trust and will alterations
DESCRIPTION
Here are the major alterations to the Wills and Trusts from my grandfather mainly influenced by Lois Haymes.TRANSCRIPT
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Trustees
May 30, 2003 Will Carol Haymes and Mark Ertes
October 20, 2005 Will Lois Haymes
December 11, 2006 Will
Forged By Lois Haymes Lois Haymes and Mark Ertes
January 30, 2009 Will Lois Haymes
May 30, 2003 Trust
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October 20, 2005 Trust
December 11, 2006 Trust
5.2 Residuary Trust Estate. The Trustee shall divid the remaining Trust estate,
including but not limited to Grantor's interest in (i) NEW HARTFORD PARTNERSHIP,
(iii) ELCA ASSOCISTES PARTNERSHIP and (iii) HYB ASSOCIATES as followa:
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December 21, 2007 Trust
Article 3 All of these powers
can be suspended if you are
incapacitated, as
determined either by a
court or by a majority of
your children
5.2 Residuary Trust Estate. The trustee shall hold the balance of the trust estate, in
trust, for Five (5) years after the death of the grantor and the Trustee shall make
the following distribution as follows:
April 28, 2008 Trust
Article 3 All of these powers
can be suspended if you are
incapacitated, as
determined either by a
court or by Lois M. Haymes
and Mark Ertes
5.2 Zylo's right to review trust agreement. Truastee is prohibited from providing
Zylo with any information, copies or accounting of the trust agreement except for
information regarding the bequest set forth for his benefit pursuant to his Article
5. He is entitled to a copy of this article 5
Exhibit 1431 to 1434 is a March 31, 2008 letter from Lois Haymes to AllanHaymes herself states, "Zylo's trustee may need to be contacted by my father's attorney or myself as POA if Zylo refuses or cwith his grandfather's wishes in a satisfactorily approved manner." (THIS IMPLIES THAT ALLAN HAYMES CAN NOT MAKE DECISION'S OHIS OWN. LOIS MADE THE DECISION TO TAKE FULL CONTROL OF HER FATHER's LIFE BEFORE THE EXECUTION OF THE APRIL 28, 2008 TRUST BY PLACING FUNDS INTO A MEDICAID TRUST FUND.)
8.3 The decision of the independant trustee shall be absolute and unreviewable by Lois
6.4 Upon the death of LOIS, the trustee shall distribute all remaining trust assets as LOIS directs in favor of any one or more of the Grabtor's descendants,
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January 30, 2009 Trust
11.1 Initial Trustees. Grantor shall serve as the initial co-trustee of this Agreement,
along with Lois Haymes and Seth Ellis
11.2 Successor Trustees. If the grantor fails or ceases to serve as trustee, then
Merrill Lynch Bank & Trust shall serve as successor co-trustee, along with the then
serving co-trustee. If either Seth Ellis or Lois Haymes fails or ceases to serve, then
Mark Ertes shall serve as a Co-trustee
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ARTICLE VI. Disability of beneficiary Clause 1 , Clause 2 "under the age 25 for any
beneficiary"
ARTICLE IX APPOINTMENT OF PERSONAL REPRESENTATIVE appoints Carol Haymes
Successor personal representative Mark Ertes
Lois Haymes is not a beneficiary in the May 30, 2003 Will
ARTICLE VI. Disability of beneficiary Clause 1 , Clause 2 "under the age 30 for any
beneficiary"
ARTICLE IX APPOINTMENT OF PERSONAL REPRESENTATIVE appoints Lois Haymes
Successor personal representative Mark Ertes
PLEASE REFER TO BATE STAMP 1862-1872
Forensic Docement Examinor Curt Baggett out of Texas
"I make for provisions for my grandson for reasons best known to me."
