Richard Smith Jeff: You specifically requested that the Estate make funds available for four purposes, I will address distributions for the girls generally, and I will also address each of your four requests specifically. In general terms, distributions are to be made f
To
me
Aug 21, 2013
Jeff:
You specifically requested that the Estate make funds available for four purposes, I will address distributions for the girls generally, and I will also address each of your four requests specifically.
In general terms, distributions are to be made for the girls as I deem appropriate in my absolute and uncontrolled discretion, and I have a duty to distribute funds in a way that is in the girls’ best interests. Delivery of cash (or assets that can be easily converted to cash) to an individual who could redirect the money for his or her own purposes rather than for the girls’ benefit is not something that I am willing to do and is not something that is in the girls’ best interests. I cannot provide you with the girls’ funds because of the possibility that you would take the money and use it for yourself and possibly to pay for expenses unrelated to the girls' benefit. With that said, I certainly am able and willing to use funds from the Estate for the girls' benefit as their mother intended.
In regards to your specific requests:
(1) Medical Costs – As I communicated to you earlier, the girls’ medical expenses will be covered. Morgan has health insurance through CIGNA. Please refer to my email to you on August 13, 2013 for the details. For Jennifer, I will make sure that her medical bills are paid. Please put her doctors in contact with me, and I will make sure that the financial arrangements are handled so that Jennifer can obtain any medical care that she may need. I can also pay for medications. It seems that you ignored my earlier email about paying for medical expenses; if you are unable to help the girls obtain the medical care that they need, please let me know and I will make sure that they get the necessary care.
(2) Temporary Residence and Diane’s House – Diane’s house was foreclosed on by the mortgage lender; it is gone and will not be made available. The foreclosure was pending when Diane died, and there was very little equity in the home. I believe you have misunderstood the law about homesteads and the ability of a mortgage lender to foreclose, as opposed to a general unsecured creditor of an estate. It is not my intention to provide you money for housing at this time. You are receiving the girls’ money from social security; it should be expended for their benefit.
(3) School Costs – I will cover school fees and ancillary costs. Norma and I will personally travel to Houston to take the girls’ shopping to buy whatever they may need, including clothing, school supplies, etc.
(4) Vehicle – I can consider making distributions for the repair of the car if I can verify that the disbursement is actually being used to repair a vehicle that is being used as the girls’ primary source of transportation. Can you put me in contact with the repair shop?
If you have suggestions of alternative methods to make use of the funds to provide for the girls that also address the need to make sure that the money is actually used for their benefit, please let me know.
While I do not agree with many of the factual and legal assertions and allegations in your latest emails, I will not address them at this time. Further, if you desire to have your attorney contact my attorney about the house, a family allowance or other legal aspects of the Estate, please do so.
I will address the issue of an Accounting. I am certainly willing to provide a formal accounting, as I am required to do under the Probate and Trust Codes, if that is what you want. However, please be aware that these formal accountings would cost several thousand dollars to prepare and file, money which would then no longer be available for the children. I can provide you with information about the Estate and the respective trusts for Jennifer and Morgan. Each girl has only about $80,000 that is available to them through their respective trusts. This is not a lot of money, especially considering the costs of healthcare, college, etc. I will pull together more information and get it to you in relation to the assets for the children.
At this time, I have interpreted your emails as a request for information, but not as a request for the expenditure of funds necessary to obtain a formal Accounting. If you want a formal Accounting under statutes that you cited, then please let me know in a clear and unambiguous way. I do not want there to be any misunderstanding about whether it was necessary to spend the money required for the preparation and filing of a formal Accounting.
Richard A. Smith
1215 E Villa Maria Rd
Bryan, TX 77802-2520
(800) RICHARD (742-4273) Office Phone
me On Wednesday, August 21, 2013 4:54 PM, Richard Smith <rsmith@cbunited.com> wrote: Jeff: You specifically requested that the Estate make funds available for four purposes, I will address distributions
To
jeff@radframeworks.com
Jun 8
On Wednesday, August 21, 2013 4:54 PM, Richard Smith <rsmith@cbunited.com> wrote:
Jeff:
You specifically requested that the Estate make funds available for four purposes, I will address distributions for the girls generally, and I will also address each of your four requests specifically.
In general terms, distributions are to be made for the girls as I deem appropriate in my absolute and uncontrolled discretion, and I have a duty to distribute funds in a way that is in the girls’ best interests. Delivery of cash (or assets that can be easily converted to cash) to an individual who could redirect the money for his or her own purposes rather than for the girls’ benefit is not something that I am willing to do and is not something that is in the girls’ best interests. I cannot provide you with the girls’ funds because of the possibility that you would take the money and use it for yourself and possibly to pay for expenses unrelated to the girls' benefit. With that said, I certainly am able and willing to use funds from the Estate for the girls' benefit as their mother intended.
In regards to your specific requests:
(1) Medical Costs – As I communicated to you earlier, the girls’ medical expenses will be covered. Morgan has health insurance through CIGNA. Please refer to my email to you on August 13, 2013 for the details. For Jennifer, I will make sure that her medical bills are paid. Please put her doctors in contact with me, and I will make sure that the financial arrangements are handled so that Jennifer can obtain any medical care that she may need. I can also pay for medications. It seems that you ignored my earlier email about paying for medical expenses; if you are unable to help the girls obtain the medical care that they need, please let me know and I will make sure that they get the necessary care.
(2) Temporary Residence and Diane’s House – Diane’s house was foreclosed on by the mortgage lender; it is gone and will not be made available. The foreclosure was pending when Diane died, and there was very little equity in the home. I believe you have misunderstood the law about homesteads and the ability of a mortgage lender to foreclose, as opposed to a general unsecured creditor of an estate. It is not my intention to provide you money for housing at this time. You are receiving the girls’ money from social security; it should be expended for their benefit.
(3) School Costs – I will cover school fees and ancillary costs. Norma and I will personally travel to Houston to take the girls’ shopping to buy whatever they may need, including clothing, school supplies, etc.
(4) Vehicle – I can consider making distributions for the repair of the car if I can verify that the disbursement is actually being used to repair a vehicle that is being used as the girls’ primary source of transportation. Can you put me in contact with the repair shop?
If you have suggestions of alternative methods to make use of the funds to provide for the girls that also address the need to make sure that the money is actually used for their benefit, please let me know.
While I do not agree with many of the factual and legal assertions and allegations in your latest emails, I will not address them at this time. Further, if you desire to have your attorney contact my attorney about the house, a family allowance or other legal aspects of the Estate, please do so.
I will address the issue of an Accounting. I am certainly willing to provide a formal accounting, as I am required to do under the Probate and Trust Codes, if that is what you want. However, please be aware that these formal accountings would cost several thousand dollars to prepare and file, money which would then no longer be available for the children. I can provide you with information about the Estate and the respective trusts for Jennifer and Morgan. Each girl has only about $80,000 that is available to them through their respective trusts. This is not a lot of money, especially considering the costs of healthcare, college, etc. I will pull together more information and get it to you in relation to the assets for the children.
At this time, I have interpreted your emails as a request for information, but not as a request for the expenditure of funds necessary to obtain a formal Accounting. If you want a formal Accounting under statutes that you cited, then please let me know in a clear and unambiguous way. I do not want there to be any misunderstanding about whether it was necessary to spend the money required for the preparation and filing of a formal Accounting.
Richard A. Smith
1215 E Villa Maria Rd
Bryan, TX 77802-2520
(800) RICHARD (742-4273) Office Phone
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