7415? Piling 29428494 E-Filed 07/09/2015 08:44:48 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION ?13? ROBERT PAUL WEIN CASE NO. PETITION FOR ORDER AUTHORIZING AND RATIFYING PAYMENT OF COMPENSATION AND EXPENSES 0F GUARDIAN (September 16, 2014 through July 3, 2015) Petitioner, Elizabeth Savitt, alleges: 1. Petitioner is the duly appointed and acting limited guardian of the person and property of Robert Paul Wein (the Ward). The total amounts of all prior fees paid or costs awarded to petitioner in this proceeding are: Fees: $0.00 Costs: $0.00 3. Petitioner has rendered services and incurred expenses as guardian of the person and property of the Ward from September 16, 2014 through July 3, 2015, as more fully described and set forth in the itemized schedule of services and expenses attached hereto as Exhibit for which petitioner has been partially paid. 4. Petitioner?s records indicate that during the period of time above mentioned, Petitioner has performed services as guardian of the person and property of the Ward in the total amount of 196.95 (.60 hours at No Charge) as re?ected in the attached time sheets. Further, Petitioner incurred expenses in the amount of $237.60. 5. Petitioner is a professional guardian, and based upon the criteria established by Florida Statutes, Petitioner believes that a reasonable hourly rate of compensation for the services performed is $85.00 per hour. Therefore, a reasonable compensation for the services performed and expenses incurred by Petitioner during that period of time is $17,085.35. Petitioner has already received a retainer from the assets of the Ward in the amount of $8,000.00. FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 7/9/2015 8:44:48 AM WHEREFORE. Petitioner requests that an order be entered awarding petitioner reasonable compensation for the services rendered and expenses incuned or the bene?t of the Ward in the total amount of $17.085.35, ratifying the retainer paid from the assets of the Ward in the amount of $8,000.00 and authorizing and directing that compensation and expenses be paid to the guardian 1' rom the assets of the Ward in the total amount of $9085.35. Under penalties of perjury. declare that I have read the foregoing. and the facts alleged are true. to the best of my knowledge and belief. fix-4'77 x? l" raids 4' r?lw Signedon 7 . 2015. Elizalieth Savitt, Petitioner . Ellen S. Morris. Esq. Attorney f0r the Petitioner Florida Bar Number: 850306 ELDER LAW ASSOCIATES PA 7234 W. Palmetto Park Road. Suite 101 Boca Raton. FL 33433 Telephone: (561) 750-3850 Fax: (561) 750?4069 Primary Email: Secondary Email: Secondary Email: TIFI TE VI HEREBY CERTIFY that a copy of the foregoing was served via the e-Portal on this 3: day of July. 2015 to Mr. Daniel Wein. 9717 N. New River Canal Road. #410, Plantation. Florida 33324 (Dwgin??oga'aolggm and and Bruce 5. Rosenwuter. Esq.. Bruce S. Rosenwater Associates. P.A., 1601 Forum Place. Suite 610. West Palm Beach. FL 33401 (info@msenwater.com and EH Ellen 8. Morris, Esq. Florida Bar No. 850306 Savitt Guardians Elizabeth ?Betsy? Savitt 501 Country Club Dr. Atlantis, FL 33462 Phone: 561-573-1292 Fax: 561-439-6765 Account Statement Prepared for Robert Wein Re: Guardianship Previous Invoice Amount $0.00 Last Payment Received $0.00 Previous Balance $03,000.00) Current Charges $17,085.35 Total Due $9,085.35 Matter: Guardianship Robert Wein EXHIBIT Savitt Guardians Elizabeth ?Betsy? Savitt 501 Country Club Dr. Atlantis, FL 33462 Phone: 561-573-1292 Fax: 561-439-6765 Robert Wein Guardian?s Fees 9/16/2014 9/17/2014 9/18/2014 9/19/2014 9/19/2014 9/21/2014 9/21/2014 9/21/2014 9/22/2014 9/23/2014 9/23/2014 9/24/2014 9/24/2014 9/24/2014 9/25/2014 9/25/2014 Invoice Date: July 03, 2015 Invoice Number: 10083 Invoice Amount: $17,085.35 T.C. E. Morris re: new case. T.C. Mitchell Kitroser re: brief background of case. Review documents from court appointed council. Set up tile. T.C. with Mitchell Kitroser, attorney for ward with extensive case history. File notes. Scan and sign guardianship documents to E. Mon-is Preparation of memorandum to ?le. T.C. to set up appointment to see Robert at home. Speak with wife Vita and aide Dorothy. T.C. Daniel Wein, scheduling appointment for pick up of documents. Background information. Initial visit with Robert, Vita and Delores at the home. Collected documentation for the yearly plan. Robert has two Checkbooks he is writing checks on and said he has a new accountant. Initial visit with Daniel Wein. Went over the 2 ?les of documents, background, names and contact numbers of people on loans etc. T.C. to accountant to ?le taxes. E-mail letters. Set up case history, review. Review documents. Forward additional documents to E. Morris. T.C. Delores re: ?nances. Contacting accounts for guardianship. T.C. E. Morris re: update on case and meeting with ward. Continue transfer ofinformation to accounts, introduction to account managers. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. .20 .25 1.20 1.00 .10 1.00 .20 .40 1.50 4.00 1.50 1.50 .30 1.50 .30 1.00 $19.00 $23.75 $102.00 $85.00 $8.50 $85.00 $17.00 $34.00 $127.50 $340.00 $127.50 $127.50 $25.50 $142.50 $25.50 $85.00 9/26/2014 9/26/2014 9/26/2014 9/27/2014 9/27/2014 9/28/2014 9/29/2014 9/29/2014 9/29/2014 9/30/2014 9/30/2014 10/3/2014 10/4/2014 10/6/2014 10/7/2014 10/7/2014 10/7/2014 10/7/2014 Travel to Bank of America re: setting up guardianship account, they do not include debit card without rep-payee documentation. T.C. Delores re: cashing last 2 checks and funds sent to Emilio. T.C. Emilio, Delores, Daniel, (6) re: checks sent to Emilio for 10,000. 5,000 and 5,000. Recovery of $10,000. Robert noted as void. E-mails to attorney on condo, forward contract to E. Morris. E-mail's Daniel re: Copa Cabana interest payments, Emilio checks. Meet with Robert at condo, spoke to Delores outside during private meeting. Continued ?le work. T.C. Relator of condo, Sarah Wasserman. She has many documents need to be completed. Buyer has applied for mortgage. Request a time frame for completion and court approval. Travel to Bank of America for meeting on account opening. Receive and review comps from relator, all over 300,000. E-mail to E. Morris. T.C. Att. Kitroser re: checks to Vita and petition for fees for her. Update on conditions. T.C. E. Morris re: case update, sale of condo, pleadings, accountings. T.C. Copa Cabana, they have my fax, they took message and said neither of the book keepers are available. T.C. Delores, explaining that she works 8 days a week because the days are 24 hours. I did not start and end the payment on the right days. Wants me to come there on Monday. Met with Bob, Delores and Vita. Delores wanted to be paid an extra 2 days in addition to the 800 per week. Refused to discuss the rental check that was returned. Refused to discuss any other bills. Gave me a bag of receipts and wanted to be paid immediately. Got very angry and started yelling. Left and told her I would mail the check. T.C. Jody, Delores called her and complained about Bob and Vita, told her she was quitting. Gave me additional background and suggested they move to assisted living. Discussed having an additional aide. E-mail from Dan concerning placement in assisted living. Research on placement. T.C. Daniel Wein re: placement of Bob, with or without Vita. Discussed ?nances, costs, Vita's status. Making arrangements with Doctors and assisted living facility for placement, evaluation, moving. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. .60 1.00 .40 .10 1.20 1.50 .45 .80 .15 .40 .50 .30 .30 1.50 .40 .80 2.50 $51.00 $85.00 $34.00 $8.50 $102.00 142.50 $42.75 $68.00 $12.75 $34.00 $42.50 $25.50 $25.50 $127.50 $42.50 $34.00 $68.00 $212.50 10/7/2014 10/7/2014 10/7/2014 10/8/2014 [0/8/2014 10/8/2014 10/8/2014 10/8/2014 10/8/2014 10/8/2014 10/8/2014 10/9/2014 10/9/2014 10/9/2014 10/11/2014 10/11/2014 10/1 1/2014 T.C. Delores and Robert for input. T.C. Copa, Eloise the accountant, stated that the owners are out of town one more week. They will contact us upon return. Receive 2013 taxes from Accountant in New York, review, sign and send back. Pay the invoice. T.C. Aide for early tomorrow and Delores to coordinate her schedule. Delores said she will no longer take care of Vita and Bob and wants an aide there for 12 hours. Organized and tallied up expenses from Delores, paid FPL. T.C. Daniel, Bayard from Colony Club Re: getting the move organized. Reviewed lists of items to move. T.C. Aide to coordinate tasks and pick up times. T.C. for Driver to assisted living and to coordinate move. T.C. for 1823 paperwork from Dr.'s of?ce and prescriptions. T.C. Delores and Aide for directions, list of things to do and coordinating the visit from Colony Club staff for evaluation. T.C. Jody with update. E?mail, T.C. from Broker in New York re: signing. Print forms, calculate New York taxes, get documentation notarized. Scan to broker. T.C. Aide for packing and labeling clothes for move. Confirm meeting for Vita and Robert with at Colony Club. Give payment to Aide. Delores not speaking. T.C. Lonnie, director of Colony Club re: Dr. has not responded to the 1823 form they sent. It will not be possible to move them in until Monday now. He will contact another Dr. for Monday. T.C. the Dr. of?ce has stated he needs to see Robert again and can schedule him for next week. Told them that date was unacceptable as he took over practice from a Dr. who has seen him many times. T.C. Lonnie. Vita and Robert are both there, getting paperwork together. they took a tour and are having lunch and enjoying themselves. T.C. Daniel, re: moving, items belonging to Robert, payments made to Delores. Meet with Delores, Robert Wein and M. Kitroser at the Wein apartment. Reconciled with Delores re: monies owed and apartment rented. Discussed moving and ?nancials with R. Wein. Discuss with Robert and Vita the payment ofher attorney fees. Robert does not want to pay. T.C. to organize pick up and move for Monday. T.C. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. .30 $25.50 .50 $42.50 .50 $42.50 .40 $34.00 1.10 $93.50 .50 $42.50 .15 $12.75 .50 $42.50 .20 $17.00 .80 $76.00 1.40 $133.00 .30 $25.50 .30 $25.50 .10 $8.50 .20 $17.00 2.60 $247.00 .40 $34.00 10/13/2014 10/13/2014 10/14/2014 10/14/2014 10/14/2014 10/14/2014 l0/15/2014 10/15/2014 10/15/2014 10/15/2014 [0/15/2014 10/16/2014 10/17/2014 10/17/2014 10/19/2014 10/20/2014 10/20/2014 10/20/2014 The Colony to con?rm time. Meet at the Wein apartment and make sure they are loaded up for the move. Get phone and all paperwork from Delores. Meet them at the Colony, go through the admission process. Meet with driver re: items to be purchased. Give him credit card for purchase of small re?igerator and new ?at screen, and additional things for Robert in his room. T.C. Daniel re: ?nances, and Jodi with update on the move and suggestions for help. E-mail to E. Morris re; update on Vita and the hearing for Wednesday. Schedule driver. T.C. Copa, T.C. Daniel re: call from Anthony Gulliano at Copa. He will fax over the demand note. Send Relator copy of signed documents on condo sale. T.C. Stacy and Dan Wein, re: e-mails from attomey?s. T.C. Colony to coordinate pick up and vehicles to use. T.C. Driver to coordinate help with arrival. Meet the driver and Weins for transporting into the court house. Attend hearing on incapacity. Conference with family and attorneys. Obtain signed letters and orders. Help transfer the Weins to the care of Daniel Wein for transport back to the Colony. Robert asks for cash in his account at the Colony. Travel to Bank of America to report funds held at Chase from Emillio Flores checks. They contacted fraud department then settled on accounting. Need to have Chase generate communication for release to Bank Of America since Bob signed the checks. Obtained copies of all checks in question. Prepare ?les to take to court for incapacity hearing. E-mail to E. Morris re: costs and expenses of Vita. E-mail from E. Morris re: forms and accountings. E- mail to Dan re: Colony issues. E-mails to E-Morris re; accounts, trust, ?lings. T.C. Delores re: payment oflast days work. Paid exam committee. T.C. Colony director re: moving to larger room. T.C. Delores. she is out of money and did not take any from Bob. Wants to make negative comments about Daniel. Said he should not be at the Colony talking to Bob. T.C. Delores, ?nal check to her. Paid Harold orspan. Tax. T.C. To Chase re: Emilio Flores money. Work on veri?ed inventory, sending new letters out to companies. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. 5.00 .50 .40 .30 .50 .40 3.00 1.50 .20 .10 .20 .30 .40 .20 $425.00 $42.50 $34.00 $25.50 $42.50 $34.00 $17.00 $255.00 $127.50 $17.00 $8.50 $17.00 $28.50 $38.00 $17.00 $17.00 $17.00 $127.50 10/20/2014 10/21/2014 10/21/2014 10/21/2014 10/22/2014 10/22/2014 10/22/2014 10/23/2014 10/24/2014 10/25/2014 10/27/2014 10/28/2014 10/28/2014 10/28/2014 10/28/2014 10/29/2014 10/30/2014 10/30/2014 10/31/2014 11/1/2014 11/1/2014 11/2/2014 1 1/3/2014 T.C. Dan Wein for veri?cation of accounts. T.C. Jode re: going over her list ofitems the Wein?s need in new place. Meet with Daniel, Robert and Vita in new room of assisted living. Called nurse in for Robert's catheter problem Discussed with Lonnie the director the inadequacies of the room and his HMO. Discuss health care. E-mail from Attorney on condo. Re-do seller af?davit, notarize and send back. T.C. Vita re: arguing going on with Dan about money issues with Robert. T.C. Comcast. Set up Comcast order on line for assisted living. Booked for Friday. Set up auto pay. T.C. FPL for land line, can not set up by phone or on line. Insist on going to store location. Review Bank of America accounts. Review e?rnail ?'om Jodi and bills from Jodi. Accounting work, billing, T.C. Lonnie at Colony club. Setting up Comcast. Travel to with letters and Roberts 1D, to set up landline. T.C. Colony to schedule. T.C. Colony re; phone set up. Pay new Colony bill. T.C. Dan Wein with questions on income and to contact Copa again. T.C. Copa, John Alvarez, for accounts receivable. Meet with Driver for receipts, payment and list of additional supplies. T.C. Vita. T.C. Angel Comiel at Chase re: Emilio Lopez account. Complete Veri?ed Inventory, copy and scan to E. Morris. Meeting at social security to apply for rep payee. Filing all documents. T.C. Joseph Gunner, requesting original signature on Letter stating guardianship. T.C. Dan re: Larry and Vita?s home equity loan. Bob possibly co-signed. Travel to Wells Fargo to con?rm Bob is not co-signed on any loan. T.C. Dan re: insurance changes, problem with urologist appointment. Getting new primary Dr. Contact info for Larry re: loan at Wells Fargo. T.C. Vita, Dan took Bob to West Side Hospital to check his catheter. T.C. Dan, Robert had pulled his catheter out. Taken to Emergency room instead of the urgent care center. Work on Inventory questions from Lisa at E. Morris of?ce. T.C. Jodi re: concerns about Vita, Larry and Robert E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. .20 .40 3.80 .40 .10 .50 .30 .40 .50 .30 .10 2.50 1.50 .90 .30 .10 .10 .40 $17.00 $34.00 $323.00 $34.00 $8.50 $42.50 $25.50 $34.00 $204.00 $68.00 $17.00 $42.50 $25.50 $8.50 $212.50 $127.50 $17.00 $85.50 $25.50 No Charge $8.50 $34.00 $25.50 11/5/2014 11/6/2014 11/6/2014 11/6/2014 11/6/2014 11/7/2014 11/7/2014 11/8/2014 11/13/2014 11/15/2014 11/15/2014 11/15/2014 11/15/2014 11/16/2014 11/16/2014 11/17/2014 11/17/2014 11/17/2014 11/17/2014 11/17/2014 11/17/2014 11/18/2014 11/18/2014 11/18/2014 11/20/2014 11/21/2014 since her visit yesterday. Revise ?nal inventory and plan. T.C. Dan, confirmation of Care Plus HMO, specialist are 5.00 co?pay, and no hospital co-pay. Scan documents to Care Plus. TC. Copa, wants me to call back Monday. Left message to send check for $8,000. on interest owed. T.C. Angel Comi e1 at Chase. He needs to contact the department that closed E. Flores account. Took auto deposit 10111] to Wells Fargo for signature guarantee. Receive and pay Attorney Fees. Deposit checks to Bank of America. T.C. Fla. Blue Cross HMO re: Bob's coverage. File mail, receive checks from Copa Cabana, e?mail from Chase bank re: Emilio Flores account. Research credit card. Travel to Bank of America, claim filled re: Angel Cornelius at Chase. Contact made between banks. May take up to 90 days. T.C. ATT to cancel internet they added on to billing. Got entire bill credited and cancelled. T.C. Vita, Bob needs electric shaver and other items. Coordinate pick up on Sunday for dinner with Jodi. call back to set up new account wireless and cancel old account. Sending new phone and modem. Print and review new statement from TG Arbitrage. T.C. Vita re: list of things she needs. Clothes are not coming back from laundry. T.C. Dennis to purchase the electric razor, groceries and boxers. Update on new phone number to everyone. Recieve and review box of mail from Delores. Fill out forward address cards for both. File statements. T.C. Vita re: new phone service. E-mail's to Sara about closing of the condo in New York. T.C. to Riverside Memorial chapel, re: payment of Pre?Need Plan. E-mail to Ellen re: payoff petition. T.C. Morgan Stanley Matt Hughes re: funding. Discuss account. Fax letter of instruction. Meeting at B.O.A. to deliver e-mail from Chase and set up recovery case. T.C. Vita re: her cell phone problem. T.C. Midboro for billing and change of address. E- mail request. T.C. Morgan Stanley .C. to Dennis for transportation to dinner and shopping. T.C. Dan re: questions about new HMO, E?mails from Jodi re: Vita?s insurance. Vita wants dentist and ophthalmologist. Questions about new HMO starts E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. .30 .30 .20 .20 .40 .20 .20 .40 1.00 .40 .20 .90 .20 .40 .10 1.00 .10 .20 .30 .10 .50 .10 .40 .10 .50 $28.50 $25.50 $17.00 $17.00 $34.00 $17.00 $17.00 $38.00 $85.00 $38.00 $17.00 $85.50 $17.00 $34.00 $8.50 $85.00 $8.50 $17.00 $25.50 $8.50 $42.50 $42.50 $8.50 $34.00 $8.50 $42.50 11/21/2014 11/21/2014 1 1/23/2014 11/26/2014 1 1/26/2014 11/26/2014 11/27/2014 12/2/2014 12/2/2014 12/4/2014 12/4/2014 12/8/2014 12/10/2014 12/16/2014 12/16/2014 12/17/2014 12/18/2014 12/19/2014 12/19/2014 12/22/2014 12/22/2014 12/22/2014 in Jan. Bob needs oncologist for checking Bob?s dentures need to be re?tted. New insurance card coming. E-mails to Jodi re: Vita's insurance. E-mail to Jodi re: Bob's HMO name for Vita. T.C. Bob?s Urologist. Meet with Dennis to reconcile receipts. T.C. ATT to ?nd out what happened to the delivery. T.C. Jodi re; operation and phone problems. T.C. Vita, she has new phone. T.C. Dan re: pending operation. Paid bills. Check online B.O.A. Signed forms for ATT, delivery set up for 3 days. Deposit checks from Paraveda and refund from deposit on apartment with Delores. E?mails with Dan and Jodi re: Vita's condo that Bob helped pay for that Larry has been living in or 15 years, and possible eviction. Communication with Bank of America and Chase re: the funds from Emilio Flores. T.C. Dr. office re: surgery on the 10th, co-pay, authorization. Contact information. T.C. Vita, phone came in but she is not able to plug in. T.C. ATT for help and request a new number. T.C. Jodi, Vita, need primary, demiatologist and oncologist appointments. T.C. Dan re: Bob's upcoming appointments. T.C. Oncologist. T.C. Dan, re: condo for Vita. There is an equity loan. Larry paid 3,500. Dan provided letter to Vita to pay off loan to close for 146,500. E-mail from Robert Schoefeld re: ?nalizing sale of condo. T.C. Accountant. T.C. Ellen Morris and Harold Forspan, accountant re: tax forms for closing. T.C. Bank ofArnerica Fraud Dept re: case with Emilio Flores. Forward communication from funeral home, pay bills. Additional Social Security check came in, deposit. Reconcile accounts. Pay attorney bills. T.C. Dan re; funding. Send attorney the note from CPA with exemption. T.C. Dan, update on funeral home expenses paid for Bob's friend. Travel to Colony, meet with Vita and Bob. Post surgery going well. Discussed Larry's getting eviction notice. Vita evasive. Bob states it is not right for his son to be evicted. Vita later states someone paid the heloc payment and he is not being evicted. T.C. Bank of America, download forms to return to fraud dept. T.C. Copa for collections. E.S. E.S. E.S. E.S. ES. E.S. ES. E.S. E.S. E.S. E.S. E.S. E.S. E.S. BS. E.S. ES. E.S. E.S. 13.8. 