ARTICLE II DISPOSITION OF INCOME AND PRINCIPAL Clause 2 (a) (i) (A) (I) (II) (B) (I)
(II) (II) (C) PROVIDED, HOWEVER, that any share distributable to settlor's
grandson, ZYLO MARSHALL shall be held as a seperate trust for the benefit of such
grandson as follows. ARTICLE XI SUCCESSOR AND ADDITIONAL TRUSTEES Clause 2
(b) TRUST FOR DECEDENT"S GRANDSON (i) Settlor's nephew, MARK ERTES, shall
serve as trustee for any trust for any trust established for the benefit of settlor's
grandson, Zylo Marshall (ii) Should settlor's nephew, Mark Ertes, be unable to act
as trustee, he shall be succeeded in said office by such person as he may in writing
designate. (THIS LANGUAGE WITHIN ITSELF MR. HAYMES SPECIFICALLY DID NOT
INCLUDE LOIS HAYMES AS A TRUSTEE FOR ZYLO)
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(a) Trustee shall set aside 8/14 of the balance of trust estate for the benefit of LOIS
M. HAYMES, if then living, and shall hold such amount in further trust for her
benefit Pursuant to Article 6 . In the event that LOIS. M. HAYMES is not then living,
then such amount shall be divided pro-rata amongst all remaining beneficiaries of
this Section 5.2 that survive the grantor, and shall br administered as set forth
herein
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(a) Trustee shall distribute the sum of Fifteen Thousands Dollars ($15,000.00) on
or before December 31st of each year to ZYLO MARSHALL a/k/a BRIAN HAYMES
MARSHALL. Said payment shall commence in the calendar year following the
death of the Grantor and shall continue for a period of Five (5) Years.
Article 5 SPECIFIC BEQUEST FOR ZYLO MARSHALL- 5.1 Bequest. Upon the death of
the grantor, Trustee shall set aside the sum of Seventy-Five Thousand Dollars
($75,000.00) for the benefit of ZYLO MARSHALL a/k/a BRIAN HAYMES MARSHALL
("ZYLO") and shall distribute such amount to the then acting trustee of the
POOLED MEDICAID TRUST OF FRED AND GLADYS ALPERT JEWISH FAMILY AND
CHILDREN'S SERVICES, INC. (charitable remainder trust) for the benefit of ZYLO.
The Trustee shall execute any and all documents to ensure that said funds are
distributed outright, free of trust to such pooled medicaid fund.
Exhibit 1431 to 1434 is a March 31, 2008 letter from Lois Haymes to Allan Haymes Attorney. On exhibit 1433 in the third paragraph Lois Haymes herself states, "Zylo's trustee may need to be contacted by my father's attorney or myself as POA if Zylo refuses or can't comply with his grandfather's wishes in a satisfactorily approved manner." (THIS IMPLIES THAT ALLAN HAYMES CAN NOT MAKE DECISION'S OHIS OWN. LOIS MADE THE DECISION TO TAKE FULL CONTROL OF HER FATHER's LIFE BEFORE THE EXECUTION OF THE APRIL 28, 2008 TRUST BY PLACING FUNDS INTO A MEDICAID TRUST FUND.)
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ARTICLE V- DISTRIBUTION OF TRUST UPON DEATH OF SETTLOR
4. The settlor has made no provision for his grandson, ZYLO MARSHALL, for reason
best known to the settlor.
5. If any beneficiary hereunder shall contest the probate or validity of this Trust, or
any provision thereof, or shall institute or join in any proceeding to contest the
validity of this trust, or to prevent any provision thereof from being carriedv out in
accordance with its terms (regardless of whether or not such proceedings are
instituted in good faith and with probable cause), then all benefits provided for
such beneficiary are revoked.
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(b) Trustee shall set aside 1/14 of the balance of the trust estate for the benefit of
Mary Massaro, if then living, and shall hold such amount in further trust for her
benefit Pursuant to Article 7.
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(b) Trustee shall distribute the sum of Fifteen Thousand Dollars ($15,000.00) on or
before December 31st of each year to Mark Ertes . Said payment shall commence
in the calentar year following the death of the Grantor and shall continue for a
period of Five (5) years.
Haymes Attorney. On exhibit 1433 in the third paragraph Lois t comply
with his grandfather's wishes in a satisfactorily approved manner." (THIS IMPLIES THAT ALLAN HAYMES CAN NOT MAKE DECISION'S ON HIS OWN. LOIS MADE THE DECISION TO TAKE FULL CONTROL OF HER FATHER's LIFE BEFORE THE EXECUTION OF THE APRIL 28, 2008
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(c) Trustee shall set aside 1/14 of the balance of Trust Estate for the benefit of
Kara Ertes Williams, if then living, and shall hold such amount in further trust for
her benefit pursuant ro Article 7.
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(c) Trustee shall distribute the sum of Ten thousand Dollars ($10,000.00) on or
before December 31st of each year to Mary Massaro. Said payment shall
commennce in the calendar year folloeing the death of the Gtrantor and shall
continue for a period of Five (5) Years.
