Operative Document Related Doc / Entity Insurance Related Original Copy 1 Key Paragraphs from Operative Document 2 Key Paragraphs from Operative Document 3 Key Paragraphs from Operative Document Key Problems Link TRUSTS SIMON TRUSTS May 20 2008 Simon Simon Bernstein Revocable Trust "ARTICLE I. DURING MY LIFE AND UPON MY DEATH - D. Upon My Death. Upon my death the Trustee shall collect and add to the trust all amounts due to the trust under any insurance policy on my life or under any death benefit plan and all property added to the trust by my Will or otherwise. After paying or providing for the payment from the augmented trust of all current charges and any amounts payable under the later paragraph captioned ""Death Costs,"" the Trustee shall hold the trust according to the following provisions. ARTICLE III. GENERAL - J. Other Beneficia1y Designations. Except as otherwise explicitly and with particularity provided herein, (a) no provision of this trust shall revoke or modify any beneficiary designation of mine made by me and not revoked by me prior to my death under any individual retirement account, other retirement plan or account, or annuity or insurance contract, (b) I hereby reaffirm any such beneficiary designation such that any assets held in such account, plan, or contract shall pass in accordance with such designation, and (c) regardless of anything herein to the contrary, any of such assets which would otherwise pass pursuant to this trust due to the beneficiary designation not having met the requirements for a valid testamentary disposition under applicable law or otherwise shall be paid as a gift made hereunder to the persons and in the manner provided in such designation which is incorporated herein by this reference. ARTICLE IV. FIDUCIARIES - A. Powers of the Trustee. 12. Life Insurance. With respect to any life insurance policies constituting an asset of a trust, to pay premiums; to apply dividends in reduction of such premiums; to borrow againstthe cash values thereof; to convert such policies into other forms of insurance, including paid-up insurance; to exercise any settlement options provided in any such policies; to receive the proceeds of any policy upon its maturity and to administer such proceeds as a part of the principal of the Trust; and in general, to exercise all other options, benefits, rights and privileges under such policies." Nonexistent Yes "2008 Simon Trust Language ARTICLE I. DURING MY LIFE AND UPON MY DEATH A. Rights Reserved. I reserve the right (a)to add property to this trust during my life or on my death, by my Will or otherwise; (b) to withdraw property held hereunder; and (c) by separate written instrument delivered to the Trustee, to revoke this Agreement in whole or in part and otherwise modify or amend this Agreement. However, after my spouse's death I may not exercise any of said rights with respect to property added by my spouse upon my spouse's death by my spouse's Will or otherwise. 2012 Simon Amended & Restated Trust Language ARTICLE I. DURING MY LIFE AND UPON MY DEATH A. Rights Reserved. I reserve the right (a) to add property to this trust during my life or on my death, by my Will or otherwise; (b) to withdraw property held hereunder; and (c) by separate written instrument delivered to the Trustee, to revoke this Agreement in whole or in part and otherwise modify or amend this Agreement. Note the language from the 2008 Simon Trust that cannot be revoked, modified or amended is wholly removed and thereby revoked in the ALLEGED 2012 Amended Trust document. This further is an attempt to change the beneficiaries of Shirley’s Trusts and modify the Shirley Trust distributions illegally." "ARTICLE IV. FIDUCIARIES C. Appointment of Successor Trustee. 