Don’s daughters asked if I would find an estate planner to help them decide what to do to minimize the estate tax bite on their portion of his estate, if he is found to be dead. I had set up a Land Trust for them when Don & I got married and we had added to the trust as things sold and paid off until two years ago. Don’s ex-wife, who had asked for the divorce because she was in love and wanted to remarry, had received a million dollar settlement back in 1990. She had said that she knew Don was worth more, but that she didn’t want to fight, she just wanted a million and her freedom.

Don agreed and told Anne McQueen, the secretary who (I believed) embezzled so much from us, and Gale Rathbone and Lynda Sanchez his daughters who were at that time our book keepers to sit down with their mother and the books and let her pick out 1 million of his best stuff because he thought she was being fair with him. After the divorce, Don and his Ex got along better than they ever did while they were married for the next five years. That’s about how long it took Gladys Lewis Cross, Don’s ex-wife to lose most of what she got by letting their eldest daughter, Donna Pettis, invest it in the stock market for her (according to Don).

Donna Pettis moved back home with her mother, while building her dream home, and Gladys Lewis Cross filed a lawsuit against Don saying that he had always kept her in the dark and that he wouldn’t let her have her own attorney in the divorce and that she was treated unfairly in the divorce and wanted another million. She got the daughters, Donna Pettis, Gale Rathbone and Lynda Sanchez to testify that they were threatened by their dad if they revealed to their mother how much he was really worth (which was at that time about 3 million) and Anne refused to admit that she was there when Don told them to let Gladys Lewis Cross pick out the best of his investments.

I was there but Don did not want to hurt Gladys Lewis Cross’ feelings by letting her know that I was privy to their private settlement, and he would not allow me to come forward with the truth. He thought up until the very end that surely at least one of his children would tell the truth, but they all lied about it under oath and when the last of them did, Don told me to dissolve their Trust, remove them from his will (they never were in his will to my knowledge) and that he wanted to move to Costa Rica to get away from the whole lot of them.

I didn’t want to move to Costa Rica, but did agree to let Don try it out, hoping he would tire of the idea. I agreed to let him transfer 1 million of our assets to Costa Rica, knowing full well that he would lose it because he would not take the necessary steps to protect himself. I felt that in time he would get over his anger and disappointment with his daughters (he had disowned his son years ago because of the stealing and drug abuse). I never did dissolve their trust because no matter how upset Don was with them, they were his children and should be provided for. As I said before, I am the one who set up the trust for them because Don wouldn’t bother.

Don’s insurance policy came up for renewal and by this time the secretary, Anne had formed an alliance with a dirt bag Don did business with. The dirt bag, Wendell Williams knew that he couldn’t get to Don from here, because he would have to come through me and I had caught him stealing from Don on several occasions and brought it to Don’s attention. Wendell Williams has IRS problems and couldn’t have Don put properties in his name, so he had Don put them in Anne’s name, as Trustee.

After being our secretary for 18 years, Anne knew full well that if there was no trust agreement then the property would be considered hers personally if anything happened to Don. Anne became the owner of Don’s life insurance policy, as Trustee under another non existent trust. The policy was for 1,250,000.00 and the disbursement she told Don was in effect was that she would get $200,000.00, I would get $250,000.00, $400,000.00 would go to pay off four loans that we owe and if they had already been paid, then the money would go to our wildlife sanctuary and the balance of $400,000.00 would be split between Don’s daughters and his grandchildren, but he reserved the right for Anne to decide which child got how much. This is the breakdown that Anne claims and is the same one Don told me about when his policy came up for renewal in April of 1997.

What Don didn’t tell me, and I assume he didn’t know, was that Anne was the owner of the policy and that there was a trust document involved. The clause about the children would guarantee their alliance to Anne.

At any rate, the daughters are afraid to make Anne mad if she holds the key to how much each of them will get. The children’s trust is worth $823,520.26 now.

PSRL 12/31/97

Bank Account as of 12/31/97 69,729.

Mortgages current face value 338,152.

Real Estate Owned tax value 510,912.

Personal Property price paid 0.00

Property Tax Liability -45,971.

Mortgages Paid Out face value -49,302.

Total: $823,520.

Plus the $400,000.00 from the insurance proceeds. They have hired an attorney to say that Don’s Will and our Trust Agreements are forgeries, so that they can say Don died intestate and therefore entitling them to half of a 7,000,000.00 estate. I hired handwriting professionals and so did they and of course the results were entirely opposite. I have the benefit of the testimony of the witnesses and notary and the fact that Don’s will, prepared in Costa Rica by his attorney left everything there to me, as of May 1997.

The daughter’s main concern is that they won’t be able to each get enough after taxes to live on. None of them work, nor do any of them have any skill to fall back on because they were always waiting for their mother and father to die and make them rich. Now it’s looking like the breadwinner is gone and they aren’t going to be rich.

This is where this whole long narrative ends with you. I have proposed that they “steal” their Trust. I will look the other way and they can manage it as they please, but in exchange, I want to be relieved of this Guardianship as well. I don’t mind making reports to the Court (as long as they are confidential) but I oppose paying someone $70.00 an hour to look over my shoulder. I have proposed that I will give them one half of everything that is in their father’s name at the end of the five year period, if he doesn’t show.

Don Lewis

Bank Account as of 12/31/97 43,525.62

Notes & Personal Loans 95,935.26

Mortgages 819,988.01

Real Estate Owned tax value 584,593.00

Personal Property price paid 16,250.00

Property Tax Liability -71,783.79

Mortgages Paid Out face value -570,984.03

917,524.07

In the meanwhile, I get all of the income, but must reinvest the principal. I can make enough through careful management to make it feel like I didn’t give anything up and they would get more than they probably could in court. They are still very concerned that they won’t get much after taxes. I told them I was going to go to an estate planner and they asked if they could come along too. Despite the history we are all very civil with each other, surprisingly kind in fact, so you don’t have to worry about a display of emotion.

If they claim ownership to their Trust as beneficiaries, without objection, then would the estate tax apply? In preparation for this I have asked for separate ID numbers for the Trusts for tax purposes beginning with the 1998 tax year which may be the first year any of these properties have been identified. It seems to me that as long as taxes are being paid on the Trusts, the IRS shouldn’t care who the parties are. J.D. Lewis (Don) is the Trustee of their trust, but if they elect another trustee, then would I be liable for any tax evasion on their part? If this can be done it will increase the amount they get to keep by over $400,000.00.

As for property held in Don’s name, I don’t know of any way this can escape gift or estate taxes and am hoping you will have some ideas on how to minimize the tax bite, while still allowing me to keep the income during the next five years. When this is transferred to them, who is liable for the payment of the estate tax?

I was told by my attorney that as the spouse, I pay no estate tax: is that true? If so, is there any way to transfer assets to them after the five years without causing a taxable event? Something like the $600,000.00 per year thing? There are 16 of them to divide it amongst counting the grandchildren.

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