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IN THE CIRCUIT COURT OF HOUSTON COUNTY,ALABAMA
BETTY JO BAUMAN ) CASE NO: CV 015013
Alleged to be incapacitated, )
KATHRYN BAUMAN RUBENSTEIN, )Vs. )
BETTY JO BAUMAN, et al ) CASE NO: CV 02-5063
JOINT MOTION OBJECTING; TO REGIONS PETITION FOR AN EMERGENCY LOAN, TO SALE OF REAL PROPERTY, TO PURCHASE OF AUTOMOBILE
JOINT MOTION FOR; REMOVAL OF LEXA DOWLING AS GUARDIAN OF BETTY JO BAUMAN, ONLY ESSENTIAL EXPENDITURES FOR THE HEALTH CARE OF AND/FOR BETTY JO BAUMAN BE ALLOWED, FULL INDEPENDENT ACCOUNTING
COME NOW, Kathryn Bauman Rubenstein & Jeffrey D. Bauman,( hereafter, Rubenstein and J. Bauman), Pro Se,do jointly file these Motions Objecting to Region's Banks,(hereafter Regions), Emergency Petition of March 10, 2009 requesting a loan for the alleged care and benefit of Betty Jo Bauman , object to the sale of real property from the Ted Bauman Family Trust and the Ted Bauman Marital Trust, (hereafter, Bauman Trusts), Object to the purchase of an automobile for the alleged benefit of Betty Jo Bauman, Demand the removal of Lexa Dowling as Guardian of Betty Jo Bauman, Move that ONLY essential expenditures for the health and benefit of and for Betty Jo Bauman be allowed until such time as an accounting of the income and assets available for the care of Betty Jo Bauman be divulged unto Rubenstein and J.Bauman, and further both Rubenstein and Jeff Bauman are Demanding a full independent accounting of the Bauman Trusts, The Ted Bauman Estate, The Betty Jo Bauman Revocable Trust, Ted Bauman Investments and Bauman Realty and as adult children & decedents of Betty Jo Bauman and the deceased, Ted Bauman do show unto the Court as grounds, the following:
1. IN THAT, Regions Bank as Trustee of the Bauman Trusts has stated there are numerous emergency payments that must be made for the care and benefit of Betty Jo Bauman including but not limited to care givers and food, it would be appropriate for Regions Trust, Lexa Dowling, as Guardian of Betty Jo Bauman, Mike Conoway as Lexa Dowling's attorney, and Jerry Segrest, as Guardian ad Litem for Betty Jo Bauman to HOLD THEIR BILLS and wait for the specific approval of the Court regarding their fees/bills until said bills submitted and approved by Rubenstein and J. Bauman and thereafter the Court;
2. IN THAT, Regions as Trustee for the Bauman Trusts purports in their March 10, 2009 Petition, there is a lack of cash to pay for expenses of and for Betty Jo Bauman, it is improper that Mrs. Bauman make annual gifts, allegedly to save on taxes, to her children which Lexa Dowling as Mrs. Bauman's Guardian/ Conservator already gifted in January of this year and in each of the previous seven plus years to Barbara Bauman Kamensky and to Marilyn Bauman Granger, (hereafter, Kamensky & Granger), but not Rubenstein or J. Bauman, and in light of the financial emergency and in the best interest of Mrs. Bauman, Kamensky and Granger must be Ordered to return said financial gifts back to Ms. Dowling for the specific use and care of their Mother, Betty Jo Bauman;
3. IN THAT, Lexa Dowling as Guardian for Betty Jo Bauman already purchased an automobile allegedly for the use of her Ward, without notification or approval from either Rubenstein or J. Bauman and without prior approval from the Court, and that Dowling had previously been instructed by the Court not to make any major expenditures without specific approval from the Court, shows reckless abandon by Dowling and wanton disregard for the best interest of her Ward;
4. THAT, it would have been a conservation of Mrs. Bauman's assets to have purchased the same Cadillac which had been previously leased for the use and benefit of Mrs. Bauman which was in excellent condition, had approximately 50,000 miles and could have been purchased outright for approximately $12,000.00, and that the $27,391.18 expenditure for a new automobile for Mrs. Bauman's infrequent use shows a vast disregard by Ms. Dowling to be able to preserve and conserve the assets of Mrs. Bauman;
5. THAT, Regions in its March 10, 2009 Petition, claimed the Bauman Trusts do not have sufficient income to provide for the needs of Betty Jo Bauman, and that neither Rubenstein nor J. Bauman have been provided any data or financial reports by Regions or any other party regarding the specific real estate assets including rental assets and income produced by any of the real properties owned by the Bauman Trusts, that Rubenstein nor J. Bauman are able to intelligently evaluate the financial situation of the Bauman Trusts without having the necessary information divulged immediately unto them;
6. THAT, Regions as Trustee of the Bauman Trusts has repeatedly sold real property significantly below market value from the Bauman Trusts without offering said real estate on the open market or through the Multiple Listing Service, and that Regions has sold real property from the Bauman Trust to, among others; Wallace Cooley, husband of Houston County Probate Judge, and that based upon public records, said real property was resold less than six months later for approximately double the initial sale price and that Regions with total disregard for their fiduciary duty unto the Bauman Trusts, has been unable and unwilling to seek and secure appropriate market rates for real property held in the Bauman Trusts exhibits breach of fiduciary duty and that Regions be disallowed from any financial transactions regarding the Bauman Trusts without specific guidance input and approval from Rubenstein and J. Bauman prior to offering ANY REAL PROPERTY for sale from any of the Bauman Trusts;
7. THAT, Regions as Trustee of the Bauman Trusts has sought by and through their attorney, Joel Weatherford, to GIFT real property from the Bauman Trusts to the City of Dothan recently, and that Regions has failed to maintain and/or repair real properties held in the Bauman Trusts over the course of the approximately ten years said real properties have been in their care in order to preserve the value of real property, demonstrates reckless abandon and breach of fiduciary duty by Regions;
8. THAT, neither Lexa Dowling; Guardian for Betty Jo Bauman, nor Jerry Segrest; Court appointed Guardian ad Litem for Betty Jo Bauman, have sought to prevent said GIFTING of property to the City of Dothan when their first order should have been to provide necessary finances needed to care for Betty Jo Bauman shows reckless abandon on their part and exhibits the need for both to be removed from their official capacity immediately;
9. THAT, Joel Weatherford as attorney for Regions and David Johnston as attorney for the Theodore J. Bauman Estate, failed to state in the March 10, 2009 Petition, that they both represent Marilyn Bauman Granger and Barbara Bauman Kamensky and that neither Weatherford nor Johnston nor Regions have ever provided fee statements, bills or copies thereof to Rubenstein or J. Bauman for work allegedly done and paid by Regions from the Bauman Trusts unto either Weatherford or Johnston shows blatant disregard for the best interest of the Bauman Estate and Trusts and that Rubenstein and J. Bauman demand that all bills paid by Regions on behalf of either the Bauman Trusts or Bauman Estate be produced unto to them immediately;
10. THAT, Lexa Dowling as Conservator and Guardian for Betty Jo Bauman has billed an exorbitant amount of hours for unnecessary and frivolous actions under the guise of care and benefit of and for Betty Jo Bauman, and that Regions has paid Ms. Dowling's bills as they are submitted without prior approval of either Rubenstein, J. Bauman or the Court, the last year Ms. Dowling reported her fees billed and paid by Regions for one year as Guardian/Conservator of Mrs. Bauman she had billed and been paid $53,911.10 and that under the law of Alabama Ms. Dowling was only due approximately $5,000.00 as conservator/ guardian of Betty Jo which would be a percentage of the INCOME of Betty Jo Bauman, in compliance with the Code of Alabama, Section 26-9-17, a conservator's attorney fees are to be computed by a certain formula. "Compensation payable to a guardian shall not exceed five percent of the income of the ward during any year.", Ms. Dowling has sought to and and succeeded in exploiting the assets of Mrs. Bauman and therefore should be removed immediately from her official capacity, it shall be duly noted, that Ms. Dowling has failed to provide unto the Court her fees billed and paid as Guardian/Conservator for Mrs. Bauman for the previous year, and that the aforementioned was due in September 2008;