1. Appointment. Upon a Trustee's resignation, or if a Trustee becomes Disabled or for any reason ceases to serve as Trustee, I may appoint any person or persons as successor Trustee, and in default of such appointment by me, SHIRLEY and WILLIAM E. STANSBURY (""BILL""), or either of them alone if the other is unable to serve, shall serve as successor co-Trustees or Trustee as the case may be." "ARTICLE III. General E. Definitions. In this Agreement, Children, Lineal Descendants. The terms ""child,"" ""children"" and ""lineal descendant"" mean...Notwithstanding the foregoing, as I have adequately provided for them during my lifetime, for purposes of the dispositions made under this Trust, my children, TED S. BERNSTEIN (""TED"") and PAMELA B. SIMON (""PAM""), and their respective lineal descendants shall be deemed to have predeceased the survivor of my spouse and me... ARTICLE IV. FIDUCIARIES C. Apnointment of Successor Trustee. 3. Successor Trustees Not Provided For. Whenever a successor Trustee or co- Trustee is required and no successor or other functioning mechanism for succession is provided for under the tenns of this Trust Agreement, the last serving Trustee or the last person or entity designated to serve as Trustee of the applicable trust may appoint his or her successor, and if none is so appointed, the following persons shall appoint a successor Trustee (who may be one of the persons making the appointment): a. The remaining Trustees, if any; otherwise, b. A majority oftbe permissible current mandatory or discretionary income beneficiaries, including the natural or legal guardians of any beneficiaries who are Disabled. A successor Trustee appointed under this subparagraph shall not be a Related or Subordinate Party of the trust. The appointment will be by a written document executed by such person in the presence of two witnesses and acknowledged before a notary public delivered to the appointed Trnstee and to me if! am living and not Disabled or in a valid last Will. Notwithstanding the foregoing, a designation under this Subparagraph of a successor trustee to a corporate or entity trustee shall be limited to a corporate or entity trustee authorized to serve as such under Florida law with assets under trust management of no less than one billion doliars." "2008 Simon Trust This Trust was secreted until 2014 and was not sent to any beneficiaries with the alleged Amended and Restated Trust done allegedly 48 days before Simon’s death, in violation of Probate and Trust Rules and Statutes. Illegally Modified when allegedly Amended to attempt to change Shirley distributions that Simon received to benefit Ted by Ted’s counsel Ted is prohibited by Language of Trust from being fiduciary. Stansbury not Ted is Successor." http://iviewit.tv/Simon%20and%20Shirley%20Estate/20080520SimonBernstein2008REVOCABLETRUSTDeliveredByBenBrownOn20140506.pdf Eliot Family Trust Nonexistent Yes This trust is the 1/3rd Beneficiary of the 2008 Shirley and Simon Trusts and at Shirley death her Trust became Irrevocable with this Beneficiary Jill Family Trust Nonexistent ? This trust is the 1/3rd Beneficiary of the 2008 Shirley and Simon Trusts and at Shirley death her Trust became Irrevocable with this Beneficiary Lisa Family Trust Nonexistent ? This trust is the 1/3rd Beneficiary of the 2008 Shirley and Simon Trusts and at Shirley death her Trust became Irrevocable with this Beneficiary May 20 2008 Simon Bernstein Irrevocable Trust Wilmington Yes Nonexistent Yes "SECTION 6: TRUSTEE'S POWERS. - M. To receipt for the proceeds of any life insurance made payable to Trustee, to institute any suit or proceedings, and to take any action necessary to collect such proceeds. However, Trustee need not institute any suit or proceeding unless its expenses, including counsel fees and costs, are available in the trust fund or are arlvanced or guaranteed in an amount and in a manner reasonably satisfactory to it." "This trust accounting etc is all missing and there was 3+M in monies here shortly before Simon died. William Stansbury alleged Trust Protector." Simon 2012 Amended Yes Nonexistent Yes "Article IV, Section C.