email in error, and any further?review, diseemination, distribution, copying or forwarding of this email_is strictly prohibited. If you have received this email in error, please notify us immediately at (561) 243?4655 or send an email message to the sender. No virus Found in this incoming message. Checked by AVG - . Version: 9.0.932 Virus Database: 3222.1.1/6132 - Release Date: 09/02/13 14:34:00 EXHIBIT Christopher Salivar Stephen M. Chambers [schambers61@cox.net] Faun: Sent: Friday, September 06, 2013 4:54 PM To: - Christopher Salivar Subject: I FW: Helen O'Grady Estate Categories: Red Category From: Steve Chambers Sent: Monday, January 28, 2613 3:48 PM .To: schamber561@cox.net 'Subject: Fw: Helen O'Grady Estate - From: Betsy Savitt Sent: Monday, January 28, 2613 2:14 PM To: daniel mayes; kosterbuhrl@cox.net; thomas mayes; ron Subject: Fwd: Helen O'Grady Estate Folks, I am writing you because there is a hearing tomorrow at 9:45 for.permission to pay off Sunflower Bank loan. This is partly to avoid the expense, (possibly $45,666.66) of hiring . another_attorney to act as curator. I I need to have telephone numbers for Kathy and Staphanie, and ask that you be available by . phone at 9:45. . . . . . Others, please contact your attorney's and see-that they are bringing YOUR opinion on this matter. Sheri Hazeltine is also contacting them today. 'Thank you, Betsy - Forwarded message -- From: Betsy Savitt Date: Fri, Dec 7, 2612 at 1:52 PM 'Subject: Helen O'Grady Estate . To: ron daniel mayes thomas mayes Folksyou know, we are again at the point where there are multiple lawyers asserting . various positions on most aspects of your mother's case. However, we should be able to agree . -. on this one concept; which is that it is better for all of you as Opposed to perhaps the attorneys).to dispose of issues in a prompt and cost effective manner. One such issue deals with the payoff off of the Sunflower Bank note. As you can see from the following forward e- mail, the cost of finalizing this matter is increasing and may reach a new level of expense. I write all of you to see if you all can see~this realit . and put aside your differences for, among other reasons, your own financial well being. - As guardian, I have been handling the loan transactions, meaning its interest payment and in dealing with the Bank on the payoff issue. It seems Clear that the payoff of the loan needs to happen before there is a default and to accomplish, Wells Fargo will assist in selecting the source of funds to accomplish this task, and, each of you may speak to them concerning this matter. Again, little or no cost involved. On the other hand, there is now a suggestion that a curator be appointed, who is a lawyer, charging lawyer fees, to start at the beginning and have to review the file, obtain a series of court orders, become signator on all accounts, etc, to undertake this matter. My reach out to all of you is to ask Why would you want that to occur? The latest series of e?mails going back and forth are now the list-of possible attorneys for curator, which is being discussed endlessly, by again, all the attorneys. We (YOU AND I) can finish this matter up timely and properly at a low cost to all of you by allowing me and Well Fargo to complete the payoff, with notice and approval by you as to the source of your mother's funds to do this. This can be accomplished soon, so there would be no need for more hearings and lawyer expenses etc. As guardian, please consider this request and put aside your differences on.a matter that equally effects all of you. . - If you agree, let me know and tell you lawyers what you want to do and let's get it done. Please let me hear from you, Betsy n. ll Elizabeth "Betsy" Savitt Savitt Guardians 4161 Satin Leaf Ct. Delray Beach, Fl 33445 561-573-1292 Fax 561-496-1559' Elizabeth "Betsy" Savitt Savitt Guardians 4161 Satin Leaf Ct. Delray Beach, Fl 33445 561-573-1292 Fax 561-496-1559 No virus found in this incoming message. Checked by AVG - Version: 9.6.932 Virus Database: - Release Date: 69/66/13 62:35:66 i.