13.1.50 $17.00 $34.00 $17.00 $25.50 $68.00 $17.00 $17.00 $34.00 $25.50 $17.00 $42.50 $25.50 $17.00 $42.50 $34.00 $34.00 $17.00 $34.00 $8.50 $17.00 $127.50 $42.50 12/23/2014 12/23/2014 12/23/2014 12/23/2014 12/26/2014 12/28/2014 12/28/2014 12/29/2014 12/29/2014 12/29/2014 12/30/2014 12/31/2014 1/1/2015 1/2/2015 1/4/2015 1/6/2015 1/9/2015 1/9/2015 1/11/2015 1/13/2015 1/13/2015 T.C. Copa, Eloise, re: payment coming every month before the ?rst. T.C. John Hancock re: getting funds from annuities. T.C. Dan for contacts. T.C. Morgan Stanley re: John Hancock annuities. Travel to B.O.A for signatures on forms for fraud and condo sale. T.C. ATT re: billing, overcharge by $40.00. Bill pay and ?ling mail. Review documents from Dan. E-mail E. Morris re: going forward on Trust issues. T.C. B. Of America, they are using my 8.3. number on account, request information on fraud. Mail and fax fraud claim. T.C. Matt Hughes from Morgan Stanley, he is having dif?culty with Larry Wein. Reviewed stock and advice to sell a poor mutual fund. Sent Hohn Hancock annuity statements to have them umbrellaed under Morgan Stanley. Faxed request to John Hancock for disbursement. T.C. John Hancock for instructions. T.C. CPA and attorney for closing. E-mail CPA closing documents. Deposit check from Copa. Billing and ?ling mail. T.C. John Hancock re: annuity. T.C. Morgan Stanley re: transferring annuity. E-mail to E. Morris with back up documents about trust. E-mail to Sara re_ smoke alarm docmnent. Set up driver for Wednesday dinner with family. Check on cheaper method of travel. T.C. the colony, they only suggested a company with wheelchair li?s. E-rnail to Relator the maintenance fee bill to settle at closing. T.C. Jodi Rich, reporting that Vita fell out of bed. The twin mattresses are too soft and they are both sliding off bed to the ?oor. Suggest we purchase a new King set. She will purchase at Costco along with new bedding. Billing and ?ling mail. T.C. Jodi re: Vita needs more cash in account at colony for dry cleaning and hair/nails. Sent check to Colony. T.C. Dan Wein re: appointments for Robert, petty cash. E-mail realtor re: locating keys, funds from sale of condo and closing documents. T.C. E. Morris of?ce re: Paraveda documentation, package from condo closing, amending the inventory. Forward documents. Review of guardianship law concerning revocation of a revocable or irrevocable trust. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. .25 .30 .60 .20 .40 .50 .40 .40 .30 .90 .20 .15 .20 .20 .40 .60 .60 .40 .40 $17.00 $21.25 $25.50 $51.00 $17.00 $34.00 $42.50 $34.00 $34.00 $17.00 $25.50 $76.50 $17.00 $12.75 $17.00 $17.00 $34.00 $57.00 $51.00 $34.00 $34.00 1/15/2015 1/17/2015 1/18/2015 1/21/2015 1/21/2015 1/21/2015 1/27/2015 1/28/2015 2/3/2015 2/4/2015 2/5/2015 2/6/2015 2/6/2015 2/8/2015 2/9/2015 2/9/2015 2/9/2015 2/10/2015 2/10/2015 T.C. Mike Bondello Joseph Gunner re: account. T.C. Jodi, Vita is in hospital. T.C. Colony for extra care of Robert. T.C. Robert to pass on update of Vita. T.C. Nurse at the Colony, Bob is coping well, no pain, asked about Vita and misses her. Catheter is doing well, clean, no problem. T.C. Detective from DCF case ?led by Jodi Wein. Detective reviewed history, asked for an of?cial statement. T.C. Dan re: questions about DCF complaint, who ?led it? Vita?s update, Bob's phone and health issues. Billing and ?lling. E-mail from Dan re: appointments. Billing and ?lling mail. Deposit checks Paraveda and Copa. T.C. Robert Wein, made a statement re: wants to stand corrected about Dan, wants to revoke anything negative he ever said. He wants to include him in his estate for all the care he has given to him over the years. T.C. Colony staff for requests for Robert. Letter from J. Rich re: new billing on Vita. Pay bills. ?ling. T. C. Dan Wein re: Larry being evicted from condo. T.C. Robert re: worried about Larry. Review documents. T.C. Dan, Bob especially mad about the deceased designation for Dan. Larry very upset, needs attomey. Vita non cooperative. Colony T.C. re: Vita needs additional care. She will be bumped up to a new higher rate. Conference with E. Morris re: issues with Vita, Larry, trust. Billing for furniture, newspaper. Filing tax forms. T.C. Colony re: items for Bob needing to be purchased. T.C. Dan re: meeting with Ellen. Con?rm he will transport Robert. Petty cash issue at Colony. T.C. Jonathan Seigel re: payoff of $75,000 for loan to business. Ham radio communication. E-mail contact information and he will come back with a plan at end of Feb. Resercli closing documents on condo. E-mail to R. Schone?eld for ?nal closing documents. Scan and fowvard documents on condo to E. Morris of?ce for inventory. Meeting with E. Morris, Robert Wein. Preparation, meeting and getting statements from Gunner from Dan Wein, sending to wrong address. T.C. Riverside for payoff ?nal amount. E-Mail communication with E. Morris re: eviction. ES. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. 13.8. 13.8. ES. .30 .50 .20 .40 .30 .50 .50 .15 .50 .30 .40 .50 $25.50 $42.50 $17.00 $34.00 $25.50 $42.50 $42.50 $12.75 $42.50 $25.50 $25.50 $25.50 $59.50 $17.00 $17.00 $34.00 $17.00 $42.50 2/10/2015 2/11/2015 2/12/2015 2/12/2015 2/19/2015 2/23/2015 2/23/2015 2/23/2015 2/24/2015 2/25/2015 2/26/2015 2/28/2015 3/3/2015 3/3/2015 3/4/2015 3/6/2015 3/7/2015 3/17/2015 3/19/2015 3/19/2015 3/20/2015 3/20/2015 3/20/2015 Complete notes from meeting. Letter to E. Mom's re: marriage, meeting with attorney for Jodi Rich. T.C. E. Morris re: meeting with Jodi Rich over eviction. Research on annulment ofmam'age. Discussions over case history and billing. E-mail to Dan Wein for more documentation. Follow up e-mails to E. Morris re: annulment and meetings with Rosenwater. Text from Jodi Rich re: new owners and food quality going down. Suggest they need a fancier facility. Review petitions from E. Morris of?ce. E-mail communications re: petitions and payments to attorneys. Billing and ?lling for accounts. T.C. Morgan Stanley re: setting up checking/deposits. Review petitions, sign/scan. Text from Jodi re: ordering food to be delivered. T.C. Colony re: vinegar supply, sent Lonnie check to re-supply cash account. Bill pay, ?le, billing. E-mail from Stacy re: condo hearing against Larry on 2/26. T.C. Craig Hoogstra Att. Mail out check to cover cost of representation per Bob's request. Paraveda and Copa checks in. Record and deposit. Colony billing. Tax information ?led. Review billing from Jordan Klingsburg. T.C. to of?ce to settle account. T.C. J. Klingsburg of?ce. Review history of case, position of law ?rm, creation of trust documents. Notes to ?le re: Dr. Melo - Oncologist biopsy, Dr. S. Frankel - Dermatologist re: MOS surgery. E-mail to BZG insurance to cancel Bob's homeowners. Scan and forward documentation. Email Dan re: medical issues. Visit with Robert at Colony, meet with staff. Accounting, billing. T.C. The Colony, Bob's catheter is twisted. He will go to emergency room. T.C. Dan, it is ?xed and he is back. Update on procedures. T.C. Mat Hughs re: taxes. Review account, designate place for funds from sale of condo. Review ?les, gather tax documents, review, print, scan to accountant. T.C.'s for missing documents to banks. ?rms. T.C. Harold ForSpan accountant. Gave list of additional documents needed. Research ?le. E-mail to E. Morris re: taxes and annulment. Copy and account for check writing from Bank of America account in Aug/Sept. and Guardianship E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. .10 .50 .50 .40 .50 .30 .40 .50 .25 .20 1.40 .50 .30 3.00 .50 .20 1.50 $21.25 $102.00 $17.00 No Charge $42.50 $42.50 $21.25 $34.00 $42.50 $25.50 $34.00 $42.50 $21.25 $25.50 $17.00 $1 19.00 $42.50 $25.50 $42.50 $255.00 $42.50 $17.00 $127.50 3/23/20] 5 3/24/2015 3/25/2015 3/27/2015 3/27/2015 3/27/2015 3/27/2015 3/29/2015 3/30/20] 5 3/30/2015 3/31/2015 4/2/2015 4/3/2015 4/4/2015 4/6/2015 4/6/2015 4/6/20] 5 4/6/2015 4/6/2015 4/6/2015 4/7/2015 account for H. Forspan accountant. Scan and e-mail to him. Review e?mail response from petitions. Billing and ?lling. Research and e-mail more information to accountant. T.C. Dan, report that Robert had his MOS surgery and they went down to the bone. Discussion with Dr. if he can sustain some radiation. Further discussion re: eviction of his son Larry by his wife Vita. Larry at homeless shelter. Vita will not discuss it with Robert. E-mail Jodi Rich, cash funds at the Colony are 10w. T.C. Colony re; spending habits. T.C. Dan re: Conversation with Vita, Robert. Help for Larry. T.C. Colony re: funds in account, accounting. Lonnie Steckler re: Larry calling and threatening to ?y down to talk to Vita. Reported him to police in Sunrise. T.C. Lisa at a Elder Law. E-mail re: issues with Larry from the Colony. Review mail, bills, statements. E-mail to E. Morris re: Vita's billing. E-mail ?om Jodi, Dan, Stacy re: Passover dinner. billing and accounting. Deposit checks to Bank of America, set up meeting with manager for past checks and chase problem. Meet with banker at Bank of America to get copy of check Robert wrote for funeral expense for refund. Re-opened new investigation for monies held at Chase from Emilio Flores. E-mail to E. Morris re: message from Jodi Wein re: Vita. Notes to ?le from stockbroker. E-mail to Morgan Stanley. Review ?le. Speak with Robert re: helping Larry. Received 180.00 transportation bill for Vita from Jodi Rich. Review e?mails from family members. Prepare for conf. with E. Morris. Telephone cent. with Ellen Mom?s. E-mail from E. Morris re: Vita Wein. E-mail from Stacy Wein re: update on Larry. Reiterate to her Bob's request to help Larry. Review package from Joseph Gunner/Michael Mondiello. E-mail return request for corrected paperwork. Review E?mail from E. Morris, review ?nancial accounts. Mail proceeds from condo to Morgan Stanley. T.C. Mike from Gunnar, moving to Cantella Co. Fax E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. .40 .40 .20 .40 .30 .50 .40 .90 .40 .50 .40 .10 .80 .70 .10 .30 .10 .25 $34.00 $34.00 $17.00 $34.00 $25.50 $42.50 $21.25 $34.00 $76.50 $34.00 $42.50 $17.00 $133.00 No Charge $68.00 $59.50 $8.50 $25.50 $17.00 $8.50 $21.25 4/8/2015 4/8/2015 4/8/2015 4/8/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/10/2015 4/10/2015 4/10/2015 4/10/2015 4/13/2015 4/13/2015 4/13/2015 4/14/2015 4/14/2015 4/19/2015 4/20/2015 4/20/2015 4/21/2015 4/21/2015 4/21/2015 4/22/2015 4/22/2015 4/22/2015 4/23/2015 guardianship paperwork. lssue conceming titling account in trust. No trustee available. Accounting, T.C. Gunnar, T.C. Dan re: statements. E?mail to E. Morris re: petitions. Sent budget, income and expenses. E-mail E. Morris re: petition for trustee. Receive additional bills from Robert Wein, T.C. Consumer Cellular, fax guardianship papers, get account closed and fees waived. Review and respond to E-mail from E. Morris re; petitions. T.C. Dan re: requests from Robert re: paying for transportation from Jodi Rich. T.C. Harold Forespan re: tax. Send requested documents. E-mail from Lonnie re: letter to describe level of care for write off. Receive and print Gunner statement. T.C. Mondiello. Send closing statements to Harold. T.C. Dan re: MOs surgery, updates. Send check from BOA to David Shor, attorney for estate. Request reimbursement paid to Alvarez for funeral of Sebring. T.C. TIG re accounts. E-mail accounts to broker for advice. T.C. Morgan Stanley re: transfer of accounts. from accountant re: taxes. Review and respond. Review e-mails from Dan, Ellen, re: petitions. Receive and review statements, review ?le. Respond e?rnails to Dan, Ellen re: petitions. E-mail correspondence to Morgan Stanley re: transfer of account. Sent documentation. E-mail Dan re: my upcoming visit to Bob. T.C. and receive Transfer forms from Morgan Stanley. Scan back application. E-mails from Jodi Rich and Dan Wein re: health care. T.C. Dan re: Larry's condition. Payment made but still no access to storage. Robert's weight loss issues. T.C. to Jodi Rich re: Larry. T.C. Dan re: nurses suggestions for eating and getting aide for dinner. Visit with Bob at the Colony. T.C. Matt Hughes re: account consolidation, portfolio, documents to transfer accounts, stocks, bonds, price of Reits unknown. Attend meeting with E. Morris re: petitions. Review ?le on TIG and Gunnar. Consolidate statements. T.C. Morgan Stanley, T.C. J. Gunnar re: assets. Travel to bank for Medallion signature. Scan statements to Morgan Stanley. Review ?les. ES. E.S. E.S. ES. E.S. E.S. BS. 13.8. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. ES. E.S. E.S. E.S. 1.50 .40 .15 .30 .10 .20 .20 .20 .10 .30 .30 .30 .20 .20 .25 .30 .80 1.00 .50 $127.50 $34.00 $12.75 $25.50 $42.50 $8.50 $17.00 $17.00 $21.25 $21.25 $17.00 $8.50 $25.50 $25.50 $25.50 $17.00 $17.00 No Charge $25.50 $17.00 $21.25 $25.50 $102.00 $68.00 $85.00 $42.50 $110.50 4/23/2015 5/4/2015 5/4/2015 5/7/2015 5/8/2015 5/8/2015 5/9/2015 5/9/2015 5/11/2015 5/11/2015 5/11/2015 5/12/2015 5/13/2015 5/13/2015 5/13/2015 5/13/2015 5/14/2015 5/15/2015 5/18/2015 5/18/2015 5/18/2015 5/19/2015 5/19/2015 5/19/2015 T.C. Paraveda re: investment. Sending next interest check and meeting next week for review of account. Research request for purchase of bonds. E-mail to David Shor for the $9,282.50 reimbursement. Visit with Robert Wein, meet with aide, Dan, Vita. Bob has gained 3 LBS since she started sitting with him for dinners. Communication with Jodi Rich re: billing. Communication with Morgan Stanley re: title of account. Sent new trust agreement. Review of E- mail ?'om E. Morris re: annulment of marriage. E?mail to Jodi Rich re; payment. Billing and ?lling. T.C. Paraveda, re: investment of 2 years ending. Sending interest check. Cashing out original investment. Will only send check. Notes to ?le from Morgan Stanley investments. ax to Henrietta at Riverside re: collection of Ed Silberring dept. E-mail to Attorney David Shor. T.C. to Riverside. Review of communication from B. Roscnwater and E. Morris re: annulment. T.C. Riverside, they found checks and sent to Attorney. T.C. Lonnie at Colony. Suggest getting dentures and putting Bob in his own room with additional aide, because his bed is further away from the bathroom. He states Vita is complaining about everything. T.C. Dan re: marriage/divorce/separation documentation. Taxes, investments, respond to E- Morris e-mails for information for hearing. Update accounting. T.C. E. Monis re: Original marriage/divorce certi?cate, more issues concerning deposition. to New York state agencies to track down documents and get instructions. Obtain updated guardianship orders to submit to New York. Review e?mails from E-Morris re: marriage. Paying for aide, reconcile billing. T.C. Ellen Morris re: deposition. Research ?les for requests. T.C. Matt Hughes Morgan Stanley. Update on accounts, trusts. Questions about Larry and how to best handle requests about accounts by telephone. Discuss Paraveda ?inds. Review E-mails from E. Morris. T.C. Clerk for records. Prepare for deposition. Prepare documents for deposition. Review billing. Attend deposition, meeting with E. Morris. File documents, research communications. Research clerk oi?court in Kings County. Prepare ES. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. ES. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. ES. .30 $25.50 .15 $12.75 .15 $12.75 2.00 $170.00 .80 $68.00 .40 $34.00 .20 $17.00 .10 $8.50 .30 $25.50 .20 $17.00 .10 $8.50 .40 $34.00 .50 $42.50 1.00 $85.00 .20 $17.00 .70 $59.50 .40 $34.00 .20 $17.00 .50 $42.50 .50 $42.50 .50 $42.50 1.40 $119.00 6.00 $510.00 3.00 $255.00 5/19/2015 5/19/2015 5/19/2015 5/19/2015 5/20/2015 5/20/2015 5/21/2015 5/22/2015 5/22/2015 5/25/2015 5/25/2015 5/25/2015 5/25/2015 5/26/2015 6/1/2015 6/3/2015 6/3/2015 6/3/2015 6/4/2015 6/8/2015 6/8/2015 6/8/2015 6/9/2015 6/9/2015 6/9/2015 6/9/2015 (3/10/2015 6/10/2015 6/10/2015 6/10/2015 6/10/2015 6/10/2015 6/10/2015 6/11/2015 6/12/2015 letters to court. Obtain notary. Get updated orders. Travel to Delray courthouse for certi?ed copies of documents. Travel to West Palm Beach courthouse for copies of documents. Travel to bank for money orders. T.C. Aide. Aides description of progress in gaining weight. T.C. from Robert Wein. Notes to ?le. Notes re: Roberts telephone conversation. E-mail to Ellen Monis. Scan documents. T.C. Robert and Vita Wein. Review petition from E. Morris of?ce, sign and scan. T.C. Robert Wein from the room phone. Visit with Robert Wein. T.C. to aide. E-mail to E. Morris. Conversations with Bob and Vita Create task list. T.C. Dan re: update on Larry. Billing and ?lling. Review ?le and print e-mails for deposition. T.C. E. Morris of?ce. Scan checks to E. Morris of?ce. Print and redact e-mails for deposition. Prepare ?le for meeting with E. Morris. Travel to court house for Marriage License Application certi?ed. Meeting with Ellen Morris Review and printing additional documents. Prepare for and attend deposition. Meeting with Dan Wein re: additional documents and recordings of conversations with Robert Wein. Pay bills at Colony, Vita's additional billing for laundry and personal. File statements. Billing. Review notes for deposition. Prepare for Deposition. Attend deposition. Print additional e-mails for Attorney Rosenwater, scan to E. Morris of?ce. Prepare billing, review notes. scan to E. Morris. T.C. Dr. Gotlinger, Urologist. Fax and send request for records. T.C. TIG investments. Scan and fax guardianship orders again. Request forms for transfer of hands. Scan documents to E. Morris of?ce. Send additional request for records to Queens county clerk. Get bank check. .C. Vita to remind Robert of Urologist appointment. Robert was sleeping. Searching for Delores Bryant. Meet Robert at Dr. appointment. Drive Robert back to Colony. Meet with staff re: Food. Cash account. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. .70 .30 .20 .10 .15 .20 .30 .10 .20 .10 2.50 .20 .20 .30 .40 .20 .15 4.00 1.00 1.50 1.50 1.50 2.20 1.50 1.50 3.00 .50 1.50 .30 .40 .90 .10 .30 2.40 $59.50 $25.50 $17.00 $8.50 $12.75 $17.00 $25.50 $8.50 $17.00 $8.50 $212.50 $17.00 $17.00 $25.50 $34.00 $127.50 $17.00 $12.75 $340.00 $85.00 $127.50 $142.50 $127.50 $187.00 $127.50 $127.50 $255.00 $42.50 $127.50 $25.50 $34.00 $76.50 No Charge $25.50 $204.00 6/12/2015 6/16/2015 6/18/2015 6/18/2015 6/18/2015 6/19/2015 6/19/2015 6/23/2015 6/24/2015 6/25/2015 6/25/2015 6/25/2015 6/25/2015 6/26/2015 7/2/2015 7/3/2015 7/3/2015 SUBTOTAL: Costs 10/15/2014 10/29/2014 11/15/2014 12/31/2014 1/6/2015 1/12/2015 1/27/2015 3/30/2015 5/19/2015 5/21/2015 6/9/2015 SUBTOTAL: clothing, telephoning from Larry Wein. Request help. Review admissions and interrogatories to Vita Wein ES. .40 $34.00 and ?le. Research for Divorce records online, by phone, and ES. 1.00 $85.00 mail. E?mails to Ellen Morris re: trust and petitions. ES. .20 $17.00 Paying bills and ?lling. ES. .20 $17.00 T.C. Dan, Dr. Polkoff appointment moved from the ES. .10 $8.50 26 to the 25. Asked him to attend in my place re: con?ict. Review and re-?le documents from meeting with ES. .40 $34.00 Ellen Morris. Review billing records redacted by E. Morris. ES. .30 $25.50 Pay bills, reimbursement to Jodi Rich. Filling. ES. .50 $42.50 T.C. Robert from the Colony re: his investments. ES. .20 $17.00 T.C. Dan re: appointment with primary Dr. Polakoff. ES. .40 $34.00 Supplying additional food and additional aide. Notes to ?le. T.C. Matt Hughes re: investment ofParaveda funds ES. .30 $25.50 and T.C. from Larry Wein. Notes to ?le. T.C. with Matt Hughes. ES. .10 $8.50 Bob?s Primary Dr. appointment. ES. .10 $8.50 T.C. Caring associates. Discuss Robert's progress ES. .25 $21.25 and add 2 hours to Doris' schedule. T.C. Dan, dropped off the additional protein items. Pay bills, review billing and ?ling statements. ES. .30 $25.50 E-mail to E. Morris. Copy billing and forward to ES. .30 $25.50 of?ce. T.C. Dan re: medical and trust references. ES. .20 $17.00 196.95 $16,847.75 Clerk of court fees for certi?ed documents. $31.00 Copy 52 .20 $10.40 ATT charge $9.95 Copies 28 .20 $5.60 Fed Ex charges for condo documents. $72.00 Postage $4.90 Postage $9.80 Postage $9.20 Copies 45 .20 $9.00 Copies, money orders for document request in New York. Clerk fees. $27.75 Copies 240 .20 $48.00 $237.60 TOTAL: $17.085.35 PREVIOUS BALANCE (CREDIT): $8,000.00 CURRENT BALANCE DUE AND OWING: $9,085.35 Filing 29405751 E?Filed 07/08/2015 03:08:31 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000472 Probate Division IB IN RE: THE GUARDIANSHIP OF ROBERT PAUL WEIN, The Ward. MOTION FOR SANCTIONS AND REMOVAL OF GUARDIAN Comes now, Vita Wein, by and through the undersigned counsel and as an interested person in these proceedings under Fla. Prob. R. 5.060, hereby moves this Court pursuant to Fla. Prob. R. 5.660 and Sections 744.474 and 744.108, Florida Statutes, to sanction the Petitioner, Elizabeth Savitt (Petitioner), together with her attorney in this action, and to remove the Petitioner as guardian for the Ward, and states as grounds: 1. Fla. Prob. R. 5.660 authorizes an interested person in a guardianship proceeding to petition the Court for removal of a guardian. 2. Section 744.474, Florida Statutes (2014), sets forth the reasons for removal of a guardian. It is essential to the proper conduct and management of a guardianship that the guardian be independent and impartial. The fiduciary relationship that exists between the guardian and the ward may not be used for the private gain of the guardian, other than the payment of fees and expenses reimbursable to the guardian as provided by law. Section 744.474 permits the removal of a guardian for failing to discharge duties, abusing guardianship powers, and developing of a conflict of interest between the ward and the guardian, among other reasons. 3. Certainly the Petitioner, as guardian of the Ward, has a ?duciary duty to the Ward to not take any action that results in private gain of the Petitioner or any of her agents, including her attorney. Reed v. Long, 111 So. 3d 237 (Fla. 4th DCA 2013). FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 7/8/2015 3:08:31 PM 6192- 4. On June 10, 2015, the Petitioner testi?ed in her deposition that she has paid herself $8,000.00 in guardianship fees and her attorney $8,861.65 in attorney?s fees, from the Ward?s guardianship account, all without prior court approval. At the time of her testimony, the Petitioner was unable to produce any billing records to substantiate the disbursements made from the guardianship account which contains substantial assets belonging to the Ward. 5. Section Florida Statutes (2014), entitles guardians and attorneys to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward; however, the entitlement to fees and costs is not without limitation. Pursuant to Section the Court is required to consider a number of factors before awarding fees and costs to a guardian or attorney for the ward. In addition, the guardian or attorney is required to provide an itemized description of the services performed for the fees sought to be recovered. Section Florida Statutes (2014). 