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(d) Trustee Shall set aside 1/14 of the balance of trust estate for the benefit of
Mark Ertes, if then living, and shall hold such amount in further trust for his benefit
pursuant to Article 7
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(d) Trustee shall distribute the sum of Ten Thousand Dollars ($10,000.00) on or
before December 31st of each year to Kara Ertes Williams. Said payment shall
commence in the calendar tear following the death of the Grantor and shall
continue for a period of Five (5) years.
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(e) Trustee shall set aside 1/14 of the balance of Trust Estate for the benefit of
Paul Massaro, if then living , and shall hold such amount in further trust for the
benefit pursuant to Article 7.
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(e) Trustee shall distribute the sum of Ten Thousand Dollars ($10,000.00) on or
before December 31st of each year to Paul Massaro. Said payment shall
commence in the calendar year following the death of the Grantor and shall
continue for a period of Five (5) years.
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(f) Trustee shall set aside 1/14 of the balance of trust estate for the benefit of
Roseanne Massaro, if then living. And shall hold such amount in further trust for
her benefit pursuant to Article 7
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(f) Trustee shall distribute the sum of Ten Thousand Dollars ($10,000.00) on or
before December 31st of each year to Roseanne Massaro. Said payment shall
commence in the calendar year following the death of the Grantor and shall
continue for a period of Five (5) years.
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Article II, Clause 2, (I), (G) At the end of each quarter, trustee shall distribute
$3,000 of income to Settlor's grandson, Zylo Marshall.
Article II, Clause 2, (b), (VII) One share shall be distributed to Settlor's Grandson,
Zylo Marshall.
(g) Trustee shall set aside 1/14 of the balance of trust estate for the benefit of Zylo
Marshall, a/k/a Brian Haymes Marshall, if then living. And shall hold such amount
in further trust for his benefit pursuant to Article 7.
I never received the mandatory $3,000 a quarter starting in October 2005
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(g) Trustee shall distribute the sum of One Hundred Fifty Thousand Dollars
($150,000.00 on or before December 31st of each year to Lois M. Haymes. Said
payment shall commence in the calendar year following the death of the Grantor
and shall continue for a period of Five (5) Years.
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(h) In the event that a beneficiary set forth in 5.2 (b) through Section 5.2 (g) above
in not then living at the death of the Grantor, then said share shall lapse and the
denominator used in this section 5.2 shall be reduced by the number of
beneficiaries that have predeceased the grantor. For illustration purposes only, if
two beneficiaries are not then living at the time of the Grantor's death, then the
fraction set forth in section 5.2 (a) would be 8/12 and the all of the fractions set
forth in Sections 5.2 (b) through 5.2 (g) would be 1/12.
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(h) In the event that all of the beneficiaries set forth in this section 5.2 are not then
living at the death of the Grantor or die during the Five (5) year period referenced
above, then the trustee shall distribute the remaining trust estate as set forth in
Article 8
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(i) In the event that all of the beneficiaries set forth in this section 5.2 are not then
living at the death of the grantor, then the trustee shall distribute the remaining
Trust estate as set forth in Article 9
Bate
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(i) Upon the experation of five (5) years after the death of the Grantor, Trustee
shall set aside the balance of the trust estate for the benefit of LOIS M. HAYMES.
Trustee shall hold the balance of the trust estate in further trust pursuant to
Article 6. Provided, However, the Trustee shall distribute from the Trust created
under Article 6 the Sum of Fifteen Thousand Dollars ($15,00.00) per annum to
ZYLO MARSHALL a/k/a BRIAN HAYMES MARSHALL for ZYLOMARSHAL'S lifetime.
Upon the written instruction by LOIS HAYMES, the Trustee May purchase an
annuity that will pay ZYLO MARSHALL Fifteen Thousand Dollars ($15,000.00) per
annum for his lifetime or the Trustee may set aside such funds so to ensure ZYLO
MARSHALL shall receive the payment of Fifteen Thousand Dollars ($15,000.00) per
annum for his lifetime. Trustee shall remain the owner of said annuity and the
terms and conditions of this trust shall continue to apply to such payment.
BateSheriffs office where bate stamp 1849 states as follows, "He states that his daughter named Lois is after his money." "She is telling him she will not help him if he doesn't sign something." (The Trust was executed on December 21, 2007. This police report was on August 1, 2007) 1850report from the Palm Beach County Sheriff's office where bate stamp 1851 states, "She Will not let Mr. Haymes receive phone calls from his friends or relatives. If Mr. Haymes takes a call, she threatens him that she will not help him. Ms. Haymes has threatened his friends that if he calls, she Will not help him anymore. Ms. Haymes is also trying to coherse him to take people out of his Will and make her sole beneficiary. Mr. Haymes has stated that she is after his money. There is a concern that Mr. Haymes is scared of the daughter."