(3) (Page 16) of the Revocable Trust states: C. Appointment of Successor Trustee 3. . .. A successor Trustee appointed under this subparagraph shall not be a Related or Subordinate Party of the trust. Under Article III, Subsection E(7), A ""Related or Subordinate Party"" is defined in the Trust as follows: ARTICLE III. GENERAL E. Definitions. In this Agreement, 7. Related or Subordinate Party. A ""Related or Subordinate Party"" to a trust describes a beneficiary of the subject trust or a related or subordinate party to a beneficiary of the trust as the terms ""related or subordinate party"" are defined under Code Section 672( c ). The ""Code"" is defined as ""the Internal Revenue Code of 1986 ... "" A ""Related or subordinate party"" under the Code means any nonadverse party who is "" ... (2) any one of the following: The Grantor's father, mother, issue, brother or sister ... “ TED is the son, or an ""issue"" of the Grantor, SIMON BERNSTEIN, and a related party (father) to alleged beneficiaries, TED's sons, SIMON's grandsons. Therefore, TED is ineligible as a Related or Subordinate Party and is therefore again unfit to serve as a successor trustee under §736.0706(2)( c)." "Article III E (l) of the Trust states: “Notwithstanding the foregoing, for all purposes of this Trust and the dispositions made hereunder, my children, TED S. BERNSTEIN, PAMELA B. SIMON, ELIOT BERNSTEIN, JILL IANTONI and LISA S. FRIEDSTEIN, shall be deemed to have predeceased me ... Theodore Stuart Bernstein should therefore be Removed as Trustee of the alleged Revocable Trust by the very Terms of the Trust that consider him PREDECEASED FOR ALL PURPOSES OF THE TRUST. Theodore Bernstein is Not Eligible to Serve as a Successor Trustee under the very terms of the alleged Revocable Trust, which means he is ""unfit"" under §736.0706(2)(c)." "Deemed to not be properly notarized by Governor Rick Scott Notary Division 2012 Simon Trust Ted is prohibited by Language of Trust from being a fiduciary as he is considered “Predeceased” for all purposes of the Simon Trust and dispositions made thereunder. Tescher transfers Trusteeship to Ted that violates the Trust Language he drafted that precludes Ted from being a Successor Trustee, this appears instead a criminal successorship to further cover up the prior crimes of Tescher, Spallina and Ted and stymie and interfere with investigations by the authorities and the beneficiaries, leading to a massive waste of Estate and Trust Assets. Tescher and Spallina fail to send accounting after resigning as Co-Trustees and counsel to the Co-Trustees to the beneficiaries in violation of the Trust Code and terms of the trust. Ted fails to send accounting after allegedly accepting Successorship from his friends and business associates Tescher and Spallina in violation of the Trust Code and the terms of the Trust. Fails to send proper notice and documentation to beneficiaries of his alleged successorship in violation of Probate and Trust Rules and Statutes. Language of the alleged 2008 Simon Trust that cannot be amended, modified or revoked, is entirely revoked and removed from alleged 2012 Simon Amended and Restated Trust that again benefits Ted’s family and these changes were used to advance a fraudulent beneficiary scheme and convert assets of Shirley’s Irrevocable Trust to improper parties." http://iviewit.tv/Simon%20and%20Shirley%20Estate/20151215HearingEvidence/Plaintiff%205%20-%202012%20Simon%20L.