HomeMy WebLinkAbout02-27-09C7 a
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IN RE: : IN THE COURT OF COMMON PL~OF w ~~
:CUMBERLAND COUNTY, PENNANT ~',
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QTIP TRUST U/A - ~ ~ ~~
GEORGE F. DIXON, JR. :ORPHANS' COURT DIVISION >`=- ~ t
No. 21-1994-0754 -~ ~ o :~-~=;
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OBJECTIONS BY MARSHALL L. DIXON, EXECUTOR OF THE ESTATE OF LOTTIE
IVY DIXON. TO FIRST AND FINAL ACCOUNT
AND NOW comes Marshall L. Dixon, Executor of the Estate of Lottie Ivy Dixon, by and
through his attorneys McNees Wallace & Nurick LLC, and files the following Objections to the
First and Final Account of the Co-Trustees of the George F. Dixon, Jr. QTIP Trust under
Agreement dated May 16, 1985, and accompanying Petition for Adjudication, and avers as
follows:
Lottie Ivy Dixon died June 28, 2007, leaving a last Will and Testament dated
November 16, 2005 on which letters testamentary were granted to Marshall L. Dixon (the
"Executor"), Objector herein, on July 19, 2007.
2. Item 13 of the Co-Trustees' Petition for Adjudication incorrectly describes the
dispute between the Co-Trustees and the Estate of Lottie Ivy Dixon in that it fails to
acknowledge that from the date of death of Mrs. Dixon, the QTIP Trust owed a substantial sum
to the Estate which it refused to satisfy.
3. By way of further explanation, as of the date of Mrs. Dixon's death, one of the
individual Co-Trustees. George F. Dixon, III, had three outstanding mortgage loans owed to the
QTIP Trust on which no interest or principal had been paid since 2002.
4. The total of such unpaid interest, along with applicable late fees, as calculated by
the corporate Co-Trustee, M&T Bank, was $146,970.95 (the "Estate Receivable"); pursuant to
the terms of the QTIP Trust, all accumulated income was to be paid to the estate of Mrs. Dixon
at her death.
{A1490522:1 }
~~
5. We believe that the Estate Receivable amount was calculated by the QTIP Co-
Trustees to consist of $138,376.15 in unpaid interest and $8,594.80 in late fees, on outstanding
loan amounts of $388,722.60, however, the Account contains insufficient information to
determine whether those amounts are accurate.
6. Through their counsel, the QTIP Co-Trustees admitted that the accumulated
income represented by the Estate Receivable was due Mrs. Dixon at her death and was therefore
due to be paid to her Estate; however, instead of paying over the Estate Receivable to the Estate,
the Co-Trustees distributed the Estate Receivable to themselves as Co-Trustees of the Lottie I.
Dixon Trust under agreement dated June 15, 1989, without any legal authority to do so. A true
and complete copy of correspondence from counsel for the QTIP Co-Trustees to counsel for the
Executor to such effect is attached hereto as Exhibit "A."
7. Subsequent demands for the Estate Receivable went unanswered. See attached at
Exhibit "B," a true and complete copy of correspondence dated May 15, 2008 from counsel for
the Executor to counsel for the QTIP Co-Trustees.
As a result of the refusal by the QTIP Co-Trustees to pay over the Estate
Receivable to the Estate, the Estate was forced to borrow cash from the Executor and incur
interest for such borrowing. A calculation of the interest incurred by the Estate is attached hereto
as Exhibit "C."
9. The Estate received the refund of Federal Estate Tax on or about June 24, 2008,
and not having received any response from the Co-trustees to the demand for the Estate
receivable, the Estate calculated and offset the Estate Receivable against the portion of the
federal estate tax refund owed to the QTIP trust and other tax payments made by the Co-
Trustees, without interest, and paid over the balance to the QTIP Trustees. See attached
correspondence dated June 24, 2008 at Exhibit "D" from counsel for the Executor to counsel for
the QTIP Co-Trustees.
10. The Executor lacks sufficient supporting information to verify the calculation of
the interest and late fees due from George F. Dixon, III to the QTIP Trust as of the date of Mrs.
tA1490522:1 }
Dixon's death and therefore to determine whether the Trust's calculation of the Estate receivable
is accurate. Counsel for the QTIP Co-Trustees has not responded to requests for such supporting
information. See attached at Exhibit "E," a true and complete copies of correspondence dated
October 15, 2008 and December 30, 2008 from counsel for the Executor to counsel for the QTIP
Co-Trustees.
11. The Executor objects to the payment of the sum of $146,970.95 to the Co-
Trustees of the Lottie I. Dixon Trust dated June 15, 1989, on December 20, 2007 as set forth on
the Account at page 291.
