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Filing # 119295095 E-Filed 01/08/2021 11:57:19 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. CACE20017255
DIVISION: 11
JUDGE: Andrea Gundersen
Grove Bank & Trust,
Plaintiff(s)/Petitioner(s)
V.
Gallery One Condominium Association, Inc., et al,
Defendant(s)/ Respondent(s)
SECOND SUPPLEMENTAL INTERIM REPORT OF COURT-APPOINTED
GUARDIAN AD LITEM AND ADMINISTRATOR AD LITEM
COMES NOW H. C. Palmer III, Esq., Court-Appointed Guardian Ad Litem and
Administrator Ad Litem, and files this his Second Supplemental Interim Report Of Court-
Appointed Guardian Ad Litem And Administrator Ad Litem (hereinafter referred to as GAL)
and in support thereof asserts:
1. Attached are correspondences between the GAL and attorney Matthew R. McCrink.
Attorney McCrink has been retained by the nominated Personal Representative under the
Decedent’s Last Will And Testament to assist in the administration of the Decedent’s Estate in
New Jersey. The GAL, on multiple occasions, requested attorney McCrink to provide the GAL
with the contact information for the Decedent’s heirs, interested persons and potential known-
creditors. That requested information was not produced by attorney McCrink.
lof4
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/08/2021 11:57:19 AM.****2. The GAL contacted the New Jersey Clerk of Court for the production of the Estate
file to ascertain contact information for Decedent’s heirs, interested persons and potential
known-creditors. Unfortunately, the New Jersey probate administration file did not contain much
in the way of pleadings as evidenced by the attached copy of the Estate’s file received from the
New Jersey Clerk of Court. The documents that have been filed in the New Jersey probate
administration proceeding did not provide the contact information for any Decedent’s heirs,
interested persons and potential known-creditors.
3. The GAL contacted the Brandon Funeral Home to ascertain from them whether
their file contained any contact information for any Decedent’s heirs, interested persons and
potential known-creditors. The Brandon Funeral Home advised the GAL that the only contact
information contained in their file was for Christine Frasetto, the nominated Personal
Representative that is represented by attorney McCrink.
4. Finding himself at a dead end, the GAL turn to the Internet and social media. The
GAL attempted to contact the mother of the Decedent’s children/the ex-wife of the Decedent
Dorothy M. Hee. The GAL left his contact information on the phone number associated with
Dorothy M. Hee and requested that she returned his call. The GAL did not receive a response
call from Dorothy M. Hee.
5. The GAL was able to contact Ryan Higgins, the son of the Decedent, but
unfortunately Ryan Higgins was at that moment on a business conference call and could not
converse with the GAL other than to obtain the GAL’s phone number so that Ryan Higgins
could return the GAL's call at a more convenient time. Ryan Higgins has not called back the
GAL as of the final drafting of this Second Supplemental Interim Report.
6. The GAL was able to contact Melissa Higgins Lawrence, the daughter of the
Decedent. The attached correspondence, with the attachments enumerated in the attached
20f4correspondence, was submitted to Melissa Higgins Lawrence by the GAL confirming the GAL’s
conversation with Melissa Higgins Lawrence.
7. The GAL is in hopes that either Ryan Higgins can provide the current contact
information for Amy Higgins or alternatively that Melissa Higgins Lawrence will contact her
mother Dorothy M. Hee to obtain the contact information for Amy.
8. The New Jersey probate administration file did not contain a Notice To Creditors
nor any Statements Of Claim having been filed by creditors. As such, the GAL is unaware of any
creditors of the Decedent other than the Plaintiff in the foreclosure litigation.
9. The Decedent’s Last Will And Testament devises the residue of the Estate to the
Decedent’s Trust as follows:
“FOURTH: All the rest, residue and remainder of my estate, real, personal, or
mixed, of whatsoever nature and wheresoever situate, which I may own or have the
right to dispose of at the time of my death, I give, devise and bequeath in Trust, as
set forth in the Trust provisions below, as follows:
A. Sixty percent (60%) of the income only of the Trust to my beloved children,
RYAN HIGGINS, AMY HIGGINS, and MELISSA LAWRENCE, in equal shares,
per stirpes and not per capita; and
B. Forty percent (40%) of the income only of the Trust to my beloved
grandchildren, ETHAN LAWRENCE, LIAM LAWRENCE, COLTON
VOHRINGER, and DELILAH VOHRINGER, in equal shares, per stirpes and not
per capita.”