%20Bernstein%20Amended%20and%20Restated%20Trust%20Agreement.pdf Trust f/b/o Joshua Bernstein under the Simon L. Bernstein Trust dtd 9/13/2012 No Nonexistent Nonexistent These trusts were not produced at Validity Hearing for Simon Trust and were not in Spallina Tescher Court Ordered Prodcution when they allegedly drafted them on the day Simon died despite language stating they were held thereunder. No beneficiaries or trustees have ever seen copies. Eliot is being sued under this trust as Trustee and his kids as Beneficiaries but no copy produced to court either Trust f/b/o Daniel Bernstein under the Simon L. Bernstein Trust dtd 9/13/2012 No Nonexistent Nonexistent Trust f/b/o Jake Bernstein under the Simon L. Bernstein Trust dtd 9/13/2012 No Nonexistent Nonexistent Trust f/b/o Molly Simon under the Simon L. Bernstein Trust dtd 9/13/2012 No Nonexistent Nonexistent Trust f/b/o J.I. under the Simon L. Bernstein Trust Dtd 9/13/12 No Nonexistent Nonexistent "Trust f/b/o Max Friedstein and C.F., under the Simon L. Bernstein Trust Dtd 9/13/12" No Nonexistent Nonexistent "Trust f/b/o Minor C.I. Friedstein and C.F., under the Simon L. Bernstein Trust Dtd 9/13/12" No Nonexistent Nonexistent "Trust f/b/o Michael Bernstein, under the Simon L. Bernstein Trust Dtd 9/13/12" No Nonexistent Nonexistent "Trust f/b/o Alexandra Bernstein, under the Simon L. Bernstein Trust Dtd 9/13/12" No Nonexistent Nonexistent "Trust f/b/o Eric Bernstein, under the Simon L. Bernstein Trust Dtd 9/13/12" No Nonexistent Nonexistent Simon Bernstein Irrevocable Insurance Trust dated 6/21/1995 Missing Heritage Policy Yes Nonexistent "Drafts produced to Federal Court only which are done by Unknown Law Firm, no executed original or copy exists at this time" "Federal Lawsuit Filed without executed contract or terms known. Ted filed lawsuit as an alleged Trustee and Spallina filed death benefit claim stating he was alleged Trustee of this missing trust, both state they have never seen the executed trust." "Simon Bernstein Trust, NA " Missing Heritage Policy Yes Nonexistent Nonexistent Is the stated Contingent Beneficiary of the Missing Policy according to Insurance Co Records "Simon Bernstein 2000 Insurance Trust (dated August 15, 2000)" Heritage Union Life Insurance Policy Yes Nonexistent Yes http://iviewit.tv/Simon%20and%20Shirley%20Estate/20000815%20Simon%20Bernstein%202000%20Insurance%20Trust%20-%20Proskauer%20Rose.pdf Wilmington Trust 088949-000 Simon L. Bernstein Irrevocable Trust Nonexistent Nonexistent "S.B. Lexington, Inc. 501(C)(9) VEBA TRUST" Yes - LaSalle Primary Bene and was Trustee of VEBA Nonexistent Nonexistent Simon L. Bernstein Irrevocable Trust U/A 9/7/06 Simon Bernstein Irrevocable Trust dated 6/21/95 "Simon Bernstein Trust Agreement dated May 13, 2008" SHIRLEY TRUSTS Shirley Trust dated May 20 2008 Yes Nonexistent Copy + Fraudulent Copy "Theodore Bernstein is Not Eligible to Serve as a Successor Trustee under the very terms of the alleged Irrevocable Trust, which means he is ""unfit"" under §736.0706(2)(c). Ted Bernstein is “PREDECEASED” for all purposes of dispositions of the Shirley Trust and thus it appears that Ted was fraudulently inserted as the Successor Trustee to make dispositions illegally. The language of the ALLEGED Shirley Trust states clearly and unambiguously: ARTICLE III. General E. Definitions. In this Agreement, Children, Lineal Descendants. The terms ""child,"" ""children"" and ""lineal descendant"" mean only persons whose relationship to the ancestor designated is created entirely by or through (a) legitimate births occurring during the marriage of the joint biological parents to each other, (b) children and their lineal descendants arising from surrogate births and/or third party donors when (i) the child is raised from or near the time of birth by a married couple (other than a same sex married couple) through the pendency of such marriage, (ii) one of such couple is the designated ancestor, and (iii) to the best knowledge of the Trustee both members of such couple participated in the decision to have such child, and (c) lawful adoptions of minors under the age of twelve years. No such child or lineal descendant loses his or her status as such through adoption by another person. Notwithstanding the foregoing, as I have adequately provided for them during my lifetime, for purposes of the dispositions made under this Trust, my children, TED S. BERNSTEIN (""TED"") and PAMELA B. SIMON (""PAM""), and their respective lineal descendants shall be deemed to have predeceased the survivor of my spouse and me, provided, however, if my children, ELIOT BERNSTEIN, JILL IANTONI and LISA S. FRIEDSTEIN, and their lineal descendants all predecease the survivor of my spouse and me, then TED and PAM, and their respective lineal descendants shall not be deemed to have predeceased me and shall be eligible beneficiaries for purposes of the dispositions made hereunder." http://iviewit.tv/Simon%20and%20Shirley%20Estate/20151215HearingEvidence/Plaintiff%202%20-%202008%20Shirley%20Trust%20Agreement.pdf Shirley Trust 2008 Amendment 1 Nonexistent Yes http://iviewit.tv/Simon%20and%20Shirley%20Estate/20151215HearingEvidence/Plaintiff%203%20-%20First%20Amendment%20to%20Shirley%20Bernstein%20Trust%20Agreement.pdf Shirley Trust 2008 SECOND Amendment 1 Nonexistent Yes http://iviewit.tv/Simon%20and%20Shirley%20Estate/20151215HearingEvidence/Plaintiff%206%20-%20Second%20First%20Amendment%20to%20Shirley%20Bernstein%20Trust%20Agreement%20-%20Spallina%20Alleges%20he%20Fraudulent%3by%20Altered.pdf Shirley Family Trust Nonexistent Nonexistent Shirley Marital Trust Nonexistent Nonexistent Eliot Family Trust Nonexistent Yes http://iviewit.tv/Simon%20and%20Shirley%20Estate/20080520%20Eliot%20Bernstein%20Family%20Trust.pdf Jill Family Trust Lisa Family Trust Shirley Bernstein Irrevocable Trust Agreement (2008) Shirley Bernstein Irrevocable Trust U/A 9/7/06 "Shirley Bernstein 2000 Insurance Trust (dated August 15, 2000) " Yes Nonexistent Nonexistent WILLS Shirley Will 2008 Simon Will 2012 Simon Will 2008 http://iviewit.tv/Simon%20and%20Shirley%20Estate/20080520SimonBernstein2008WillDeliveredByBenBrown20140506.pdf "2000 Last Will and Testament of Simon L. Bernstein " "2000 Last Will and Testament of Simon L. Bernstein COPY DELIVERED TO COURT " 2000 Last Will and Testament of Shirley Bernstein CHILDREN'S TRUSTS "Daniel Bernstein Irrevocable Trust dated September 7, 2006" "Jake Bernstein Irrevocable Trust dated September 07, 2006" "Joshua Z. Bernstein Irrevocable Trust dated September 07, 2006" Daniel Bernstein Irrevocable Trust 07-JUL-10 049738 Jake Bernstein Irrevocable Trust 07-JUL-10 0497381 Joshua Z Bernstein Irrevocable Trust 07-JUL-10 0497381 ESTATE ENTITIES "2008 UNDATED Bernstein Family Realty, LLC - Operating Agreement" http://iviewit.tv/Simon%20and%20Shirley%20Estate/2008Unknown%20Bernstein%20Family%20Realty%20Operating%20Agreement%20UNDATED.pdf "May 20 2008 - Bernstein Holdings, LLC Operating Agreement" http://iviewit.tv/Simon%20and%20Shirley%20Estate/20080520%20Bernstein%20Holdings%20LLC%20Limited%20Liability%20Company%20Operating%20Agreement.pdf "Bernstein Family Investments, LLLP - Agreement of Limited Partnership" http://iviewit.tv/Simon%20and%20Shirley%20Estate/20080520%20Bernstein%20Family%20Investments%20LLLP%20Agreement%20of%20Limited%20Partnership%20of%20.pdf Arbitrage International Management 401k Arbitrage Pension Plan ESTATE OWNED CORPORATIONS "Life Insurance Connection, Inc." "TSB Holdings, LLC" TSB Investments LLLP "Life Insurance Concepts, LLC" "Life Insurance Innovations, Inc." "National Service Association, Inc.  (of Florida) " Total Brokerage Solutions LLC Cambridge Financing Company "National Service Association, Inc." National Service Corp (FLORIDA)