Sunday, July 30, 2017

Why is Ted Trustee? Judge after Judge Protected Ted's actions, Why? "specifically preclude Theodore from acting as Trustee"

"MOTION TO COMPEL TRUST ACCOUNTING UNDER 
FLORIDA STATUTE 736.0813 AND 736.08135

COMES NOW, Eliot Ivan Bernstein ("Eliot" or ''Plaintiff), individually and as a
beneficiary of the "SHIRLEY BERNSTEIN TRUST dated May 20, 2008, as amended" and
ELIOT IVAN BERNSTEIN as Trustee of the "ELIOT BERNSTEIN FAMILY TRUST dated
May 20, 2008", PRO SE, and Eliot as Guardians for his three minor children, as alleged
beneficiaries of the "SHIRLEY BERNSTEIN TRUST dated May 20, 2008, as amended'' and
hereby files this "MOTION TO COMPEL TRUST ACCOUNTING UNDER FLORIDA
STATUTE 736.0813 AND 736 08135'' and in support thereof states, as follows:

1. It is alleged that Ted Bernstein began acting as the alleged Successor Trustee of the "SHIRLEY
BERNSTEIN TRUST dated May 20, 2008, as amended" on or about September 13, 2012 and
this despite language in the alleged trust that specifically preclude Theodore from acting as
Trustee, as he is considered predeceased for all purposes of disposition and distributions of the
trust.

2. That the current alleged Successor Trustee, Ted Bernstein has violated Florida Statute 736.0813  l(a), by failing to within 60 days of acting as Trustees provide beneficiaries notice of the trust the full name and address of the trustee, and that the fiduciary lawyer-client privilege ins.
90.5021 applies with respect to the trustee and any attorney employed by the trustee. In fact Ted
has worked in opposite of this code to intentionally and \vith sci enter, suppress, deny, alter and or
destroy dispositive documents and accounting records leaving the administration Md accounting
in a virtual black hole for over two years.

Florida Statute 736.0813 Duty to inform and account -The trustee shall keep the qualified
beneficiaries of the trust reasonably informed of the trust and its administration.

736.0813 (l)(a) Within 60 days after acceptance of the trust, the trustee shall give notice to
the qualified beneficiaries of the acceptance of the trust~ the full name and address of the
trustee, and that the fiduciary lawyer-client privilege ins. 90.5021 applies with respect to the
trustee and any attorney employed by the trustee.

3. That the current alleged Successor Trustee, Ted Bernstein has violated Florida Statute 736.0813 l(b), by failing to \vi.thin 60 days of acting as Trustees provide beneficiaries notice of the trust, the identity of the settlor(s), the right to request a copy of the trust instrument, the right to
accountings under this section and that the fiduciary lawyer-client privilege in s. 90.5021 applies
,vith respect to the trustee and any attorney employed by the tmstee. In fact the fiduciaries have
worked in opposite of this code to intentionally and v.~th sci enter, suppress, deny, alter and or
destroy dispositive documents and accounting records leaving the administration and accounting
in a virtual black hole.

Florida Statute 736.0813(l)(b)

Within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable
trust, or the date the trustee acquires knowledge that a fonnerly revocable trust has become
irrevocable, whether by the death of the settlor or otherwise, the trustee shall give notice 1o
the qualified beneficiaries of the trust's existence, the identity of the settlor or settlors, the
right to request a copy of the trust instrument, the right to accountings under this section, and
that the fiduciary lmvyer-client privilege in s. 90.5021 applies ,vith respect to the trustee and
any attorney employed by the trustee.

4. That the current alleged Successor Trustee, Ted Bernstein has violated Florida Statute 736.0813
1 (c), by failing to provide beneficiaries with a complete copy of the original .2008 trust
instrument v,ith all codicils, amendments, addendums, etc. despite repeated ,vritten and oral
requests by beneficiaries. Further, inspection of the original 2008 trust document has been
denied despite Tescher and Spallina admitting that their law firm ALTERED POST MORTEM a
document in the Shirley Bernstein Trust and FORGED and FRAUDULENTLY NOTARIZED
six documents for SIMON POST MORTEM to close Shirley's Estate, all as part of a larger fraud
to illegally alter and change beneficiaries of the Simon and Shirley Trusts and convert assets to
improper parties, including Ted, causing beneficiaries ihe need to verify the original documents
and have them inspected as to their validity.

Florida Statute 736.0813(1)( c)

Upon reasonable request, the trustee shall provide a qualified beneficiary with a complete
copy of the trust instrument.