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Trustees
ARTICLE IX Appointment of personal representatives
Clause 1. I appoint my wife, CAROL HAYMES, personal representative of the Will.
Clause 2 Successor Personal Representative. Should my wife, CAROL HAYMES, fail
to qualify or cease to act as personal representative, I appoint my nephew, Mark
Ertes, to serve in her place.
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Article 10.1 Grantor appoints Allan Haymes and Lois Haymes as the initial co-
trustees of this agreement.
10.2 Successor Trustees Mark Ertes and Merrill Lynch Trust CO, FSB
Bate stamp 1848 and 1849 is a August 1, 2007 report from the Palm Beach county
Successor Trustee in the December 11, 2007 Trust is the same as the December 21, 2008 Trustee. The succesor Trustee is Mark Ertes and then Merrill Lynch
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9.1 Initial Trustees. Grantor appoints Allan Haymes, Lois Haymes and Seth Ellis as
initial co-trustees.
9.2 Successor Trustees Mark Ertes and Merrill Lynch Trust Company.
ARTICLE 11 Trustees 11.1 Initial Trustees Grantor shall serve as the initial co-
trustee of this Agreement, along with Lois M. Haymes and Seth Ellis, ESQ. 11.2
Successor Trustees. If the grantor fails or ceases to serve as trustee, then MERRILL
LYNCH BANK & TRUST CO,. FSB
Bate stamp 1848 and 1849 is a August 1, 2007 report from the Palm Beach county Sheriffs office where bate stamp 1849 states as follows, "He states that his daughter named Lois is after his money." "She is telling him she will not help him if he doesn't sign something." (The Trust was executed on December 21, 2007. This police report was on August 1, 2007) 1850-1858 is a December 15, 2007 report from the Palm Beach County Sheriff's office where bate stamp 1851 states, "She Will not let Mr. Haymes receive phone calls from his friends or relatives. If Mr. Haymes takes a call, she threatens him that she will not help him. Ms. Haymes has threatened his friends that if he calls, she Will not help him anymore. Ms. Haymes is also trying to coherse him to take people out of his Will and make her sole beneficiary. Mr. Haymes has stated that she is after his money. There is a concern that Mr. Haymes is scared of the daughter."
April 28, 2008 trust Successor Trustee is Merrill Lynch Bank and Trust CO, FSB
December 21, 2007 Trust Successor Trustee is Mark Ertes and then Merrill Lynch Bank and TRUST CO, FSB
IN Lois Haymes's Deposition page 14, box 55, line 19 Zylo Marshall asks, "Have you seen the April 28, 2008 Trust Before." Box 56, line 25 she replies with, "Maybe I saw it once,"
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ARTICLE II Disposition of income AND PRINCIPAL- Clause 2 (a) (I) (A) Trustees shall
distribute the Settlor's daughter, LOIS HAYMES, all net income of the trust,
provided however, that the income distributable to Settlor's daughter shall not be
greater than the lesser of (a) Forty-three Thousand Two Hundred Dollars
($43,200.00) per year (such amount shall be prorated in the event of a short
calendar year), or (b) one-third (1/3) of the annual net income earned by such
trust, in such periodic installments as Trustee shall find convenient, but at least as
often as quartl-annually. Trustees, in their discretion may distribute additional
income to or for the benefit of Settlor's daughter, LOIS HAYMES, in such amounts
and for such purposes as Trustees shall in their sole discretion, determine. All
remaining net income shall distribute to Settlor's Wife, Carol Haymes
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ARTICLE II DISPOSITION OF INCOME AND PRINCIPAL- Clause 2 (a) (I) (A) At the end
of each quarter, Trustee shall distribute Twenty-Four Thousand Dollars ($24,000)
of income to Settlors Daughter, LOIS HAYMES. If Settlor's daughter, Lois Haymes,
predeceases the trust termination event, her quarterly distributions shall lapse.