11. IN THAT, All Settlements produced by Lexa Dowling and Mike Conoway regarding expenses paid for the benefit of Betty Jo Bauman have been negligent each and every year in that all salaries and wages for the caregivers of Betty Jo Bauman which were paid by Regions Bank and that were AUTHORIZED BY Lexa Dowling as Conservator of Betty Jo Bauman have never been divulged to Rubenstein nor J. Bauman and that this Court has denied or ignored all previous Motions requesting financial information regarding Ms. Bauman's caregivers and the specific source Regions has been paying them from, Rubenstein and J. Bauman demand said financial information be divulged unto them immediately;
12. THAT, Michael Conoway, as attorney for Lexa Dowling has been billing in excess of $175.00 per hour for services rendered which is exorbitant, and over and above the national norm for said duties;
13. THAT, Jerry Segrest as Guardian ad Litem for Betty Jo Bauman has been billing in excess of $200 per hour for services rendered which is exorbitant and over and above the national norm for said duties, Ms. Rubenstein and Mr. Bauman have previously Moved this Court to dismiss with the necessity of a Guardian ad Litem for Betty Jo Bauman and Move to remove Jerry Segrest immediately as GAL for Betty Jo Bauman;
14. THAT, Regions Bank and this Court have IGNORED and/or DENIED each and every one of the numerous Motions by Rubenstein demanding an independent accounting of the Ted Bauman Estate, Bauman Trusts and all assets of Ted & Betty Jo Bauman over the seven plus years these actions have been in the Houston County Court, and with three different judges presiding, has led to a loss of confidence in the ability of Regions Bank and this Court to act with impartiality and integrity regarding the affairs and finances of the Bauman Trusts, Ted Bauman Estate and assets of Betty Jo Bauman and has further set up a situation of complete lack of transparency regarding the assets and holdings of the Bauman Estate and Trusts;
15. THAT, Lexa Dowling, as Guardian of Betty Jo Bauman has ignored and/or refused Rubenstein's numerous requests and Motions to ascertain where cash and assets of Betty Jo Bauman, which were looted prior to her appointment as Guardian for Mrs. Bauman went, and that Ms. Dowling has breached her legal obligation unto Mrs. Bauman to seek the return of said assets in order to provide financially for the care of Betty Jo Bauman;
16. IN THAT, there is currently a Court Date already scheduled for April 16, 2009, It would not be necessary for taxes for the Bauman Trusts to be paid prior to that Court Date and Rubenstein and J. Bauman demand they receive copies of each and every tax filing regarding The Bauman Estate or Bauman Trusts in that none have been produced to either Rubenstein or J. Bauman, which shows absolute disregard for the legal rights of Rubenstein and J.Bauman;
THERE FORE, based on the aforementioned, and as adult children of Betty Jo Bauman, and of the deceased Ted Bauman, Your Petitioners' are due to be granted each and every one of their Motions presented here this day and that the total lack of transparency regarding the finances of the Bauman Estate and the Bauman Trusts by Regions and this Court be rectified immediately;
AND FURTHERMORE, in light of the aforementioned lack of transparency, Your Petitioners' Move this Honorable Court for a full and complete independent accounting of ANY & ALL expenses, bills, assets, deposits, checks, charges or transfers authorized by Regions Bank, Lexa Dowling or ANY OTHER PARTY on behalf of Betty Jo Bauman, for BOTH BAUMAN TRUSTS, and for the Estate of Ted Bauman and from The BETTY JO BAUMAN REVOCABLE TRUST since its inception and of the THEODORE JULIUS BAUMAN REVOCABLE TRUST from its inception unto the present date , and as rightful and undisputed heirs and children of Betty Jo Bauman and the deceased Ted Bauman are due to be granted same at the sole expense of Regions Bank and by a forensic accounting firm selected by Rubenstein and J. Bauman, and that Regions absorb all costs and fees for copying and producing all requested documents and information, and that Rubenstein and J. Bauman be granted these and any such other relief to which they may be entitled.
RESPECTFULLY submitted, this 17th day of March 2009.
KATHRYN BAUMAN RUBENSTEIN, Pro Se P.O. Box 2243, Dothan, Alabama 36302, (334)803-2526
JEFFREY D. BAUMAN, Pro Se P.O. Box 1956, Dothan, Alabama 36302, (334) 677-2150