6. Here, the Petitioner and her attorney took disbursements from the Ward?s guardianship account without first petitioning the Court to make a determination of the reasonableness of the disbursements in light of the factors to be considered pursuant to Section Furthermore, the Petitioner has failed to itemize the services performed for the fees already disbursed. When the Petitioner was first deposed in this action and later noticed for a subsequent deposition, a formal request was made for the production of the Petitioner?s itemized billing statements. Still, the itemized statements were not produced and have yet to be produced to the Court or Vita Wein. So far, the Petitioner and her attorney have collected fees from the guardianship account without petitioning the Court for the same and prior to itemizing the services for which the fees were disbursed. This conduct breaches the ?duciary duty owed to the Ward and is in direct violation of Florida Statutes. 7. It is also believed that Petitioner has created a con?ict of interest with the Ward requiring removal. The Petitioner has had several written and verbal communications with Daniel Wein, the brother of the Ward, and other members of Daniel Wein?s family, for the purpose of amending the Ward?s trust to include a provision paying $150,000.00 from the trust?s assets to Daniel Wein. It 2 appears from deposition testimony of the Petitioner that Daniel Wein is surreptitiously directing the Petitioner?s conduct in this action for his own ?nancial gain. 8. Acting according to Daniel Wein?s demands, the Petitioner has failed to exercise any independent judgment in this action and as a result has navigated these proceedings without considering the best interest of the Ward or his assets. 9. The deposition of Jordan L. Klingsberg, Esq., who was a former attorney of the Ward for purp0ses of estate planning, revealed that the Ward wished to foreclose Daniel Wein from the Ward?s trust because Daniel Wein was stealing from the Ward?s assets. Nevertheless, the Petitioner is seeking to amend the Ward?s trust for the sole benefit of Daniel Wein. 10. Vita Wein fails to comprehend how such an amendment would be bene?cial to the Ward when it is so undeniably against the Ward?s previously expressed desires to exclude Daniel Wein from the Ward?s trust. 11. Finally, the Petitioner is attempting to annul the longstanding marriage between the Ward and Vita Wein, despite the Ward?s requests to the contrary. During her deposition on June 10, 2015, the Petitioner testi?ed that the Ward wanted to keep things the same and continue supporting his wife, Vita Wein. Nevertheless, the Petitioner continues to pursue a petition ?led for the purpose of ultimately annulling the Ward?s marriage. During the entirety of this action, the Petitioner has systematically disregarded the desires and best interests of the Ward. 12. The course of action undertaken by the Petitioner and her attorney is unconscionable, at best, and sanctionable in all regards. 13. For the foregoing reasons, the Petitioner and her attorney should be sanctioned and the Petitioner should be removed as guardian for the Ward. In addition, the Petitioner and her attorney should be ordered to pay the reasonable attorney?s fees and costs of Vita Wein, who pursues the relief sought herein for the bene?t of the Ward and his assets. WHEREFORE, Vita Wein reSpectfully requests this Court to enter an order removing the Petitioner as guardian of the Ward, sanctioning the Petitioner and her attorney for receiving disbursements from the guardianship account without Court approval, awarding attorney?s fees and costs to Vita Wein, and entering such further relief as the Court deems just under the circumstances. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 7, 2015, a copy of the foregoing was e-?led with the Court and sent to Ellen S. Morris, Esq., Elder Law Associates, P.A., 7284 W. Palmetto Park Road, Suite 101, Boca Raton, FL 33433 by e-service at and Daniel Wein, 9717 N. New River Canal Road #410, Plantation, FL 33324 by e-service at and stacyweinff?aolcom; and Jordan L. Klingsberg, Esq., 2101 NW. Corporate Blvd., Suite 107, Boca Raton, FL 33431 by e-service at atiklinasbergml?oridataxxom. BRUCE S. ROSENWATER ASSOCIATES, P.A. Counsel for Vita Wein 1601 Forum Place Suite 610 West Palm Beach, Florida 33401 T: 561.688.0991 IF: 561.688.0581 infoE?rosenwatcrcor-n bsrt?irosenwatcreorn ,3 I. S. 7 re re; Filing 29422968 E-Filed 07/08/2015 05:38:59 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000472 Probate Division IB IN RE: THE GUARDIANSHIP OF ROBERT PAUL WEIN, The Ward. VITA PETITION FOR SURCHARGE Comes now, Vita Wein, by and through the undersigned counsel and as an interested person to the Guardianship of Robert Paul Wein (Ward), and pursuant to Section Florida Statutes (2014), hereby ?les this Petition for Surcharge against the Petitioner, Elizabeth Savitt (Guardian), and states: 1. By order of this Court on October 15, 2014, the Guardian was appointed as limited W11 of the person and property of the Ward. Along with this appointment came important responsibilities and duties to be discharged by the Guardian, expressly codi?ed and governed by the Florida Statutes. 2. Section Florida Statutes (2014) requires the Guardian to be independent and impartial, to not use the ?duciary relationship with the Ward for private gain, and to avoid con?icts of interest in the discharge of the Guardian?s duties. 3. If the Guardian engages in any activity prohibited by Section 744.446, said activity is voidable during the term of the guardianship and the Guardian is subject to removal and personal liability through a proceeding for surcharge.l Section Florida Statutes (2014). A ?surcharge? is an adversarial proceeding in guardianship court which allows property to be recovered from a guardian who had breached the ?duciary duty owed to the ward. Reed v. Long, 111 So. 3d 237, 238 (Fla. 4th DCA 2013). The purpose of a surcharge award is to make the ward?s estate whole when the guardian?s actions cause loss or damage. (internal citations omitted). 1 FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 7/8/2015 5:38:59 PM 4. This Court has an obligation to ensure that the Ward is adequately protected from breach of the Guardian?s ?duciary duties. Section Florida Statutes (2014). 5. The purpose of this Petition for Surcharge is to obtain ?nds that were unlaw?illy diverted from the Ward?s guardianship account and to prevent further misconduct by the Guardian which would cause undue loss to the Ward?s assets currently being held in trust. This Petition for Surcharge is guided by the existence of a ?duciary duty of the Guardian, and the breach of that duty which has proximately caused damages to the Ward. Reed, 111 So. 3d at 239. 6. The unlawful diversion of the Ward?s funds, and potential further loss of the Ward?s assets held in trust, proximately results from the Guardian?s failure to exercise her independence and impartiality during the discharge of her duties as guardian of the Ward, the Guardian?s private gain from the Ward?s assets, and the Guardian?s creation of a con?ict with the best interests of the Ward. 7. Several of the Guardian?s actions in this case have been pursued at the instruction of Daniel Wein, the brother of the Ward who is believed to have previously misappropriated the Ward?s assets. Produced at the Guardian?s deposition on June 10, 2015, werem'several e-mails to the Guardian that exposed Daniel Wein?s demands to (I) annul the Ward?s longstanding marriage to Vita Wein, and (2) add a provision to the Ward?s trust for the payment of $150,000.00 to Daniel Wein from the Ward?s assets. These demands directly contravene the intentions of the Ward to remain married to Vita Wein and to preclude Daniel Wein from receiving any assets from the Ward?s trust due to Daniel Wein?s prior misappropriations. 8. Nevertheless, the Guardian has ?led petitions in this guardianship seeking to annul the marriage of the Ward and Vita Wein, and to have the Ward?s trust amended for the bene?t of Daniel Wein. In doing so, the Guardian?s dependence on, and partiality to, Daniel Wein is apparent and has created a con?ict of interest in her ?duciary relationship with the Ward. Disregarding her duties to the Ward, the Guardian is proceeding at the behest of Daniel Wein and other family members of the Ward who continue to be guided by greed in their pursuit of the Ward?s assets. 9. Even worse, perhaps, is the fact that the Guardian has used her ?duciary relationship with the Ward for her own ?nancial gain, as well as that of her attorney. During her deposition, the Guardian testi?ed that she diverted over $16,000.00 from the Ward?s guardianship account for the payment of undocumented guardianship fees and attorney?s fees. At the time of her testimony, the Guardian was unable to produce any billing records to substantiate the disbursements made from the Ward?s guardianship account. In the absence of corroborating records, the Guardian and her attorney have been excessively compensated from the Ward?s assets. As a ?duciary to the Ward, the Guardian is subject to surcharge for the improper and excessive payment of fees from the Ward?s assets. ?e_e Kozinski v. Stabenow, 152 So. 3d 650, 653 (Fla. 4th DCA 2014) (a surcharge proceeding can be pursued when a ?duciary pays excessive fees to himself, herself, or agents of the ?duciary). 10. Based on the foregoing, it is clear that the Guardian has breached her duties as ?duciary to the Ward, and that such breach has proximately caused the Ward to suffer damages. The Ward will continue to suffer these damages so long as the Guardian remains appointed in this action. Therefore, the Guardian shall be held personally liable for all economic damages caused to the Ward, and shall be removed as Guardian in this action. 11. Vita Wein has retained the law ?rm of Bruce S. Rosenwater Associates, RA, in connection with this action and has agreed to pay a reasonable fee for the ?rm?s services. WHEREFORE, Vita Wein respectfully requests this Court to enter an order: imposing a surcharge against the Guardian, Elizabeth Savitt; removing the Guardian, Elizabeth Savitt, from this action; awarding attorney?s fees and costs to Vita Wein; and granting all further relief that the Court ?nds just under the circumstances. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 8, 2015, a copy of the foregoing was e-?led with the Court and sent to Ellen S. Morris, Esq., Elder Law Associates, P.A., 7284 W. Palmetto Park Road, Suite 101, Boca Raton, FL 33433 by e-service at lrubin@elderlawassociates.com, and Daniel Wein, 9717 N. New River Canal Road #410, Plantation, FL 33324 by e-service at dwein5680@aol.com and stacywein@aol.com; and Jordan L. Klingsberg, Esq., 2101 NW. Corporate Blvd, Suite 107, Boca Raton, FL 33431 by e-service at BRUCE S. ROSENWATER ASSOCIATES, P.A. Counsel for Vita Wein 1601 Forum Place Suite 610 West Palm Beach, Florida 33401 T: 561.688.0991 F: 561.688.0581 infofc?rosenwatercom bsr@rosenwater.com . .2 Bruce i3.;Rosemv ter/ Fla. Bar $67715 107 Filing 29804972 E-Filed 07/17/2015 04:00:58 PM #17 5? IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000472 Probate Division lB IN RE: THE GUARDIANSHIP OF ROBERT PAUL WEIN, The Ward. I AMENDED RESPONSE AND OBJECTION TO AMENDED SECOND REQUEST FOR ADMISSIONS TO VITA WEIN Vita Wein, by and through her undersigned counsel and pursuant to Florida Probate Rule 5.080, hereby files amended responses and objections to the Amended Second Request for Admissions to Vita Wein that was ?led by the Petitioner, Elizabeth Savitt (Petitioner), as follows: 1. On June 12, 2015, Petitioner served an Amended Second Request for Admissions to Vita Wein, requesting certain admissions as to Medicaid applications said to have been ?led by Vita Wein in the State of New York and/or State of New Jersey. 2. Vita Wein objects to Petitioner?s discovery efforts insofar as they unconstitutionally seek private ?nancial and medical information of Vita Wein where there exists no relevant or compelling reason for disclosure. Borck v. Borck, 906 So. 2d 1209 (Fla. 4th DCA 2005); Barker v. Barker, 909 So. 2d 333 (Fla. 2d DCA 2005). Without waiving said objections, Vita Wein states that the documents underlying the information requested are not in Vita Wein?s possession, custody, or control. 3. Furthermore, Vita Wein contends that by engaging in objectionable discovery practices, Petitioner is unnecessarily depleting the assets of the Ward, Robert Paul Wein. Florida Probate Rule 5.080(b) gives this Court substantial discretion to limit the scope, place, and manner of discover in order to conserve the Ward?s assets. WHEREFORE, Vita Wein respectfully requests that this Honorable Court enter an order sustaining the objections herein, and awarding any and all further relief that the Court deems just and FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 7/17/2015 4:00:58 PM proper under the circumstances, including but not limited to an award of attorney?s fees and costs related to defending Petitioner?s objectionable discovery practices. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day of July, 2015, a true and correct copy of the foregoing has been sent to: Michael J. Schlesinger, Esq., Schlesinger Associates, P.A., 800 Brickell Avenue, Suite 1400, Miami, Florida 33131 by e-service at mis@misid.com, and eservice?misidcom; Ellen 8. Morris, Esq., Elder Law Associates, P.A., 7284 W. Palmetto Park Road, Suite 10], Boca Raton, FL 33433 by e?service at and BRUCE S. ASSOCIATES, P.A. Counsel for Vita Wein 1601 Forum Place 1 Suite 610 West Palm Beach, Florida 33401 T: 561.688.0991 F: 561.688.0581 info@rosenwater.com Bruce S. Rdsemvatel/r Fla. Bar No. 71 5102 Steven C. Williams Fla. Bar No. 99681 Filing?# 29951981 E?Filed 07/22/2015 12:19:00 PM 7" 22? 15 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION ROBERT PAUL WEIN CASE NO. ANSWER TO VITA PETITION FOR SURCHARGE COMES NOW ELIZABETH SAVITT, as Limited Guardian of the Person and Property of ROBERT PAUL WEIN (hereafter ?Ward?), by and through her undersigned counsel, and hereby answers Vita Wein?s Petition for Surcharge ?led in the above?referenced Guardianship, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. 6. Denied. 7. Denied. 8. Denied. 9. Denied. Further, the guardian has ?led a Petition seeking approval of all guardian?s fees and compensation from September 16, 2014 through July 3, 2015, totaling $17,085.35, and rati?cation of the retainer she received in the amount of $8,000.00. Pursuant to ES. 74444406), a guardian may pay attorney?s fees and costs to an attorney from the assets of the guardianship without court approval subject to obtaining court approval of the annual accounting. Any and all attorney?s fees and costs paid to date by the guardian from the assets of the Ward shall and will be re?ected on the next annual accounting. 10. Denied. 1. Without knowledge, and therefore, denied. FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 7/22/2015 12:19:00 PM I HEREBY CERTIFY that a copy of the foregoing was served via the e-Portal on this 22nd day of July, 2015 to Bruce S. Rosenwater, Esq., Bruce S. Rosenwater Associates, PA, 1601 Forum Place, Suite 610, West Palm Beach, FL 33401 (info@rosenwater.com and bsr@rosenwater.com) and Michael J. Schlesinger, Esq., Schlesinger Associates, P.A., 800 Brickell Plaza, Suite 1400, Miami, Florida 33131 (mis@misid.com, hcorrea@misid.com and ?60m Ellen S. Morris, Esq. Attorney the Guardian Florida Bar No. 850306 ELDER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561) 750-4069 E-mail: emorris@elderlawassociates.com Secondary E-mail: lrubin@elderlawassociates.com Secondary E-mail: -34; -- -f 7 ,Zq- /9 IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT OF FLORIDA IN AND FOR PALM BEACH COUNTY DIVISION CASE NO.: IN RE: Guardianship of ROBERT PAUL WEIN. EE 5 {:32 ii: is: :52; 5?51 rung?t. ORDER OF RECUSAL ggr?r 3 AND REASSIGNMENT 4.7" 1.1; The above captioned case is presently pending in Divisio?htIB 51' the Probate] Guardianship Division presided over by Judge Janis Brustares Keyser. The undersigned judge hereby recuses herself from the case and this case is referred to the Clerk of the Circuit Court for reassignment. All parties shall be noti?ed by the Clerk of the reassignment. DONE AND ORDERED this 3.1 day of July, 2015 at West Palm Beach, Palm Beach County, Florida. glam} ?nal 1?2 ?a Afr] aims BRUSTARES KETSER RCUIT COURT JUDGE Order of Recusal Page 2 NOTICE OF REASSIGNMENT The Clerk of the Circuit Court, having received the Order of Recusal signed by Judge Janis Brustares Keyser, hereby gives notice to all parties that this case is reassigned to Division Copies furnished: Bruce S. Rosenwater 8r. Associates, P.A. 1601 Forum Place, Suite 610 West Palm Beach, FL 33401 Michael J. Schlesinger, Esquire 800 Brickell Avenue, Suite 1400 Miami, FL 33131 Ellen S. Morris, Esquire 7284 W. Palmetto Park Rd., Suite 101 Boca Raton, FL 33433 presided over by Judge SHARON R. BOCK CLERK OF THE CIRCUIT COURT By: Deputy Clerk Filing 30312596 E?Filed 07/30/2015 05:08:45 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000472 Probate Division 11 IN RE: THE GUARDIANSHIP OF ROBERT PAUL WEIN, The Ward. VITA OBJECTION TO THE EX PARTE COMMUNICATION AND NOTICE OF FILING WITH THE COURT Comes now, Vita Wein, by and through the undersigned counsel and hereby objects to the July 28, 2015, ex parte communication and notice of ?ling by the Guardian, Elizabeth Savitt (Guardian), and her counsel, and states the following: 1. On July 28, 2015, the Guardian delivered to the Court an ex parte correspondence along with a notice of filing the Ward?s income tax returns for 2011 through 2013. The tax returns provided to the Court are incomplete documents predicated on hearsay, and should not be considered by the Court. 2. The tax returns are Spacious and in?ammatory and do not accurately reflect the Ward?s position regarding his marital status. The Guardian highlighted sections on the tax returns that ostensibly indicate that the Ward ?led under single status. The Court should entertain neither the Guardian?s correspondence nor the provided tax returns, as the tax returns were completed and ?led by the Ward?s brother, Danie] Wein, in 2011 and 2012, and by the Guardian in 2013. Therefore, the tax returns do not prove or disprove the Ward?s status as a married man and fail to support the Guardian?s suggestion that the Ward does not hold himself out to be married to Vita Wein. 3. Vita Wein objects to the ex parte communication, and any consideration thereof, insofar as it violates the Florida Supreme Court?s Code of Judicial Conduct. S_ee Code of Judicial Conduct, Canon 3 (excluding all ex parte communications with all judges in all judicial proceedings except when expressly authorized by law). FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 7/30/2015 5:08:45 PM 4. Vita Wein continues to incur attomey?s fees and costs as a result of the unauthorized conduct of the Guardian in this action. As such, Vita Wein requests that she be compensated by the Guardian for the reasonable attorney?s fees and costs that have been unnecessarily incurred. WHEREFORE, Vita Wein respectfully requests that this Court enter an Order sustaining the objections made herein, awarding attorney?s fees and costs to Vita Wein, and granting such further relief as the Court deems just and proper under the circumstances. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this Eda)! of July, 2015, a true and correct copy of the foregoing has been sent to: Michael J. Schlesinger, Esq., Schlesinger Associates, P.A., 800 Brickell Avenue, Suite 1400, Miami, Florida 33131 by e?service at licorrea@lnisid.cnm, and Waginisiclcom; Ellen S. Morris, Esq., Elder Law Associates, P.A., 7284 W. Palmetto Park Road, Suite 101, Boca Raton, FL 33433 by e-service at Welderlawassociatescom, and BRUCE S. ROSENWATER ASSOCIATES, P.A. Counsel for Vita Wein 1601 Forum Place Suite 610 West Palm Beach, Florida 33401 T: 561.688.0991 561.688.0581 ?4 13m osenwater Fla. Bar No. 715107 Steven C. Williams Fla. Bar No. 99681 Filing 30165672 E-Filed 07/28/2015 11:17:38 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION ROBERT PAUL WEIN CASE NO. NOTICE OF FILING COMES NOW ELIZABETH SAVITT, as Limited Guardian of the Person and Property of ROBERT PAUL WEIN (the Ward), by and through her undersigned counsel, and hereby provides notice of the ?ling of the attached ?rst pages of the Ward?s 2011, 2012 and 2013 Federal Income Tax Returns. I HEREBY CERTIFY that a copy of the foregoing was served via the e-Portal on this 13% day of July, 2015 to Bruce S. Rosenwater, Esq., Bruce S. Rosenwater Associates, P.A., 1601 Forum Place, Suite 610, West Palm Beach, FL 33401 (infot?furosenwatereom and bsrt?lrosenwatereom) and Michael J. Schlesinger, Esq., Schlesinger Associates, P.A., 800 Brickell Plaza, Suite 1400, Miami, Florida 33131 (mis?tmisidcom, heorrea?lmisid?om and eservice?imisideom). 