Article 6-Trust for Lois
6.1 Mandatory Income Distribution- Trustee shall distribute the lesser of (i) the net
income of the trust held for LOIS's benefit or (ii) the sum of Twenty four thousand
Dollars ($24,000.00) outright, free of trust to LOIS at the end of each quarter after
the creation of this trust. PROVIDED, however, if the net income is less than
Twenty Four Thousand Dollars ($24,000.00) in any given quarter, but the incomeof
the trust share for the year is in excess of Ninty Six Thousand Dollars ($96,000.00),
Trustee shall at the end of the year distribution so much of the income as
necessary to LOIS so that she receives at least Ninety Sic Thousand Dollars
($96,000.00) annually form her trust share.
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Article 6-Trust for Lois
6.1 Mandatory Income Distribution- Trustee shall distribute the sum of One
Hundred Fifty Thousand Dollars ($150,000.00) per annum outright, free of trust, to
Lois in four (4) equal payments at the end of each quarter after the creation of this
trust.
ARTICLE 8-TRUST FOR LOIS 8.1 Mandatory Income Distribution. Trustee shall
distribute the sum of One Hundred Thousand Dollars ($100,000.00) per annum
outright, free of trust, to LOIS in four (4) equal payments at the end of each
quarter after the creation of this trust.
Bate stamp 1998 is a September 2, 2010 bank statement where Lois Haymes embezzled $100,000 from her father's account 3 days before he died.
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6.3 Distribution Upon Sale of Partnerships. Notwithsanding the foregoing, in the
event that all of Grantor's interestin (i) NEW HARTFORD PARTNERSHIP, (iii) ELCA
ASSOCIATES PARTNERSHIP, and (iii)HYB ASSOCIATES are sold after the death of the
Grantor, or in the event that such assets are not subject to this trust, then any and
all trusts created for LOIS shall terminate and any amount set aside for her benefit
shall be distributed to her outright, free of trust.
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As defined in 6.3 of the December 11, 2006 Trust, there are three partnerships.
The December 21, 2007 Trust does not have the name of any partnership. 6.3 of
the December 21, 2007 Trust has as follows,
6.3 General Power of appointment- If any portion of LOIS's trust is not wholly
exempt from gneration-skipping tax, she may appoint that portion by exercise of
this testamentary general power of appointment as provided in Article 14.
16.15 Partnership interest. To hold interest in sole propietorships, general or
limited partnerships, joint ventures, business trust, land trust, Limited liability
companies, and other domestic or foreign forms or organization
Exhibit 1859 through the"No business entities were found for Elca Associates Partnership"bate stamp 1861 states through TLOxpresults found for corporations whose FEIN number is 131860 which is Allan Haymes 2009 Tax return under income and loss from partnership and corporations B has a false partnership named Elca Associates Partnership with a false FEIN number 13PARTNERSHIP. I can provide all the information on Aces Associates Limited Partnership upon request.
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Trust for Lois Haymes
Forged by Lois
Article II, Clause 2, (a), (i), (A) Trustee shall distribute to Settlor's daughter, LOIS HAYMES, all
net income of the trust, provided however, that the income distributable to Settlor's
daughter shall not be greater than the Lesser of (a) $43,200.00 per year. Trustee, in their
discretion may distribute additional income to or for the benefit of Settlor's daughter in
such amounts and for such purposes as trustee shall, in their sole discretion, determine.
Article II, Clause 2, (a), (i), (B), (II) If Settlor's wife, Caro Haymes, predeceases Settlor's
daughter, Lois Haymes, Trustee shall distribute assets to Settlor's daughter equivalent to
$650,000.
Article II, Clause 2, (a), (i) (C) Upon the last to die of Settlor's daughter, Lois Haymes and
Settlor's Wife, Carol Haymes. Trustee shall distribute the then remaining balance of the
Trust estate outright in equal shares to Settlor's nephew, Mark Ertes, Settlor's neice, Kara
Ertes Williams. and Mary Masaro, and Settlor's grandson. Zylo Marshall, PROVIDED
HOWEVER, ..................................................
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Article II, Clause 2 (I), (A) At the end of Each Quarter, Trustee shall distribute
$24,000 to the Settlers Daughter, Lois Haymes.
Article II, Clause 2, (b), (I) Eight shares shall be distributed to Settlor's daughter,
Lois Haymes,
6.5 Limited Power of Appointment. Upon the death of Lois, the trustee shall
distribute all remaining trust assets as Lois Directs by exercise of this testamentary
limited power of appointment exerisable in favor of any one or more of Grantor's
descendants
I never received any income or anyshares from any source as described In article II of the October 20, 2005 Trust
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6.4 Limited Power of Appointment. Upon the death of LOIS, the trustee shall
distribute all remaining trust assets as LoIs directs by exercise of this testamentary
limited power of appointment exerisable in favor of any one or more of Grantor's
descendants the beneficiaries set forth in section 5.2 Provided, however, that the
exercise of said power of appointment cannot diminish the amount required for
the payment of ZYLO MARSHSLL
7.2 (a) In the event that Lois Haymes is living at the time of the death of the
Grantor, Trustee shall set aside the balance of the Trust estate for the benefit of
Lois Haymes and shall hold such amount in further trust for her benefit pursuant
to Article 8.