WHEREFORE, the Executor respectfully requests that
a. The QTIP Co-Trustees be directed to supply to the Executor copies
of all Notes and Mortgages given by George F. Dixon, III, to the QTIP Trust,
along with all related documentation necessary to substantiate the QTIP Co-
Trustees' calculation of the Estate Receivable.
b. The QTIP Co-Trustees be directed to deposit or otherwise
negotiate the check issued by the Estate to the QTIP Trust in full satisfaction of
the balance of the federal Estate Tax Refund owed by the Estate to the QTIP
Trust.
c. The Estate be awarded interest totaling $1,854.90 on the Estate
Receivable from December 20, 2007 to June 24, 2008 at the Applicable Federal
Short-term Rate then in effect from month to month.
d. The Estate be awarded the counsel fees that it has incurred as a
result of the refusal of the QTIP Trustees to pay over the Estate Receivable
rightfully owed to the Estate from the QTIP Trust.
{A1490522:1}
The QTIP Co-Trustees be directed to recover the sum of
$146,970.95 improperly paid to the Lottie I. Dixon Trust on December 20, 2007.
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
Elizabeth P. M au
Kimberly M. Colonna
I.D. No. 80362
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for the Accountant
Date: February 27, 2009
{A1490522:1 }
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~~~~~~~.
BROADS 1111"' -=
& SINON LLP
Stanley A. Smith
ph (717) 231-6628
fx (717) 231-6676
ssmithQrhoads-sinon.com
fl1.~NO: 10789/01
December 27, 2007
RE: ESTATE OF LOTTIE I. DIXON
Elizabeth P. Mullaugh, Esquire
MCNEES, WALLACE & NURICK
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Dear Elizabeth:
On or about December 20, 2007, the Trustees of the Dixon QT1P Trust transferred
$146,970.95 to the Lottie I. Dixon Revocable Trust. This amount represents the interest that was
due to Mrs. Dixon at her passing. George and Richard Dixon, being a majority of the Trustees of
the QTII' Trust, want the funds to beheld in Mrs. Dixon's Revocable Trust pending the outcome
of their investigation into Marshall's involvement in Mrs. Dixon's financial affairs.
Very truly
IKON .
cc: Mr. Joseph A. Macri, M&T Bank
Mr. George F. Dixon, III
Mr. Richard E. Dixon
o~~~od~~
JAN,:- 3 2008
674745.1
Rhoads 6r Sinon LLP Attorneys at Law • Twelfth Floor • One South Market Square • P.O. Box 1146
Harrisburg, PA 17108-1146 • ph (717) 233-5731 fx (717) 232-1459 • www.rhoads-sinon.com
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M~Nees Wallace & Nurick LLC
attorneys at law
~~~ ;
ELIZABETH P. MULLAUGH
DIRECT DIAL: (717) 237-5243
DIRECT Fax: (717) 260-1729
E-MAIL ADDRESS: EMULLAUGH@MWN.COM
May 15, 2008
Stanley A. Smith, Esq.
Rhoads & Sinon, LLP
One Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
RE: Estate of Lottie Ivy Dixon
Our File: 25911-0001
Dear Stan:
We are in receipt of your letter of May 5, 2008 regarding the proposed principal
distributions to the beneficiaries of the George Dixon Jr. QTIP Trust. On behalf of our client,
Marshall L. Dixon, we object to any such distributions being made until certain matters are
resolved.
As you are aware, the QTIP Trust owes the Estate $146,970.95 in satisfaction of the
Estate's right to the accrued interest on George Dixon III's mortgages due the QTIP as of
Lottie Ivy Dixon's date of death. Per your letter of December 27, 2007, the individual Co-
Trustees of the QTIP Trust have refused to pay over the outstanding amount pending their
"investigation" into Mrs. Dixon's financial affairs. Notably, there has been no action in that
"investigation" for several months.
In the meantime, the Estate has been unable to pay its debts and administrative
expenses without borrowing funds. Interest on these loans represents an additional
expense for the Estate necessitated only by the QTIP Trustees' recalcitrance.
Therefore, please regard this letter as a formal objection to the proposed partial
principal distribution from the QTIP Trust and a further demand for the $146,970.95 due to
the Estate from the QTIP Trust.
Very truly yours,
McNEES WALLACE & NURICK LLC
cc: Marshall L. Dixon
P.O. Box 1166. 1 OO PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM
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McNees Wallace & Nurick LLB
attorneys at law
June 24, 2008
Stanley A. Smith, Esq.
Rhoads & Sinon, LLP
One Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
RE: Estate of Lottie Ivy Dixon
Our File: 25911-0001
Dear Stan:
ELIZABETH P. MULLAUGH
DIRECT DIAL: (717) 237-5243
DIRECT FAX: (717) 260-1729
E-MAIL ADDRESS: EMULLAUGH@MWN.COM
The Estate has received the refund of federal estate taxes in the amount of
$147,842.80. This amount has been deposited into the Estate Account. Of this amount,
$137,812.50 is owed to the QTIP Trust for its overpayment of taxes allocable to the QTIP
assets. Smaller amounts are owed to Marshall Dixon and Charlotte Dixon for their
overpayments.
