Thursday, February 12, 2015

Minor children involved is the reason to tell the world about Alan Rose who is harming the quality of life of minor children. Alan Rose, Florida attorney and the Bernstein estate case.

Subject: Alan Rose and Ted Bernstein Conflicts of Interest and Demands for Resignation and other issues

Alan, which minor children are included in the email addresses and I am glad you have no need to copy the world but what I choose to do is not debatable with you or influenced by your desire to keep things in the dark, especially where they are exposing the crimes being committed by your client Ted as an alleged fiduciary and you as his attorney knowingly aiding and abetting his and others criminal acts and civil torts.  I think everyone should be aware of what you have done so that others may not retain your services.  

Second, you have been nothing but difficult on setting times and making this harder on everyone involved, especially where it comes to having the hearing to remove Ted, which Judge Colin has been waiting to hear for months while you have delayed, delayed and delayed, billing up enormous costs to the estates and trusts.  

By the way, can you please immediately forward me and my children copies of all your billings to the Estates and Trusts and those of your client Ted, this is a formal demand. 

As for my extension to get my reimbursements under the Will paid, I am not sure what business it is of yours or your client as it is a claim with the Estate where Ted is not a beneficiary but if you want the details read the pleadings I filed, which I believe explains everything clearly.  

I am not sure what you have to agree with as the matter is between my family and the estate, if the estate is short on the funds Brian can deal with you if necessary.  

After you sabotaged my children’s future and caused massive damages to their health and educational futures I have nothing to say to you other than who is your insurance carrier and have you reported the allegations and lawsuits against you and your firm to them?

As for Trust Construction and really anything else you plan on filing, we will object until the hearings to determine if Ted is now qualified to act as a fiduciary are heard first. 

I have come into possession of a letter from attorney at law Peter Feaman, Esq. addressed to Brian O’Connell, Esq. that details certain of the unethical and alleged illegal acts of BOTH YOU AND YOUR CLIENT and I am certain Brian will be contacting Judge Colin and the proper authorities of this letter and the criminal and unethical acts it exposes and seek to have you removed as suggested by Peter Feaman, Esq.  

I would suggest that all attorneys copied herein also do the same thing and report the misconduct of Mr. Rose and Mr. Ted Bernstein immediately to the authorities as you are duty bound to do under ethics rules and law.  An excerpt of the letter follows:

Subject: Bernstein Estate
Date: Tue, 16 Dec 2014 15:57:54 -0500
From: pfeaman@feamanlaw.com
To: boconnell@ciklinlubitz.com
CC: jroyer@feamanlaw.com
Brian,
When you and I spoke last week you indicated that you were in favor of the settlement that Mr. Stansbury had signed and sent to you for signature.
You indicated that you had to work out funding with the trust.

Meanwhile, the Life insurance litigation in Chicago is moving forward.
Our attorneys are taking a deposition in Chicago the week after New Years of "Scooter" Bernstein, I think.

They also want to depose Ted Bernstein and Robert Spallina in early January as well.

I offered my office as a locale for those depositions.

Deposing Ted Bernstein in the Chicago action poses some serious conflict of interest issues for Ted Bernstein and ethical issues for Mr. Rose as the Florida attorney for Mr. Ted Bernstein.

He is being deposed as a party Plaintiff in the Chicago action, the purpose of which is to direct $1.7 million in life insurance to the 5 adult children of Simon Bernstein away from the Bernstein estate.

Yet Mr. Rose represents Ted Bernstein as Successor Trustee to the Simon Bernstein Trust, the beneficiaries of which are the GRANDCHILDREN OF Simon Bernstein, and the Trust is the beneficiary of the Simon Estate which is directly opposed to the position of Ted Bernstein as Plaintiff in the Chicago Life Insurance litigation.

Just as Ted Bernstein cannot wear both hats, it seems that Alan Rose cannot represent a client so conflicted.

Further, it would seem to me that the estate (you as Personal Representative) has an absolute duty to demand Ted's resignation as Successor Trustee, as his continued role as such imperils the interests of the grandchildren, to whom you owe a fiduciary duty as the Personal Representative.

The bottom line is that the more this drags on, the worse it is going to get for all concerned.

At some point, respectfully, I think you are going to have to take the bull by the horns and 1.) demand that Ted Bernstein resign as Successor Trustee and 

2.) Take an active role in directing the attorneys in Chicago to push the case in order to bring it to a successful resolution on behalf of the estate, either by settlement or trial. This means taking over the responsibility for the litigation from Mr. Stansbury in light of the favorable position that the Estate is now in as a result of Mr. Stansbury 's efforts.

I welcome your thoughts on this.

Peter M. Feaman


I would like to schedule two hour deposition of you and your client Ted to further explore the criminal and ethical issues raised in this email above, what are good times? 

I have asked for times for these depositions for months but you continue to evade giving me good times so I will seek a court order if I do not hear by the end of this week.  

Also, I believe since you and Ted refuse to resign and continue to act knowingly violating law and ethics, Mr. O’Connell should be careful in working or even talking to you and your client until the court and the authorities have reviewed and made determination on the very serious allegations raised by Mr. Feaman and others against both of you.

Eliot''

From: Alan Rose [mailto:ARose@mrachek-law.com]
Sent: Monday, February 9, 2015 10:36 AM
To: Eliot Ivan Bernstein
Cc: John P. Morrissey; O'Connell, Brian M.; Foglietta, Joy A
Subject: RE: 1/2 hour hearing times

First, I again request that you limit the copies to the parties and counsel.  There are minor children involved, and there is no need to copy everyone in the world on communications relating to these matters.

Second, I am not difficult on scheduling issues.  However, these are dates we previously rejected.  It is spring break week in Palm Beach County public schools.  I assume that is why these dates are so readily available, because many including me are unavailable or out of town.  If you get some dates for a different week, I am sure we can all agree on one.

As to the request for an extension to file late claim, can you explain simply exactly what you contend are the grounds for this request, and state who, when and what was either told to you/someone else and/or done to cause the delay.  I have discussed the matter with Brian O’Connell, and am considering whether we would agree to your request without a hearing.  Please advise so we can consider.

Third, I need to set the half-day trial on Count II of the Trust Construction case.  Do you refuse to agree to a date for that, absent court order.

Fourth, during one of the last hearings, you indicated that you had statements or documents showing millions in Simon’s account.  We already have requested such documents formally, and you have never produced any.  

If you have any documents or evidence that Simon or Shirley had additional assets, you should provide those immediately to Brian O’Connell and me.  I doubt there are such documents, but if there are you should provide them as soon as possible.



    Alan B. Rose, Esq.''


So funny Alan Rose's client give no accounting, sells a condo illegally as far as I see it. Yet wants to know what anyone else may know or have? What a joke.

Obey the Law Alan Rose. The TRUTH is the TRUTH. You may as well start obeying the law.

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