Kerry has repeatedly abrogated and violated his legal obligations and responsibilities as the Trustee of the Liz MvGuinness estate. His insults, ad hominem attacks, emotional rants, and now his demand that certain beneficiaries "Pick a side" demonstrate he is no longer qualified or competent to fulfill his role as Trustee. Kerry is fully aware of his legal responsibility to treat all beneficiaries equally and said as much in his previous correspondence:

"To protect myself, I have been advised to treat all beneficiaries equally, so as to not appear to be side-barring or communicating improperly with any one individual and/or select group of beneficiaries. Thus, my silence."

Kerry's Manic-Depressive Flair for Drama & Histrionics

In truth and fact, Kerry did NOT "treat all beneficiaries equally" and was frequently "side-barring" with selected brothers and sisters, "communicating improperly" and making phone calls to some, meeting in person with some, exchanging private e-mails with others in which he discussed aspects of his trust management, expressing his opinions of me and explaining his decisions to a limited number of beneficiaries, while ignoring my requests for information and refusing to respond to any of my personal and public e-mails. These were not simply chatty and non-partisan conversational phone calls and e-mails - Kerry was aggressively attempting to influence the opinions and actions of certain beneficiaries towards support of his position.

If Eden Rose Brown had any respect for the law she would have removed Kerry from his position as Trustee a long time ago, but since her law firm has colluded with him right from the start - and since she retroactively resigned from her assignment as "Trust Protector" (saying she never accepted the job in the first place) - there is no one in a position to remove Kerry. The "Revocable Trust Agreement" has NO "Trust Protector". Well done, Eden Rose!

In our discussions with David Streicher, the Portland attorney, he estimated it might cost us more than $25,000 to force disclosure of the estate accounting information Kerry has said repeatedly he was willing to provide, but never has. And even then, Mr. Streicher was not be certain we could work around the Section 1.07 Information to Beneficiaries Not Required that Eden Rose Brown cleverly installed in the Trust Agreement to protect Kerry and cover their rear ends.

Now that Kerry has gone off the deep end with his demands that certain beneficiaries "Pick a side" and his targeted phone calls and private e-mails and meetings with some beneficiaries and not others, there is a clear evidentiary basis for moving forward with a legal action that would ask a Marion County court to forcibly remove Kerry P. Burtis as Trustee. If Eden Rose Brown will not do her legally mandated job, I am quite confident we can get an appropriate judge in an Oregon court to do it for her.

Once a qualified Trustee is assigned, we will have full access to the information we have asked for and I am also confident that the new Trustee will deem my incurred legal expenses to be an appropriate and reimbursable trust management expense.