8.1 Mandatory income distribution. Trustee shall distribute the sum of $100,000
per annum outright, Free of Trust, to Lois Haymes in four equal payments at the
end of each quarter after the creation of this trust.
8.2 Discretionary distribution. The Trustee may pay or apply such sums of income
or principal from Lois's Trust as in the Trustee's discretion are necessary or
advisable for her health, education, support, and maintenance.
8.3 The independant trustee shall have the power and authority to distribute the
principal and/or income of Lois's seperate trust to her for any reason or for any
purpose. The decision of the Independant trustee shall be absolute and
unreviewable by Lois.
Exhibit 1859 through the Department of State Division of corporation states, "No business entities were found for Elca Associates Partnership"bate stamp 1861 states through TLOxp-US Corporation that there were no results found for corporations whose FEIN number is 13-3362534. Bate stamp 1860 which is Allan Haymes 2009 Tax return under income and loss from partnership and corporations B has a false partnership named Elca Associates Partnership with a false FEIN number 13-3362534. This was to hide any and all assets from"ACES ASSCOATES LIMITED PARTNERSHIP. I can provide all the information on Aces Associates Limited Partnership upon request.
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For Zylo Marshall
Article VI, Clause 2
Any beneficiary under 25, shall hold any property or income to which such
individual is entitled, IN TRUST for the support, education, health and
maintainance of such individual
Article VI, Clause 2
Any beneficiary under 30, shall hold any property or income to which such
individual is entitled, IN TRUST, for the support, education, health and
maintainence of such individual.
Forged by Lois
Article III "I make no provisions for my grandson, Zylo Marshall, for reasons best
known to me." Article IV "If any beneficiary hereunder shall contest the probate or
validity of this Will, or any provision thereof, or shall institute or join in any
proceeding to contest the Validity of this Will, or to prevent any provision thereof
from being carried out in accordance with its terms (regardless of whether or not
such proceedings are instituted in good faith and with probable cause), then all
benefits provided for such beneficiary are revoked.
............................that any share distributable to Settlor's grandson, Zylo Marshall,
Shall be held as a separate trust for the benefit of such grandson as follows:
(I)Trustee shall distribute to Settlor's grandson, Zylo Marshall, or apply for his
benefit, so much of the net income as the trustee, in their discretion, deem
advisable.
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Article II, Clause 2, (I), (G) At the end of each quarter, trustee shall distribute
$3,000 of income to Settlor's grandson, Zylo Marshall.
Article II, Clause 2, (b), (VII) One share shall be distributed to Settlor's Grandson,
Zylo Marshall.
Article IV, Clause 2 If any beneficiary of a trust created hereunder is under the age
of 30 years, or pursuant to clause 1 hereof has been determined to be
incapacitated, Trustees, during said incapacity, or until such beneficiary attains the
age 30, as the case may be, shall hold any property or income to which such
beneficiary is entitled, IN TRUST, for such beneficiary and may apply without the
intervention of a guardian all or part of the income and/or prinicipal thereof as in
their opinion is necessary for the support, education and maintaince of such
beneficiary. The receipts from persons selected by trustee to receive and disburse
such principal or income shall fully discharge trustee with regard thereto.
5.2 (a) Trustee shall set asside 8/14 of the balance of the trust estate for the
benefit of Lois Haymes.
6.1 Mandatory income distribution
$24,000 a quarter
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5.2 (g) Trustee shall distribute the sum of $150,000 on or before December 31 of
each year. Said payments shall commence in the calender year following the death
of the Grantor and shall continue for a period of 5 years.
5.2 (i) Upon the experation of five years after the death of the Grantor, Trustee
shall set aside the balance of the trust estate for the benefit of Lois Haymes.