84? Ellen S. Morris, Esq. Attorney for the Guardian Florida Bar Number: 8503 06 ELDER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 10] Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561) 750-4069 E-Mail: emorris@elderlawassociate.c0m Secondary E-Mail: lrubin@elderlawassociates.com Secondary E-Mail: FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 7/28/2015 11:17:38 AM Department of the Treasury Intemat Revenue Service Form 1040 U.S. Individual income Tax Return (99) l2011 OMB No 1545-0074 IRS Use Duty - Do not write or stapie 111 mm space For the year Jan other tax year beginning . 201 t. ending 20 See separate instructions. Your rir'st name Eu'll Last name Your cool-l ucurtty number ROBERT WEIN - It a joint return, spouse's first name MI Last name spousal, social ?3mm, lint-rm address (number and street) It you have a [It box. see instructions Apartment no Make sum me SSNG) above 2 3 WEST 1 05TH STREET and on line 6c are correct. City. town or post of?ce. Ityou have a Imeign undress. also catnnloi? spaces below (see instructions). State ZIP code presidential Election campalgn NY 1 0 2 5 Check here it you. or your spouse 1! hllf?i? NEW YORK Foreign country name sesameForeign prayincelcounty 4 El 3 Married ?ling jointly (even it only one had income) 3 I Married filing separately. Enter spouse's SSN above it run Foreign postal code refund. jointly. want 53 to go to this Fund? Checking a box below Will not chengn our tru- or You Spouse Head of household [with qualifying person . (See instructions} it the ualifying person is a but not your depen em. enter this child?s name here Ir Check Only one box. name here. I- 5 widowterl with dependent child Exemptions 6a claim you as a dependent, do not check box spouse . . . . . . . . . . . . . . . . . . . . . . . . .(.4). y? gg-?r?ydnn cacao acne? emr;mm, number to you egg]. {Eager . did no. name Last name (5991"5'5} llvo with you due to dlverce or ?partition if more than four 135353111. check here . . PD Add numbers Total numberofexemptions claimed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3333:". . r- 1 7 Wages, salaries. tips. etc. Attach FormisIncome 8 a Taxable interest. Attach Schedule if required . . . . . . . . . . . . . . . . . . . . . . . . Tax-exempt interest. Do not include on line 38'? Amy. Farms} 9 a Ordinary dividends. Attach Schedule if required . . . . . . . . . . . . . . . . . . . . . . 9a 3 . 6 86 . till-2 here. Also Quali?ed dividends . . . . . . . . . . . . . . . . . . . . . . . 9 bl 5. 1 14 . ?gghai?nsw? 10 Taxable refunds. credits, or offsets of state and local income taxes . . . . . . . . . . . . . . . 10 it m: was withheld, 11 Alimony received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 did ?m 12 Business income or (loss). Attach Schedule or C-Capital gain or (loss). Att ilreqd. tlnot reqd. cit here . . . . . . . . . . . . . . . see instructions. 14 Other gains or (losses). Attach Form 4797 . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 4 1 . 15a IRA distributions . . . . . . . 15a lb Taxable amount . . . . . . . . 15b 16a Pensions and annuities 16a lb Taxable amount . . . . . . . . 16b Rental real estate, royalties. partnerships. corporations, trusts, etc. Attach Schedule . . . . 17 3 50 . Enclose, butdo 18 Farm income or (loss), Attach Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 not anach- any 19 Unemployment compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 $3233.?? 20a Social security benefits . . . . . . Taxable amount . . . . . . . . orrn mod. 21 Other income Combine the amounts in the tar right column for iinea 1 through 21. This is your total income . . . . . . . . Educator expenses . . . . . . . . . . . . . . . . . . . . . . 23 AdiUSth 24 Certain husrness expenses of reservists. perlorrni artists. and lee-basis Gross government cl?cials. Attach Form 2106 income 25 Health savings account deduction. Attach Form 8889 . . . . . 25 26 Moving expenses. Attach Form 3903 . . . . . . . . . . . . . . 26 27 Deductible pan of sellemployment tax. Attach Schedule Self-employed SEP. SIMPLE. and quali?ed plans . . . . . . . 28 29 Sell-employed health insurance deduction . . . . . . . . . . . 29 30 Penalty on eady withdrawal of savings . . . . . . . . . . . . . 30 31 a Alimeny paid Recipient's SSN. . .b 313 32 IRA deduction . . . . . . . . . . . . . . . . . . . . . . . . . 32 33 Student loan interest deduction . . . . . . . . . . . . . . . . 33 34 Tuition and fees. Attach Form 8917 . . . . . . . . . . . . . . 34 35 Domestic production activities deduction, Attach Form 8903 . . . . . . . . 35 36 Add lines 23 through Subtract line 38 from line 22 This is your adjusted gross income . . . . . . . . . . . . . 37 98 874 . BAA For Disclosure. Privacy Act. and Paperwork Reduction Act Notice. see separate instructions. 11107111 Form 1040(2011} Depanment ol the Treasury internal Revenue Service (99) Form 1 .S. lndiVidua Income Tax Return 1 2 OMB No. 15450074 IRS Use Only Do not write or staple in this space For the year Jan 1 - Dec 31. 2012. or other tax year beginning . 2012. Ending . 20 See separate instructions. Your ?rst name and initial Last name Your social security number ROBERT WE IN . - Last name Spouse's social security number It a joint retum. spouse's ?rst name and initial Home address (number and street), it you have a 0 box. see WEIN 9717 N. NEW RIVER CANAL RD. City. town or post ot?ce. state. and code. it you have a fusion address. also complete Spaces below {see instructions] PLANTATION Foreign country name FL Foreign provincei'statei'county 4 Apartment no 3 3 3 2 4 Foreign postal code refund A Maire sure the above and on line Sc are correct. Presidential Election Campaign Check here if you. or your spouse if ?ling jointly. want 53 to go to this lurid? Checking a box below will not change your tax or You Spouse Head oi household {with qualifying person . (See instructions.) If the qualifying person is a iid but not your dependent. enter this child?s name here Check only one box. 5 Qualifying widowter) with dependent child Exemptions 6 .. someone can claim you as a dependent. do not check box Spouse . . . . . . . . . . . . . . . . . . . . . . . . .2:.szf:hhnl.l:dren Dependents: {Eggzielpseerg??s I lived number to you quail "rig tor ?uh 70" (1) First name Last name ?ufwif?m due to divorce or separation if more than four "mm dependents. see attains?" instructions and - 4 above. check here . . Add numbers on lines Total number of exemptions claimed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . above . . . 1 7 Wages. salaries. tips. etc. Attach FormtsIncome 8 a Taxable interest. Attach Schedule if required . . . . . . . . . . . . . . . . . . . . . . . . a 4 2 143 Tax-exempt interest. Do not include on line Forms) 9 a Ordinary dividends. Attach Schedule if required . . . . . . . . . . . . . . . . . . . . . . . 9 19 . 14 1 . lill-z here. Also Quali?ed dividends . . . . . . . . . . . . . . . . . . . . . . . ?ggha??osng 10 Taxable refunds. credits. or offsets of state and local income taxes . . . . . . . . . . . . . . . 10 it "as wnhheld, 11 Alimony received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 I 12 Business income or (loss). Attach Schedule or C-"E?mm' 13 Capital gain or (loss). Att SchDif reqd. if not reqd. ck here . . . . . . . . . . . . . . 13 11. 609. gee ins ruizlions, 14 Other gains or (losses). Attach Form 4797 . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 a distributions . . . . . . . 15s I Taxable amount . . . . . . . . 15 16 a Pensions and annuities 16a 79. 8 9. lb Taxable amount . . . . . . . . 16 55. as 9. 17 Rental real estate, royalties. partnerships. corporations. trusts. etc. Attach Schedule . . . . 17 0. Enclose. but do 18 Farm income or (loss). Attach Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ?013mm 19 Unemployment compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 a Social security bene?2031 16 . '7 8 . lb Taxable amount . . . . . . . . 20 13 . 666 . Form 104w. 21 Other income ?e_e Combine the amounts in the tar riqtit column [or lines 1 through 21. This is your total income . . . . . . . . Educator expenses . . . . . . . . . . . . . . . . . . . . . . 23 Adjusted 24 Certain business expenses of reservists. performing artists. and lee-basis Gross govemrnent of?cials. Attach Form 2106 or 2106-Income 25 Health savings account deduotion. Attach Form 8889 . . . . . 25 26 Moving expenses. Attach Form 3903 . . . . . . . . . . . . . . 26 27 Deductible pan of self-employment tait. Attach Schedule Self-employed SEP, SIMPLE. and quali?ed plans . . . . . . . 28 29 Self-employed health insurance deduction . . . - . . . . . . . 29 2 . 757 . 30 Penalty on early withdrawal of savings . . . . . . . . . . . . . 30 a1 a Alimony paid bRecipient'sSSN . 31 a 32 IRA deduction . . . . . . . . . . . . . . . . . . . . . . . . . 32 33 Student loan interest deduction . . . . . . . . . . . . . . . 33 34 Tuition and fees. Attach Form 8917 . . . . . . . . . . . . . . 34 35 Domestic production activities deduction Attach Form 8903. . . 35 36 Add lines 23 through Subtract line 36 from line 22. This is your adjusted gross income . . . . . . . . . . . . . 37 1 4 9 993 BAA For Disclosure. Privacy Act. and Paperwork Reduction Act Notice. see separate instructions. 01? 1/13 Form 1040 {2012} 1040 Department of the Treasury? internal Revenue Service U.S. Individual Income Tax Return (99) OMB No. 1545-0074 2?13 IRS Use Only?Do not write or staple in this space For the year Jan. 1-Dec. 31. 2013. or othertax year beginning . 2013. ending .20 See separate 'r'our fll'Bl name and initial Last name Y0ur security number ROBERT WE IN - it a return. spouse's first name and initial Last name Spouse?s social sanctity number Home address {numb-or and street] it you have a 0. bolt. see instructions. SAVITT 501 N. COUNTRY CLUB DR. Apt. no. A Make sure the above and on line B: are correct. Cay. town or post ot?c e. slalu, and ZIP code. if you have a foreign address. also complete spaces below [see instructions}. ATLANTIS FL 33462 Foreign country name Foreign province/statelcounty Foreign postal code retund. Presidential Electiort Campaign Check here if you. or you' spouse if filing jointly. want 5310 go to this fund. Checking a box below will not change your tax or You Spouse 2 Married Itimg jointly (even if only one had income) Check only one box. 3 i] Married filing separately. Enter spouse?s SSN above child's name here. 4 Head 01 household (with qualifying person). (See instructions.) If the qualifying person is a child but not your dependent. enter this and lull name here. 5 [j Qualifying widowier) with dependent child Exemptions i? I {if tome-Joe can claim you as a dependent. do not check box Be . . 2:33:33?" 