Draft

Jean O'Connell tells the accountants(s) to fund the trust. The accountants don't fund the trust but create obstacles that leave a paper trail that makes it appear that the family doesn't want to fund the trust.


I don't understand why the final account for the estate for my dad, H. A. O'Connell was not done years ago and that I was not told that I had to qualify as Trustee. He died on May 26, 1975. I do not understand why I, as nominated Trustee in his Will Joanne Barnes did not tell me, as nominated Trustee in his Will, or mother, Jean O'Connell, the executor of his Will, that a final court account was required which would transfer the residual estate to the testamentary trust, and that I had to qualify at the court as Trustee. had to be done. The final estate account would transfer the residual estate to the trust, automatically closing the estate and funding the trust. Nothing else can do this such as an "Agreement"or "reciept". The final estate account is the only thing needed and the only thing asked for. I don't understand why the accountants delayed the final estate account for 14 months and made appear to my mother that I was the source of the delay. About 4 months into the delay the accountants surplant me and Philip Shalloway as co-ececutors of Jean O'Connell's will. They almost surplant me as Trustee. ficuDuring this period the accountants gained control of Jean O'Connell's future estate and almost the trust.

Note: The final estate account transfers the residual estate from the estate to the trust. It automatically closes the estate and funds the trust. The trustee would be in control of the assets transferred to the trust and the accountants would not. The final estate account is the only thing needed from the accountant(s) and the only thing asked for (May 1985: "First thing is to have the final accounting based on same figures as in the 1st accting.  Send it to me- do I have to sign it"). I do not understand why the accountants withheld the final estate account for 14 months and created paper trails of confusion and conflict that make it appear as if the family is the problem.

Correspondence

(fund trust)
1985.05.08   (Robert McCandlish to Jean O’Connell) (Copy to Anthony O'Connell)
"According to the inventory filed for the above estate the gross value was $90,650.27 and under the terms of the will one-half of the estate goes to you as the "Marital Share" (one-half being the amount allowed the wife without estate tax by IRS) and the balance goes to the "Residuary Estate" which shall be held in trust bt Anthony M. O-Connell, as Trustee, and the income paid to you and, in the sole discretion of the Trustee as to time and amount, the principal of the trust may be used for your support and maintenance.
This trust must be set up since we cannot ignore the will and at your death the balance in the trust goes to your three children or their issue.  At this time, we don’t know who that will be.
 Please advise me what is being done to set up this trust.  As a non-resident, Anthony M. O’Connell can act as Trustee only if a resident of Virginia qualifies with him or a Virginia resident is designated as an agent to receive notices and processes from the Court and the Commissioner of Accounts. 
It is possible that an indemnification agreement can be worked out so the trust need not be funded, but this office should not advise you about such an agreement
Very truly yours,”

(fund trust)
1985.05.30 (Jean OConnell to Commissioner of Accounts (draft)
"SAVE  RE  Est of HAOC   45,325.00
In answer to your letter of May 8th regarding progress the in establishing a trust to be set up required by the will with Anthony M. OConnell as trustee I would like to report that a co-trustee has agreed to serve with him.
Ms Jo Ann Barnes
Home address
7225 Pine Drive, Annandale, Va. 22003
354-0673 - office
I am   She will be working on this soon with a lawyer.   I had hoped that the procedure of setting up a trust could be simplified instead by putting title to that amt  the "Residuary Estate" (my home) in the names of my three children and   - the same as listed in the will to receive it.    There should be more definite progress soon and I will inform your office then.
V T Y
J M O'C Extrx  
Sent 5/31/85
To Commissioner of Accts.
Sent 5/31/85"

 

 

     

Shortly after receiving Robert McClandlish's letter of May 8, 1985

     
     
     
     
     
     
     
     
     
     
Above: Jean O'Connell's instructions to Joanne Barnes.
     
     
     
     
Above: Joanne Barnes instructions to Jean O'Connell
     

 

Jean O'Connell's instructions to Joanne Barnes

(fund trust)
1985.05.14* (Jean OConnell's memo of her phone call to Joanne Barnes. Jean O'Connell in bold)
"So Kaiser-Hilton.  Joanne - 549-7800
 My son Tony called.  He said he wanted very much to be the full trustee with an agent to receive notices and processes from the court & commissioner as in the May 8th letter.  Would First thing is to have the final accounting based on same figures as in the 1st accting.  [4] Send it to me- do I have to sign it"
(Editing note: The following was apparently what Joanne Barnes told Jean OConnell)
call- will do draft of final acting. Deed to property-convey to court.  Needs how much

Joanne Barnes secrect instructions to Jean O'Connell

(obstacles: draft, deed, how much)
1985.05.14* (Jean OConnell's memo of her phone call to Joanne Barnes. Joanne Barnes in bold))
"So Kaiser-Hilton.  Joanne - 549-7800
 My son Tony called.  He said he wanted very much to be the full trustee with an agent to receive notices and processes from the court & commissioner as in the May 8th letter.  Would First thing is to have the final accounting based on same figures as in the 1st accting.  Send it to me- do I have to sign it"
(Editing note: The following was apparently what Joanne Barnes told Jean OConnell)
call- [3] will do draft of final acting. [2] Deed to property-convey to court.  [1] Needs how much

(3) Draft

(obstacle: draft)
1986.04.10   (Edward White to Joanne Barnes) (Copy to Jean O'Connell ) (I did not know of this letter until I found it in my mother's papers after her death on September 15, 1991)
"I have agreed with Anthony O'Connell's attorney that we will provide them with a draft of the final accounting in the Harold O'Connell Estate.  This, I think, will allay all of the suspicions that have arisen on the other side in this matter. 
If you could commence preparing that, I would appreciate it.   I am enclosing a copy of the nearly signed Agreement, by which the Trustees agree to take possession of the percentage interest of the property.  
Thank you.
Sincerely, Edward J. White"

(obstacle: draft)
1986.04.25   (Edward White to Henry Mackall) (No copy to another) (I did not know of this letter until I found it in my mother's papers after her death on September 15, 1991)
"Enclosed is the draft by Ms. Barnes of the Final Accounting.  
I have taken the liberty of correcting a typographical error on the distributions to reflect 53.9006% vice 3.9006%.  
I would appreciate it if you would forward this to Mr. O'Connell and clarify with him his intention to qualify on May 1st.   
If he does not agree or requests further delaying tactics, I feel that I have no other recourse in serving my client than to seek to have him removed as a Trustee.  This matter is costing Mrs. O'Connell dearly with the delay.

Oh, this is draft, don't need Mackall's letter?)

81 (Mackall)
1986.05.08   (Henry Mackall to Anthony O’Connell and H.A. Higham)
"Enclosed please find a copy of my letter to Mr. White together with copy of a proposed Petition and Order in connection with the bond problem we ran into when you attempted to qualify [On May 1].  I have discussed this with Mr. White and expect no problem getting it entered.  If either of you have any objections to anything in either of these documents please let me know.
Sincerely, Henry C. Mackall”
(Enclosure to above)
1986.05.08   (Henry Mackall to Edward White)
"Enclosed is a copy of the Petition I plan to file in connection with the bond matter I discussed with you on the phone.  Also enclosed is the original and a copy of these documents please give me a call.  If you agree with what I am proposing please have Mrs. O'Connell sign the proposed Order and send it back to me with your endorsement.  I think it certainly should be entered and trust that I will not have any difficulty getting it done. 
Thank you for your assistance.
Sincerely, Henry C. Mackall”
(MAKE ENCLOSURE SEPERATE???)