“FIFTH: I give, devise and bequeath all the rest, residue and remainder of my
property, real, personal or mixed, of which I die seized or possessed, to my Trustee
hereinafter named, IN TRUST NEVERTHELESS, to have to hold for the purpose
3 0f 4of providing for the support, maintenance and education of my said children and
grandchildren above listed.”
“I hereby nominate, constitute and appoint CHRISTINE FRASETTO and RYAN
HIGGINS as Co-Trustee of the Trust provisions of this my Last Will and
Testament.”
10. There is one bequest in the Decedent’s Last Will And Testament, but that is a cash
bequest. As such, it would appear that the interested parties in this foreclosure action other than
creditors, if any, is limited to the Decedent’s children, grandchildren and Christine Frasetto.
Respectfully submitted,
/s/ H.C. Palmer III, Esq.
H.C. Palmer III, Esq.
CERTIFICATE OF SERVICE
IT HEREBY CERTIFY that a true and correct copy of the foregoing was filed and served
to counsel and/or parties through the Florida Courts E-filing Portal on January 8, 2021.
/s/ H.C. Palmer Ill, Esq.
H.C. Palmer III, Esq.
Fla. Bar No. 260975
P. O. Box 330232
Coconut Grove, FL 33233-0232
(305) 445-2424 - phone
(305) 442-1446 — fax
Email: harrypalmer@bellsouth.net
40f4H. C. PALMER, III
Attorney at Law
P. O. Box 330232
Coconut Grove, FL 33233-0232
Telephone: (305) 445-2424
Facsimile: (305) 442-1446
Email: HarryPalmer@BellSouth.net
November 12, 2020
Matthew R. McCrink, Esq.
McCrink Kehler & McCrink
475 Route 73 North
West Berlin, NJ
Via email: mmccrink@mkmnjlaw.com
Re: Michael John Higgins a/k/a Michael J. Higgins, deceased.
Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al.
Case number: CACE20017255
Dear Mr. McCrink,
This correspondence will introduce myself as the Ad Litem appointed in the attached Order by
the Court in the foreclosure of the Decedent Michael Higgins' real estate located at 2670 E.
Sunrise Blvd., Unit 1411, Fort Lauderdale, FL, 33304.
I received correspondence from Plaintiffs counsel advising that the Personal Representative
does not intend to defend the foreclosure action and the Deed In Lieu Of Foreclosure was
discussed in order to close the foreclosure action.
Pursuant to the attached Order I am to “to serve as Guardian Ad Litem and Administrator Ad
Litem on behalf of THE ESTATE OF MICHAEL JOHN HIGGINS A/KA MICHAEL J.
HIGGINS, UNKNOWN SPOUSE, BENEFICIARIES, HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY
CLAIM AN INTEREST IN THE ESTATE OF MICHAEL JOHN HIGGINS A/K/A MICHAEL
J. HIGGINS, DECEASED.”
The Guardian Ad Litem and Administrator Ad Litem cannot join in agreement with the Deed In
Lieu Of Foreclosure as it is not my decision. I must ascertain all of the categories of
entitics/persons listed in the Court Order's above quoted language and then notify all of the
categories of entities/persons of the foreclosure action so they can decide whether they wish to
defend the foreclosure action or not proceed to protect their potential interest, if any.
Please provide the undersigned with the contact information for all of the known
beneficiaries/heirs and devisees of the Estate.Please provide the undersigned with the contact information for all of the known creditors of the
Estate.
Please provide the undersigned with the contact information for any and all of the known
“GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHERS WHO MAY
CLAIM AN INTEREST IN THE ESTATE OF MICHAEL JOHN HIGGINS A/K/A MICHAEL
J. HIGGINS, DECEASED.”
Please provide the undersigned with the Petition For Administration.
Please provide the undersigned with all Statements of Claim filed against the Estate.