At the same time, the QTIP Trust continues to owe the Estate $146,970.95 in
satisfaction of the Estate's right to the accrued interest on George Dixon III's mortgages due
the QTIP as of Lottie Ivy Dixon's date of death. Per your letter of December 27, 2007, the
individual Co-Trustees of the QTIP Trust have paid over the accrued interest to Mrs. Dixon's
Revocable Trust but have refused to pay over the outstanding amount to the Estate pending
their "investigation" into Mrs. Dixon's financial affairs..
To resolve these matters, we are distributing $9,468.69 to the QTIP Trust, which is
the amount of the refund allocable to the QTIP ($137,812.50) less the amount owed to the
Estate by the QTIP Trust reduced by the amount of taxes paid by the Revocable Trust from
the funds distributed to it by the QTIP:
137,812.50 - (146,970.95-18,626.67) = 9,648.22.
A check is enclosed herewith.
P.O. Box 1166. 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM
COLUMBUS, OH STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC
Stanley A. Smith, Esq.
June 24, 2008
Page 2
The Estate will also make payments to Marshall Dixon in the amount of $6,498.64
and Charlotte Dixon in the amount of $2,373.25 in satisfaction of the portions of the refund
allocable to them respectively. The Estate will retain the balance of $129,502.69 and use
the funds to repay loans made to it by Marshall Dixon and to pay any remaining expenses.
Any monies remaining in the Estate at the end of administration, upon approval of the
Estate account by the Court and/or the parties, will be distributed to the Revocable Trust to
be distributed therewith.
Should you have any questions, please let me know.
Very truly yours,
McNEES WALLACE & NURICK LLC
Enclosures
cc: Marshall L. Dixon
Thomas P. Gacki, Esq.
No V. Otto, III, Esquire (all w/copy of enclosures)
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M~Nees Wallace & Nurlck LLC
attorneys at law
FIlE CJ' y
ELIZABETH P. MULLAUGH
DIRECT DIAL: (717) 237-5243
DIRECT FAx: (717) 260-1729
E-MAIL ADDRESS: EMULLAUGH 4t7MWN.COM
October 15, 2008
Stanley A. Smith, Esq.
Rhoads & Sinon, LLP
One Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
VIA EMAIL AND REGULAR MAIL
RE: Estate of Lottie Ivy Dixon
Our File: 25911-0001
Dear Stan:
As you are aware, the Co-Trustees of the QTIP Trust (and of the Lottie Ivy Dixon
Revocable Trust) have filed various Objections to the Estate Accounting, which is now the
subject of an Audit in Cumberland County. As part of his discovery request, No Otto, as
counsel for the Co-Trustees, has indicated that his clients will need to review the QTIP Trust
accounting before completing their discovery and that he expects such accounting to be
"available" to the Co-Trustees by the end of the year. For your information and to hopefully
accelerate the preparation of the account, please be aware that the Estate recently received
the Federal Estate Tax Closing Document from the Internal Revenue Service. A copy is
enclosed for your records.
In anticipation of the Estate's obligations in the Audit process, we would appreciate a
complete detail of the loans extended by the QTIP Trustees to the various trust
beneficiaries, the terms of any Notes, Mortgages and/or assets given as security therefor
and the payments, interest (paid and unpaid) and late fees on such loans.
Finally, we would appreciate an estimate as to when the QTIP Trust Account will be
completed and whether and when such Account will be filed with the Court.
Thank you for your attention and response to these matters.
Very truly yours,
Encl.
cc: Marshall L. Dixon (w/o encl.)
McNEES WALLACE 8~ NURICK LLC
Elizabeth P. Mullaugh
P.O. Box 1166.1 OO PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM
Crr unnaus_ (~H • STATE COLLEGE. PA • LANCASTER. PA • HAZLETON, PA • WASHINGTON. DC
~k/N
M~Nees Wallace & Nurick LLC
attorneys at law
.:, f
P 4 r~ a
` F ~ 8
ELIZABETH P. MULLAUGH
DIRECT DIAL: (717) 237-5243
DIRECT FAX: (717) 260-1729
E-MAIL ADDRESS: EMULLAUGH@MWN.COM
December 30, 2008
Stanley A. Smith, Esq.
Rhoads 8~ Sinon, LLP
One Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
RE: Estate of Lottie Ivy Dixon
Our File: 25911-0001
Dear Stan:
As requested in my letter of October 15, 2008, please provide a complete detail of
the loans extended by the QTIP Trustees to the various trust beneficiaries, the terms of any
Notes, Mortgages and/or assets given as security therefor and the payments, interest (paid
and unpaid) and late fees on such loans. The Estate anticipates that it will require such
information in order to respond to the Objections made to the Estate's First and Partial
Account.
Thank you for your attention and response to this request.
Very truly yours,
McNEES WALLACE & NURICK LLC
By
beth P. Mu laugh
cc: Marshall L. Dixon
P.O. Box 1166. 1 OO PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM
i+_....._.... nu _ Cr.r~ f`.-.. ~ ~.~~ DD I narncr~o PD HA71 FT(lAl PA WncuiNaTnN_ DC
VERIFICATION
Subject to 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities I,
Marshall L. Dixon, verify that the facts set forth in the foregoing document are true and correct
to the best of my knowledge or information and belief.
Dated: