Tuesday, February 10, 2015

Florida Estate case, Creditor Attorney Peter Feaman, Esq. email to the new Personal Representative / Executor of Estate of Simon Bernstein, Brian O’Connell, Esq.


Attorneys at Law being called out by their peers and seemingly ignoring the law?

What is going on? Why are people not being arrested in the Bernstein Estate case? Alan Rose is conflicted, Ted Bernstein is conflicted. Who will FINALLY. Check out the email from Creditor Attorney Peter Feaman, Esq. to Personal Representative / Executor of Estate of Simon Bernstein, Brian O’Connell, Esq.

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''

This email has been made public via court motions in this Illinois Estate Case. 

Judge John Robert Blakey, Alan Rose, Ted Bernstein, Florida Estate Case
https://docs.google.com/file/d/0Bzn2NurXrSkiQWhMRHBoV1ZxUGM/edit

Judge Blakey is a RICO expert as far as I see it, and with this It sure warms my heart knowing that the law will eventually be honored and those lying, disgracing the sacred wishes of the deceased, violating the rights of children and flat out breaking the law knowingly WILL be brought to Justice.

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