Eden Rose Brown
Can You Trust These Lawyers
With Your Trust?
P. Freeman Green
A Proposal - A Compromise - and a Truce!

Offered by Robert Burtis on July 2, 2010

Family members and beneficiaries of the Liz McGuinness trust are probably as tired of receiving my e-mails as I am of writing them.

What began as a simple request for information based on a meeting between Steve, Kerry and myself on January 24th in which Kerry welcomed inquiries and encouraged us to contact the estate attorneys, has escalated into an endless array of unanswered questions, name-calling, bad feelings, damaged family relationships, and legals fees that continue to eat away at what little remains of Liz's estate.

In the hopes of ending this standoff and perhaps healing and rebuilding family relationships, I am offering this proposal and submitting it to all beneficiaries, Kerry, and the principals at the Eden Rose Brown law firm. While many of the beneficiaries have chosen to not be involved in the process, they are each and every one affected by the outcome and I would ask that each individual seriously consider this proposal and respond to it by communicating with each other and especially with Kerry and his attorneys.


I acknowledge and respect that Kerry has legal responsibilities as the Trustee and legitimate concerns about possible legal liabilities even after the estate is completed and closed.

Furthermore:

1. Kerry does have a clear responsibility to preserve remaining trust assets.

2. Kerry has a responsibility to treat each beneficiary with equanimity and respect - he cannot answer questions or provide information to one beneficiary without doing the same for all beneficiaries.

3. Based on previous correspondence, Kerry has legitimate concerns about and must protect himself from any possible lawsuits in the present or in the future.

4. Based on the trust provision Section 1.07 Information to Beneficiaries Not Required, Kerry is not required to provide beneficiaries with any information regarding the revised "Revocable trust Agreement"

5. Nevertheless, Kerry wrote in his April 23rd letter to all beneficiaries to say that, "...I am willing to prepare and send a report of pre-death information - just not at the expense of beneficiaries that don't want to join in unnecessary expenses."

At least six of the ten beneficiaries have expressed a strong interest in simply knowing the value of Liz's estate on the date it was signed on July 28, 2008. Nothing more and nothing less. If Kerry and the Eden Rose Brown law firm will provide all beneficiaries with this readily available information, I will end my e-mail campaign and declare a truce in this war of words. I will personally pay any and all expenses associated with preparing and distributing copies of the existing legal documents which list and catalog the value of Liz's estate on the date the revised trust was signed. This fully addresses the above numbered concerns in the following ways:

1. Absolutely no trust assets will be used in preparing and distributing the requested information. Since the values are already known, documented and legally recorded, there will be no expense involved in research, accounting, bookkeeping, reporting or document preparation. The only possible expenses would be involved in the copying, collating, and postage, which I will personally pay for out of my own distribution proceeds.

2. Each beneficiary will have the opportunity and option to receive the identical information at no cost at the same time. Each beneficiary will be treated equally with no special considerations given to any. This fulfills all of Kerry's responsibilities as Trustee to treat each beneficiary the same.

3. Even though Kerry has been assured numerous times that none of the beneficiaries - including myself - have either the resources, desire, or intent to file any legal actions against Kerry or the Eden Rose Brown law firm at any time under any conditions for any reason, Kerry may still be following the advice of the trust attorneys by restricting communications and refusing to release any information for fear of future litigation. I will agree - as I am certain other beneficiaries interested in receiving the aforementioned information will agree - to sign any sort of notarized or legal document which the Eden Rose Brown firm chooses to present attesting to a discharge of any interest in or rights or intent to file any lawsuit of any kind against Kerry or their firm at any time. This should clear the air in this regard and take a huge burden of off Kerry's mind.

4 and 5. While provision Section 1.07 in the Trust Agreement continues to be relevant, Kerry's written statement as Trustee that, "...I am willing to prepare and send a report of pre-death information - just not at the expense of beneficiaries that don't want to join in unnecessary expenses" renders Section 1.07 moot.

Section 1.07 also states that:

"My Trustee Protector, in his or her sole and absolute discretion, and without waiver, may, but is not required to, distribute copies of all or part of my Trust or other relevant information about my trust to some or all qualified beneficiaries or other interested parties..."

Since Eden Rose Brown informed us that she never accepted the position of "Trust Protector" which was assigned to her in the document signed on 7/28/08, this power is assumed by the Trustee. And Kerry - as the Trustee - has declared his willingness to distribute relevant information about the trust.

Even those beneficiaries who disagree with or disapprove of my persistent inquires and investigations, should be able to respect this e-mail as a serious and sincere effort towards reconciliation and a rebuilding of family trust. I would ask that each beneficiary respond and reply to Kerry, the Eden Rose Brown attorneys, and myself, and all of the beneficiaries in the hopes of putting an end to this unfortunate series of events.

Bob
Beneficiary