Trustee shall hold the balance of the trust estate in further trust pursuant to article
6. Provided, however, the trustee shall distribute from the trust created under
Article 6 the sum of $15,000 per year for the rest of his life. . Upon the written
instruction by Lois Haymes, the trustee May purchase an annuity that will pay Zylo
Marshall $15,000 per annum for his lifetime or the trustee may set aside such
funds so to ensure that Zylo Marshall shall receive the payment of $15,000 per
annum for his lifetime. Trustee shall remain the owner of said annuity and the
terms and conditions of this trust shall continue to apply to such payments.
5.1 Bequest. Upon the death of the Grantor, Trustee shall set aside the sum of
$75,000 for the benefit of Zylo Marshall and shall distribute such amounts to the
then acting trustee of the POOLED MEDICAID TRUST OF FRED & GLADYS ALPERT
JEWISH FAMILY AND CHIDREN"S SERVICES, INC for the benefit of Zylo Marshall.
The Trustee shall execute any and all documents to ensure that said funds are
distributed outright, Free of Trust to such Pooled Madicaid Fund.
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4. The Settlor has made no provision for his grandson, Zylo Marshall, for reasons
best known to the Settlor.
5. If any beneficiary hereunder shall contest the probate or validity of this trust, or
any provision thereof, or shall institute or join in any proceeding to contest the
validity of this trust, or prevent any provisions thereof from being carried out in
accordance with its terms (Regardless of whether or not such proceedings are
instituted in good faith and with probable cause), then all benefits provided for
such beneficiary are revoked.
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Zylo's Right to review the trust
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5.2 (g) Trustee shall set aside 1/14 of the estate for the benefit of Zylo Marshall
and shall hold such amount in further trust for his benefit pursuant to Article 7.1 .
Mandatory income distribution
Trustee shall distribute $3,000 ($12,000 a year) outright free of trust.
7.5 Trust for Zylo Marshall
Any share created for the benefit of Zylo Marshsall shall remain in trust for his
lifetime.
10.4 Trustee of Trust for Zylo Marshall
Mark Ertes and Merrill Lynch Trust Company shall serve as co-trustees of any trust
creared for the benefit of Zylo Marshall. In the event that Mark Ertes fails or
ceases to serve, then Merrill Shall continue to serve alone.
I never received the mandatory $3,000 a quarter starting in December 2006
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5.2 (a) Trustee shall distrubute the sum of $15,000 on or before December 31 of
each year to Zylo Marshall. Said payment shall commence in the calender year
following the death of the Grantor and shall continue for a period of 5 years.
5.2 Trustee is prohibited from providing Zylo with any information, copies or
accountings of this Trust Agreement except for information regarding the bequest
set forth for his benefit pursuant to this Article 5. He is entitled to a copy of this
Article 5.
Bate stamp 1851 is a December 15, 2007 report from the Palm Beach Couny Sheriff's office which states, "Ms. Haymes is also trying to cohorse him to take people out of his Will and make her sole beneficiary." "Mr. Haymes has stated that that she is after his money."
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Trust for Mary Massaro
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Article II, Clause 2, (I), (B) At the end of each quarter, Trustee shall distribute
$3,000 of income to Settlor's Neice Mary Massaro.
Article II, Clause 2, (b) (II) One share shall be distributed to Settlor's neice, Mary
Massaro.
Exhibit 213-216 is a forged Second amendment to the April 28, 2008 Trust agreement where ARTICLE 11 was deleted in its entirity. Where as defined in box 10M of this spreedsheet Merrill Lynch BANK & TRUST CO,. FSB was deleted giving Lois Haymes full and complete control of her father's estate including changing attorney's and chamging Banks to do what she wants when she wants with her father's money and assets.
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6.2 Trustee shall set aside the sum of $10,000 for the benefit of Mary Massaro and
shall distribute such amount to her outright, free of trust.
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Article V, 2 A specific bequest of $10,000 to Mary Massaro
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T
Kara Ertes Williams
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Article II, Clause 2, (I), (C ) At the end of each quarter, trustee shall distribute
$3,000 of income to Settlor's Niece Kara Ertes Williams.
Article II, Clause 2, (b), (III) One share shall be distributed to Settlor's Neice Kara
Ertes Williams
5.2 (b) Trustee shall set aside 1/14 of the estate for the benefit of Mary Massaro
and shall hold such amount in further trust for his benefit pursuant to Article 7.1 .
Mandatory income distribution
Trustee shall distribute $3,000 outright free of trust.
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5.2 (c) Trustee shall distrubute the sum of $10,000 on or before December 31 of
each year to Mary Massaro. Said payment shall commence in the calender year
following the death of the Grantor and shall continue for a period of 5 years.
6.3 Trustee shall set aside the sum of $10,000 for the benefit of Kara Ertes
Williams and shall distribute such amount to her outright, free of trust.
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Article V, 2 A specific bequest of $10,000 to Kara Ertes Williams
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Trust for Mark Ertes
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Article II, Clause 2, (I), (D) At the end of each quarter, trustee shall distribute
$3,000 of income to Settlor's Nephew Mark Ertes.
Article II, Clause 2, (b), (IV) One share shall be distributed to Settlor's Nephew
Mark Ertes.
5.2 (c) Trustee shall set aside 1/14 of the estate for the benefit of Mary Massaro
and shall hold such amount in further trust for his benefit pursuant to Article 7.1 .
Mandatory income distribution
Trustee shall distribute $3,000 outright free of trust.
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5.2 (d) Trustee shall distrubute the sum of $10,000 on or before December 31 of
each year to Mary Massaro. Said payment shall commence in the calender year
following the death of the Grantor and shall continue for a period of 5 years.
6.1 Trustee shall set aside the sum of $25,000 for the benefit of Mark Ertes and
shall distribute such amount to him outright, free of trust.
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Article V, 1 A specific bequest of $45,000 to the Settlor's nephew Mark Ertes
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V
Trust for Paul Massaro
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Article II, Clause 2, (I), (E) At the end of each quarter, trustee shall distribute
$3,000 of income to Settlor's Nephew Paul Massaro.
Article II, Clause 2, (b), (V) One share shall be distributed to settlors nephew Payl
Massaro.
5.2 (d) Trustee shall set aside 1/14 of the estate for the benefit of Mary Massaro
and shall hold such amount in further trust for his benefit pursuant to Article 7.1 .
Mandatory income distribution
Trustee shall distribute $3,000 outright free of trust.
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5.2 (b) Trustee shall distrubute the sum of $15,000 on or before December 31 of
each year to Mark Ertes. Said payment shall commence in the calender year
following the death of the Grantor and shall continue for a period of 5 years.
6.4 Trustee shall set aside the sum of $10,000 for the benefit of Paul Massaro and
shall distribute such amount to him outright, free of trust.
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Article V, 2 A specific bequest of $10,000 to Paul Massaro.
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Trust for Roseann Massaro
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Article II, Clause 2, (I), (F) At the end of each quarter, trustee shall distribute
$3,000 of income to Settlor's Neice Roseann Massaro.
Article Ii, Clause 2, (b), (VI) One share shall be distributed to Settlor's Neice
Roseann Massaro.
5.2 (e) Trustee shall set aside 1/14 of the estate for the benefit of Mary Massaro
and shall hold such amount in further trust for his benefit pursuant to Article 7.1 .
Mandatory income distribution
Trustee shall distribute $3,000 outright free of trust.
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5.2 (e) Trustee shall distrubute the sum of $10,000 on or before December 31 of
each year to Paul Massaro. Said payment shall commence in the calender year
following the death of the Grantor and shall continue for a period of 5 years.
6.5 Trustee shall set aside the sum of $10,000 for the benefit of Roseanne Massaro
and shall distribute such amount to her outright, free of trust.
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Article V, 2 A speific bequest of $10,000 to Roseann Massaro
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X
Trust for Rita Haymes
None
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X
None
5.2 (f) Trustee shall set aside 1/14 of the estate for the benefit of Mary Massaro
and shall hold such amount in further trust for his benefit pursuant to Article 7.1 .
Mandatory income distribution
Trustee shall distribute $3,000 outright free of trust.
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5.2 (f) Trustee shall distrubute the sum of $10,000 on or before December 31 of
each year to Roseann Massaro. Said payment shall commence in the calender year
following the death of the Grantor and shall continue for a period of 5 years.
6.6 Trustee shall set aside the sum of $10,000 for the benefit of Rita Haymes and
shall distribute such amount to her outright, free of trust.
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X
Article V, 2 A specific bequest of $10,000 to Rita Haymes
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Y
Personal representative
Any money for Zylo Marshall shall be held in Trust for his support, education,
health and maintenance
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Y
None
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Y
None
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Y
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Z
Disposition of Income and Principal
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Z
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Z
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AA
Interest in partnerships
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AA
New Hartford Partnership
Elca Associates
HYB Associates
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AA
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AA
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AB
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AB
5.2 Residuary Trust Estate
New Hartford Partnership
Elca Associates Partnership (False Partnership)
HYB Associates
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910
AB
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AB