Filing 22346940 E-Filed 01/08/2015 05:40:25 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA PROBATE DIVISION IN RE: GUARDIANSHIP OF CARLA B. SIMMONDS CASE NO. 5020 SUPPLEMENTAL OBJECTION TO PETITION FOR ORDER AUTHORIZING GUARDIAN TO GIFT VEHICLE TO SON Former Emergency Temporary Guardian and Trustee of Ward?s Trust, DANIEL SCHMIDT, by and through undersigned counsel, hereby supplements his Objection to the Guardian, Elizabeth Savitt?s Petition for Order Authorizing Guardian to Gift Ward?s Vehicle to Ward?s Son (?Petition?), and states: 1. Mr. Schmidt hereby reincorporates and reasserts the facts, background and Exhibits set forth in his Objection to Petition for Order Authorizing Guardian to Gift Ward?s Vehicle to Ward?s Son (?Objection?) ?led on November 5, 2014. 2. The Petition seeks to gift the Ward?s 2013 Honda Civic Coupe, VIN: 2HGFG3A86DH522713 (?Vehicle?) to her son, Craig Simmonds. 3. In addition to the issues and concerns raised in Mr. Schmidt?s initial Objection, Craig Simmonds is subject to collections with respect to at least two creditors. 4. Speci?cally, as was the subject matter of a previous issue in this case, Craig Simmonds hired an attorney, Mary Alice Esq., for the purpose of having Ms. Simmonds execute a revocation of her previously executed Durable Power of Attorney, while Ms. Simmonds was still in the hospital after suffering the massive stroke which caused her incapacity. 5. On May 12, 2014, Craig Simmonds, along with his uncle, Robert Jones, executed a Retainer Agreement to hire Mary Alice PA. A true copy of the Retainer Agreement is attached hereto as Exhibit 6. On May 19, 2014, Mary Alice sent letter correspondence to Craig Simmonds and Mr. Jones enclosing an invoice for emergency legal services rendered to Carla Simmonds. The enclosed invoice totals $3,000.00. Upon information and belief, the invoice was never paid and is subject to collection. A true copy of Ms. May 19, 2014 letter with enclosed invoice is attached hereto as Exhibit 7. Additionally, in 2014, Craig Simmonds had a medical issue that elicited hospitalization at Bethesda Hospital. Upon information and belief, Craig Simmonds currently has outstanding medical bill(s) in excess of $1,000.00, which are subject to collections. 8. Should the Ward?s Vehicle be gifted to Craig Simmonds and titled in his name, it will be subject to creditors? liens, levy and possession. In all likelihood, the Vehicle would be in Craig Simmonds? possession only a short while before it was subject to creditors? execution. 9. Additionally, as set forth in Mr. Schmidt?s ?nal report and inventory both ?led on September 25, 2014, and the amendments thereto ?led on October 21, 2014, the Vehicle?s value estimated fair market value is approximately $16,088.00. Because the gift limitation for tax purposes is $13,000.00, the Ward cannot gift the Vehicle to Craig Simmonds outright without tax implications that are detrimental to Ms. Simmonds? estate. Gifting the Vehicle to Craig Simmonds would result in Ms. Simmonds? and/or Craig Simmonds? payment of estate taxes. 10. Another concern with gifting the Vehicle to Craig Simmonds is that Ms. Simmonds has another son, Chandler Simmonds, who is currently 17 years old and will turn 18 on February 4, 2015. It stands to reason, that if Craig Simmonds receives a vehicle from his mother, then once Chandler Simmonds turns 18, he will expect to receive a vehicle from his mother as well. 11. Additionally, within the past month, Mr. Schmidt received a notice from Geico (Ms. Simmonds? auto insurer) stating that Ms. Simmonds? automobile insurance with respect to the Vehicle will be cancelled effective as of January 28, 2015. The reason cited for the cancellation is that Geico was noti?ed that Ms. Simmonds does not know the whereabouts of the Vehicle or in whose possession the Vehicle is. 12. Mr. Schmidt?s proposal with respect to the Ward?s Vehicle is as follows: a The Vehicle should be sold at its fair market value, approximately $16,000.00. 0 Sheri Hazeltine, Esq., the Ward?s former Court-appointed attorney, has an outstanding invoice in the amount of $4,249.90 which is the subject matter of -2- Ms. Hazeltine?s Petition for Order Authorizing Payment of Attorney?s Fees and Expenses ?led on November 10, 2014. If the Guardianship does not have suf?cient funds to pay Ms. Hazeltine?s invoice (although there should certainly be suf?cient funds in the guardianship account), then the proceeds from the Vehicle should be used to pay Ms. Hazeltine. - The balance remaining from the Vehicle proceeds, after Ms. Hazeltine?s invoice is paid, should be split evening among Craig Simmonds and Chandler Simmonds for the purpose of purchasing or leasing respective vehicles. (Note: It would be prudent for Ms. Simmonds? sons to purchase a vehicle that is subject to a lien or to lease a vehicle, because any vehicle that the Simmonds sons would own free and clear of liens would be subject to potential creditors? claims.) 13. Additionally, as further explained in Mr. Schmidt?s Objection to Petition to Rent Ward?s Real Property, it is prudent and necessary for the Guardian to procure a $2,000,000.00 umbrella insurance policy that would cover any loss, damage or liability that could arise out of the potential use of the Vehicle while it is titled in the Ward?s name. Ms. Simmonds owns the Vehicle outright; however, Ms. Simmonds does not know the whereabouts of her Vehicle or who is using/operating the vehicle. WI-IEREFORE, Daniel Schmidt, respectfully requests that this Court enter an Order denying the Guardian?s Petition for Order Authorizing Guardian to Gift Ward?s Vehicle to Ward?s Son, as it is not in the best interests of the Ward, and for such other and further relief as this Court deems just and proper. Dated: January 8, 2015. By: Kristin J. Mentzer Gregg W. McClosky Florida Bar No. 343927 Email: gwwnaDLHhI?lawcom Kristin J. Mentzer Florida Bar No. 056352 Email: McClosky, D?Anna Dieterle, LLP Electronic Service: McClosky, D?Anna Dieterle LLP 2101 NW. Corporate Blvd., Suite 400 Boca Raton, Florida 33431 Telephone: (561) 368-9200 Facsimile: (561) 395-7050 ounsel for Ward ?3 Trustee and Interested Person, Daniel Schmidt CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been served via the Designation of Primary E-Mail Address on this am day of Jan?uary, to: Counsel the Permanent Plenary Guardian, Elizabeth Savitt, Ellen S. Morris, Esquire, Elder Law Associates, PA, 7284 West Palmetto Park Road, Suite 101, Boca Raton, FL 33433, and Former Counsel for the Ward, Carla B. Simmonds, Sheri Hazeltine, Esquire, SHERI L. HAZELTINE ASSOCIATES, PA, 800 Palm Trail, Suite 3, Delray Beach, Florida 33483, (561) 243?4655 (of?ce), (561) 243-6933 (fax), com, Kristin J. Mentzer Kristin J. Mentzer Objection to Guardian's Petition re Gift Ward?s