Posted by Jeff from bgp01107368bgs.wbrmfd01.mi.comcast.net (68.42.59.180) on Tuesday, June 25, 2002 at 11:50AM :
In Reply to: Re: Sarguis: Kibitzer posted by Jeff from bgp01107368bgs.wbrmfd01.mi.comcast.net (68.42.59.180) on Tuesday, June 25, 2002 at 11:48AM :
: Although it is not so clear from their failure to answer our questions, neither the Estate Attorney, nor the Truste
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Although it is not so clear from their failure to answer our questions, neither the Estate Attorney, nor the Trustee, represent any of the six Assyrian organizations. These are beneficiaries. If any one of them wants to be represented by counsel, they have to select their own counsel. The Attorney for the Estate may risk a conflict of interest if he attempts to represent any of the six organizations. One possible conflict would be if they permitted a departure from the Will of Mr. Adams, something which they are paid and entrusted to defend, not evade. Another possible conflict is that if any of the six organizations should stray from the path, the remaining organizations (or relatives of Adams) are eligible to receive the forfeited share. Therefore, both the Estate Attorney and the Estate Trustee have only one client, Mr. Adams (and his Will).
Another Question Posed at ACNC: Would it be legal if two or more of these organizations pooled their resources to accomplish one of the purposes envisioned by Mr. Adams?
The Kibitzer: I believe this would be consistent with the Will, provided it clearly fell within one of the two areas specified by Mr. Adams. In fact, it might be eminently sensible. For example, if 2 or 3 of the groups in question wanted to pool their bequests and establish an Assyrian children?s school, this would fall within one of the authorized purposes. By having more than one of the organizations involved, it would not only create a greater pool of funds, but it would also benefit from the input and experience of two separate Boards. To function more easily, the participating organizations could appoint representatives to a joint committee for implementation of such a project.
A Question Which Has Been Asked Several Times: Is it lawful for any of the Adams funds to be routed to overseas projects?
The Kibitizer: This is best answered by the Estate?s attorney. I have done no legal research on this. My guess is that it would be OK.
Another Question at ACNC: What do we do?-- What will you do?-- if these organizations continue to ignore your questions? And if, God forbid, they spend the money on something besides what Adams said?
The Kibitzer: I will continue to write articles about it. But if you are seriously concerned, and if you know others who are equally interested, then keep asking the question until you get an answer. If at all possible, you should try to find an attorney willing to advise you from time to time on a volunteer basis. By the way, I am not available for that purpose, as I intend to limit myself strictly to reporting the story.
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-- Jeff
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