5. That the current alleged Successor Trustee, Ted Bernstein has violated Florida Statute 736.0813
l(d), by failing to provide beneficiaries "Trustee with a trust accounting as set forth ins. 736.08135 from the date of last accounting, which there has been none since December 08,
2010 when the decedent died and since Ted became alleged Successor Trustee on September 13,
2012. No statutorily required accounting was done annually by the former Trustees or the
current alleged Successor Trustee, Ted.

Florida Statute 736.0813(l)(d)

A trustee of an irrevocable trust shall provide a trust accounting, as set forth ins. 736.08135,
from the date of the last accounting or, if none, from the date on which the trustee became
accountable, to each qualified beneficiary at least annually and on termination of the trust or
on change of the trustee.

6. That the current alleged Successor Trustee, Ted Bernstein has violated Florida Statute 736.0813
l(e), by failing to provide beneficiaries with relevant information about the assets and liabilities
of the trust and the particulars relating to administration and have refused repeated written and
oral demands to comply with this section.

Florida Statute 736.0813( l)(e)

Upon reasonable request, the trustee shall provide a qualified beneficiary with relevant
information about the assets and liabilities of the trust and the particulars relating to
administration.

7. 'That the current alleged Successor Trustee, Ted Bernstein has violated Florida Statute
736. 08135(1) by failing to provide beneficiaries a reasonably understandable report from the dale
of last accounting, which there has been none done ever from the date the trustees became
accountable and thus there was no disclosure whatsoever of the assets and liabilities of the trust
corpus.

736.08135 Trust accountings.- 
Cl) A trust accounting must be a reasonably W1derstandab]e report from the date of the last
accounting or, if none, from the date on which the trustee became accountable, that
adequately discloses the information required in subsection (2).
8. Ted Bernstein have all v.iolated Florida Statute 736.08135(2)(a)(b)(c)(d)(e)&(:f) by failing to
provide ANY timely and legally required a countings lo the beneficiaries.

736.08135
(2)(a) lne accounting must begin \.vith a statement identifying the trust, the trustee
furnishing the accounting, and the time period covered by the accounting.
(b) The accounting must show all cm;h and property transactions and all significant
transactions affecting administration during the accounting period, including compensation
paid to the tmstee and the trustee's agents. Gains and losses realized during the accounting
period and all receipts and disbursements must be shown.

(c) To the extent feasible, the accounting must identify and value trust assets on hand at the
close of the accounting period. For each asset or class of assets reasonably capable of
valuation, the accounting shall contain two values, the asset acquisition value or carrying
value and the estimated current value. The accounting must identify each known
noncontingent liability with an estimated current amount of the liability if known.

(d) To the extent feasible, the accounting must show significant transactions that do not
affect the amount for which the trustee is accountable, including name changes in investment
holdings, adjustments to carrying value, a change of custodial institutions, and stock splits
(e) The accounting must reflect the allocation of receipts, disbursements, accruals, or
allowances between income and principal when the allocation affects the interest of any
beneficiary of the trust.

(i) The trustee shall include in the final accounting a plan of distribution for any
undistributed assets shown on the final accounting.

9. That on September 13, 2012 Ted Bernstein began acting as the alleged Successor Trustee of the
Shirley Trust, despite language in the trust that precludes him from acting as Trustee.
WHEREFORE, Eliot requests that this Court enter an order;

1. To compel trust accounting under Florida Statute 736.0813 AND 736.08135 and
within 10 days of the Court Order as enough time has passed since the death of the
decedent (over two years) to demand an expedited accounting,

ii. to on the Comi's own initiative remove Ted Bernstein as alleged Successor Trustee
for failing to follow Florida Trust Codes and Statutes,

iii. for legal fees of EliotBemsiein ro Se,"

Source of Above  and Full Document is Exhibit B Linked at Bottom of Link Below
https://drive.google.com/file/d/0Bzn2NurXrSkicXNRdngwMEVpSjg/view?usp=sharing


TO my Knowledge there has never been actual accounting in these matters, not sure how the Self Claimed Trustee Ted Bernstein or his befuddled Attorney Alan Rose are getting away with that, nor how PR Brian O'Connell is getting away with no actual REAL accounting of the Estate Assets.

Also Check Out

"Mr. O'Connell read the 2012 restated revocable trust of Simon and brought to the attention of Judge Colin that it does not appear that Ted is qualified to be appointed as trustee based on the trust language. "
http://tedbernsteinreport.blogspot.com/2017/07/statement-from-bill-stansbury-florida.html