I will diary my calendar to follow up with you on Monday, November 16, 2020 afternoon if I
have not heard from you in response to this correspondence.
Should you have any questions, please do not hesitate to contact the undersigned.
Sincerely,
s/ H.C. Palmer III, Esq.
H.C. Palmer III, Esq.
HCP/mr
Encl.: as statedH.C. PALMER, IIT
Attorney at Law
P. O. Box 330232
Coconut Grove, FL 33233-0232
Telephone: (305) 445-2424
Facsimile: (305) 442-1446
Email: HarryPalmer@BellSouth.net
November 13, 2020
Matthew R. McCrink, Esq.
McCrink Kehler & McCrink
475 Route 73 North
West Berlin, NJ
Via email: mmecrink@mkmnjlaw.com
Re: Michael John Higgins a/k/a Michael J. Higgins, deceased.
Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al.
Case number: CACE20017255
Dear Mr. McCrink,
It would appear from my reading of your letter that you had not read my email sent to you at 2:04
P.M. when you drafted your letter. Our correspondences probably crossed in the typing pools.
I must notify potential interested parties of the foreclosure litigation so that the potential interested
parties can determine what they desire to do with reference to this foreclosure litigation.
I cannot make this decision for the potential interested parties. However, if you will provide me
promptly with the information outlined in my prior letter, I can then hopefully move forward rapidly
with my duties as Ad Litem.
It would appear to me that the property has a little or no value to the Estate since the realtor advises,
at the current listing price, there is currently no Buyer interest in this parcel and there is a substantial
inventory in this building and Hilton has just increased its monthly fee, making the property even less
desirable to purchase. Further, if the sale price is lowered, then there may be no net sale proceeds to
the Estate after paying costs of the sale, including realtors commission. However, that is not my call.
Especially, since I have no information regarding the Estate’s assets.
Should you have any questions, please do not hesitate to contact the undersigned.
Sincerely,
/s/ H.C. Palmer III, Esq.
H.C. Palmer III, Esq.
HCP/mrH.C. PALMER, IIT
Attorney at Law
P. O. Box 330232
Coconut Grove, FL 33233-0232
Telephone: (305) 445-2424
Facsimile: (305) 442-1446
Email: HarryPalmer@BellSouth.net
2=4 FOLLOW UP
November 23, 2020
Matthew R. McCrink, Esq.
McCrink Kehler & McCrink
475 Route 73 North
West Berlin, NJ
Via email: mmccrink@mkmnjlaw.com
Re: Michael John Higgins a/k/a Michael J. Higgins, deceased.
Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al.
Case number: CACE20017255
Dear Mr. McCrink,
On November 13, 2020 (and then followed-up on November 17), I submitted to you a
correspondence stating the following:
“Tt would appear from my reading of your letter that you had not read my email sent to you at
2:04 P.M. when you drafied your letter. Our correspondences probably crossed in the typing
pools.
J must notify potential interested parties of the foreclosure litigation so that the potential
interested parties can determine what they desire to do with reference to this foreclosure
litigation.
I cannot make this decision for the potential interested parties. However, if you will provide me
promptly with the information outlined in my prior letter, I can then hopefully move forward
rapidly with my duties as Ad Litem.
It would appear to me that the property has a litile or no value to the Estate since the realtor
advises, at the current listing price, there is currently no Buyer interest in this parcel and there is
a substantial inventory in this building and Hilton has just increased its monthly fee, making the
property even less desirable to purchase. Further, if the sale price is lowered, then there may be
no net sale proceeds to the Estate after paying costs of the sale, including realtors commission.
However, that is not my call. Especially, since I have no information regarding the Estate’s
assets.”
As of this date, I have not received any communication from you on this matter. As Court-
Appointed Ad Litem, I must file a Response to the Plaintiffs Complaint no later than December
3, 2020.Therefore, your prompt response on this matter will be greatly appreciated.
I will diary my calendar to follow up with you in the afternoon of Wednesday, November 25,
2020 if I have not heard from you in response to this correspondence.
Should you have any questions, please do not hesitate to contact the undersigned.
Sincerely,
/s/ H.C. Palmer II, Esq.