1 m? it, hacienda transit?? it; soti?s'liifi?vdii'iw titli?i??ii?iimviu El it more than tour [see instructions) gePenantsu See Dependents on Go instructions and not entered above check here CI Add numbers on Total number at exemptions claimed lines above 1 Income 7 Wages. salaries. tips. etc. Attach Form(Taxable interest. Attach Schedule it required . Tex-exempt interest. Do not include on line Ordinary dividends. Attach Schedule it required . . . . . . . attach Fo'ms Qualified dividends . W-ZG and 10 Taxable refunds. credits. or offsets of state and local income taxes 1O 1099"? if 11 Alimony received . . . . . . . . . . . . . . 11 was Withhold' 12 Business income or (loss). Attach Schedule or C-Capital gain or (loss). Attach Schedule if required. If not required. check here youvijdznot 14 Other gains or (losses). Attach Form 47915a IRA distributions 15a 1) Taxable amount 15b 2 5 . 55 3 . 163 Pensions and annuities 16a Taxable amount 16b 17 Rental real estate. royalties, partnerships. corporations. trusts. etc. Attach Schedule Farm income or (loss). Attach Schedule . 18 19 Unemployment compensation . . . . . . . . . . . 19 20a Social security bene?Taxable amount 20b 13 El 91 . 21 Other income. List type and amount 21 316. 2 Combine the amounts in the far right column for lines 7 through 21. This is your total income Educator expenses . . . . . . . . . . 23 AdJUSted 24 Certain business expenses of reservists. performing artists. and Gross tee-basis govemment officials. Attach Form 2106 or 2106-EZ 24 Income 25 Health savings account deduction. Attach Form 8889 25 28 Moving expenses. Attach Form 3903 . . . . . 2B 27 Deductible part of selfsempioyment tax. Attach Schedule 27 28 Self-employed SEP. SIMPLE. and qualified plans 28 29 Self-employed health incurance deduction 29 30 Penalty on early withdrawal of savings . 30 31a Alimony paid Recipient's SSN 313 32 IRA deduction . . . . 32 33 Student loan interest deduction . 33 34 Tuition and fees. Attach Form 891Domestic production activities deduction. Attach Form 6903 35 36 Add lines 23 through Subtract line 36 from line 22. This is your adjusted gross income . . . . . 37 83 . . For Disclosure. Privacy Act. and Paperwork Reduction Act Notice, see separate instructions. BAA REV 05119i?14 PRO Form 1040 (2013) g?/ows IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000472 Probate Division 11 IN RE: THE GUARDIANSHIP OF ROBERT PAUL WEIN, The Ward. AFFIDAVIT 0F JEROME L. RICH STATE OF: COUNTY OF: I, Jerome L. Rich, being sworn, certify that the following statements are true and based upon my own personal knowledge: I. I am the nephew?in-law of the Ward, Robert Paul Wein and his wife, Vita Wein. 2. On or about August 25, 2014, Robert Wein executed certain estate planning documents, to wit: Last Will of Robert Wein; Amended and Restated Robert Wein Living Trust; Revocation of Durable Power of Attorney of Robert Wein; Escrow Letter for Durable Power of Attorney for Robert Wein; Designation of Healthcare Surrogate for Robert Wein; and Living Will for Robert Wein. 3. Approximately one week after Robert Wein executed the estate planning documents, and the day after I returned from a trip to Aspen, Colorado, I visited with, and delivered deli food to, Robert Wein and his wife, Vita Wein. At that time, Robert Wein handed me each of the above estate planning documents, and at the request of Robert Wein, I read and discussed the estate planning documents with Robert Wein and his wife, Vita Wein. 4. At that time, Robert Wein advised me that his attorney at the time, Jordan L. Klingsberg, Esq., had a cupy of the estate planning documents and Robert Wein further instructed me to keep the documents in my personal safe. Robert Wein also gave me his previous estate planning documents and other personal papers. 5. Consistent with the con?dence he has always had in me, Robert Wain trusted me with the safekeeping of his estate planning documents. I understand that I am swearing or af?rming under Oath to the truthfulness of the claims made in this af?davit and that the punishment for knnwingly making :1 false statement includes ?nes and/or imprisonmentDated: i=4; 11.3% f? Jergghe I .. Rich STATE OF: OF: Swom to or and bel'urc me on [id /t3 . 2015, Iiuwi by Jcrome Rich, who is personally known to me or produced lhu identi?cation . Nutar n. . - . ?autumn-w 54%? with MY :1 EE 195561 201a. a? BondadTIIru anaNPublicUndenmlers Filing 30689776 E-Filed 08/10/2015 04:46:32 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000472 Probate Division II IN RE: THE GUARDIANSHIP OF ROBERT PAUL WEIN, The Ward. NOTICE OF FILING AFFIDAVIT OF JEROME L. RICH The undersigned law ?rm, as counsel for Vita Wein, hereby gives notice to all parties that it has filed with the Court on August 10, 2015, the attached Af?davit of Jerome L. Rich. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 10, 2015, a true and correct copy of this document was sent to: Michael J. Schlesinger, Esq., Schlesinger Associates, P.A., 800 Brickell Avenue, Suite 1400, Miami, Florida 33131 by e?service at mis@misid.com, hcorrea@mjsid.com, and eservicegr?misidcom; Ellen S. Morris, Esq., Elder Law Associates, P.A., 7284 W. Palmetto Park Road, Suite 101, Boca Raton, FL 33433 by e-service at Irubin@elderlawassociatescom, and BRUCE S. ROSENWATER (SE ASSOCIATES, P.A. Counsel for Vita Wein 1601 Forum Place Suite 610 West Palm Beach, Florida 33401 T: 561.688.0991 1 F: 561.688.0581 infct?f?rosenwatemom bs?resenwatemom {if HP Bruce SKRosenfitter/ Fla. Bar NET. r5107 FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 8/10/2015 4:46:32 PM Filing 30845884 E-Filed 08/13/2015 03:42:44 PM 8' 3 7 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION ROBERT PAUL WEIN CASE NO. OBJECTIONS TO NOTICE OF PRODUCTION FROM NON-PARTY COMES NOW ELIZABETH SAVITT, as Limited Guardian of the Person and Property of ROBERT PAUL WEIN (hereafter ?Ward?), by and through her undersigned counsel, and hereby objects to the Notice of from Non-Party (the ?Notice ?led by Vita Wein, as follows: l. On August 6, 2015, Vita Wein ?led and served the Notice in the above-reference case including a proposed Subpoena Duces Tecum in which she is seeking to obtain copies of the Ward?s account information held at Wells Fargo Bank, NA. going back for the last two (2) years. 2. The pending Petitions at issue in this case are for authority to pursue an annulment on behalf of the Ward and to amend the Ward?s Trust and do not involve any ?nancial transactions of the Ward. 3. Further, the Notice requests document going back two (2) years. The guardian was not appointed until October 15, 2014, and therefore, the request of any ?nancial records beyond that point is outside the scope of the guardianship and the issues pending before the Court. 4. Lastly, the documents are the Ward?s con?dential ?nancial documents and Article 1, Section 23, of the Florida Constitution protects discovery of ?nancial information of persons if there is no relevant or compelling reason to compel disclosure. See Borck v. Borck, 906 So. 2d 1209 (Fla. 4th DCA 2005). 5. Respondent asserts that there is no relevant or compelling reason to compel disclosure of the Ward?s con?dential ?nancial records and that it would be reversible error for this Court to order production of the requested ?nancial documents without an evidentiary inquiry as to the relevant or compelling reason. WHEREF ORE, Respondent hereby objects to the issuance of the Subpoena Duces Tecum directed to Wells Fargo Bank, NA, and should Petitioner bring a motion before the Couit for permission to serve such subpoenas, requests that a hearing be held on said motion and that the Court consider these objections and any further argument and award the guardianship such other relief as this Court deems just and proper. FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 8/13/2015 3:42:44 PM I HEREBY CERTIFY that a copy of the foregoing was served via the e-Portal on this 13'h day of August, 2015 to Bruce S. Rosenwater, Esq., Bruce S. Rosenwater Associates, P.A., 1601 Forum Place, Suite 610, West Palm Beach, FL 33401 (info@rosenwater.com and bsr@rosenwater.com) and Michael J. Schlesinger, Esq., Schlesinger Associates, P.A., 800 Brickell Plaza, Suite 1400, Miami, Florida 33131 (mis@misid.com, hcorrea@misid.com and mam/9 Ellen S. Morris, Esq. Attorney for the Guardian Florida Bar Number: 850306 ELDER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 10] Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561) 750-4069 E-Mail: emorris@elderlawassociates.com Secondary E-Mail: lrubin@elderlawassociatescom Secondary E-Mail: RE: GUARDLANSHIP OF ROBERT PAUL WEIN IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICLAL CIRCUIT IN AND FOR PALM FLORDDA PROBATE DIVISION CASE NO. ORDER AUTHORIZING AND RATIFYING PAYMENT COMPENSATION AND EXPENSES OF GUARDIAN (September 16, 2014 through July-:3; 2015) On the petition of Elizabeth. Savitt', as limited guardian of the person and property of Robert Paul Wein_(the ward), for an order authorizing payment of compensation for services rendered and expenses incurred, the Court having examined the ?le in this proceeding and having considered the evidence presented regarding the criteria established by Seetion Florida Statutes, and ?nding that the material allegations of the petition are true and $85.00 per hour is a reasonable rate of compensation for the-seriIices of the guardian, and being otherwise fully advised, it is ORDERED AND ADIUDGED as follows: 1. The retainer paid by the guardian of the property from the assetsofthe Ward in the amount of $8,000.00 is hereby rati?ed and approved. Petitioner is hereby. awarded a reasonable fee under Section 744.1080), Florida Statutes, for services rendered by the Petitioner during the period of September 16, 2014, through,me 3, 2015, as follows: Hourly Rate:- $85.00 Hours Worked: 196.95 (.60 at No Charge) Total Fees: $16,847.75- Costs: $237.60 Total Fees and Costs: $17,085.35 The guardian of the property of the Ward is authorized and directed to pay that compensation and these expenses frem the assets of the Ward, less the $8,000.00, retainer, in the total amount of $9,085.35 to Elizabeth Savitt. Suchpaymentsball be made within ten (10) days from the date of this Order, ifnot sanner, and shall be made through any accounts held in the name of the Ward or guardianship. DONE AND, ORDERED this .7 day ofw 2015 in Palm Beach Gardens, Palm Beach County, Florida. Copies furnished to: See attached list 2 IN) HONORABLE KRISTA 333 :2 Circuit Judge Egg no t: . ZITE an: - a: Zn: I z?nl .Il?h Ir? 2" 3533 ClE-I'Iizi SERVICE LIST - Ellen ELDER LAW ASSOCIATES PA Palmetto Park Road, Suite 101 Boca Raton, FL 33433 Bruce S. Rosenwater, Esq. . Bruce S. Rosenwater RA, 1601 Forum Place, Suite 610 West Palm Beach, FL 33401 Michael J. Schlesinger, Esq. Schlesinger? Associatcs, PA. 800 Brigkell Pla?za, suite?: 1400 Miami, FL 3313 I