H.C. Palmer III, Esq.
HCP/mrH.C. PALMER, IIT
Attorney at Law
P. O. Box 330232
Coconut Grove, FL 33233-0232
Telephone: (305) 445-2424
Facsimile: (305) 442-1446
Email: HarryPalmer@BellSouth.net
November 30, 2020
Matthew R. McCrink, Esq.
McCrink Kehler & MeCrink
475 Route 73 North
West Berlin, NJ
Via email: mmccrink@mkmnjlaw.com
Re: Michael John Higgins a/k/a Michael J. Higgins, deceased.
Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al.
Case number: CACE20017255
Dear Mr. McCrink,
Thave followed up with you on multiple occasions attempting to obtain the information sought in
my original November 12, 2020 correspondence. That correspondence is self-explanatory and
explains that I have a duty to notify all beneficiaries, and creditors of the foreclosure litigation so
that they can make an informed decision as to whether they seek to remove the property from
foreclosure and buy it from the Estate.
The two most recent correspondences (dated November 25 & November 30) received from your
Firm failed to provide me with the contact information for all of the known beneficiaries/heirs
and devisees of the Estate, for all of the known creditors of the Estate, and for any and all of the
known “GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHERS WHO MAY
CLAIM AN INTEREST IN THE ESTATE OF MICHAEL JOHN HIGGINS A/K/A MICHAEL
J. HIGGINS, DECEASED.”
Further, I previously requested you provide me with the following documents:
1. Petition For Administration (with Certificate Of Service).
2. All Statements of Claim filed against the Estate (with Certificate Of Service).
As of this date, I have not received the above-mentioned documents.
Additionally, I hereby request you also provide me with the following documents:
3. All Formal Notices issued relating to the Estate Administration (with Certificate Of
Service).4. All Objections/Responses to Statements of Claim filed against the Estate (with Certificate
Of Service).
I will diary my calendar to follow up with you on Wednesday, December 3, 2020 afternoon if I
have not heard from you in response to this correspondence.
Should you have any questions, please do not hesitate to contact the undersigned.
Sincerely,
/s/ H.C. Palmer II, Esq.
H.C. Palmer III, Esq.
HCP/mrH. C. PALMER, III
Attorney at Law
P. O. Box 330232
Coconut Grove, FL 33233-0232
Telephone: (305) 445-2424
Facsimile: (305) 442-1446
Email: HarryPalmer@BellSouth.net
FOLLOW-UP
January 5, 2021
Matthew R. McCrink, Esq.
McCrink Kehler & McCrink
475 Route 73 North
West Berlin, NJ
Via email: mmccrink@mkmnjlaw.com
Re: Michael John Higgins a/k/a Michael J. Higgins, deceased.
Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al.
Case number: CACE20017255
Dear Mr. McCrink,
On November 30, 2020, I sent you correspondence stating the following:
“I have followed up with you on multiple occasions attempting to obtain the information sought
in my original November 12, 2020 correspondence. That correspondence is self-explanatory and
explains that I have a duty to notify all beneficiaries, and creditors of the foreclosure litigation
so that they can make an informed decision as to whether they seek to remove the property from
foreclosure and buy it from the Estate.
The two most recent correspondences (dated November 25 & November 30) received from your
Firm failed to provide me with the contact information for all of the known beneficiaries/heirs
and devisees of the Estate, for all of the known creditors of the Estate, and for any and all of the
known “GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHERS WHO MAY
CLAIM AN INTEREST IN THE ESTATE OF MICHAEL JOHN HIGGINS A/K/A MICHAEL J.
HIGGINS, DECEASED.”
Further, I previously requested you provide me with the following documents:
1. Petition For Administration (with Certificate Of Service).
2. All Statements of Claim filed against the Estate (with Certificate Of Service).
As of this date, I have not received the above-mentioned documents.
Additionally, I hereby request you also provide me with the following documents:3. All Formal Notices issued relating to the Estate Administration (with Certificate Of
Service).
4. All Objections/Responses to Statements of Claim filed against the Estate (with Certificate
Of Service).”
As of this date, I have not received the requested information or documentation.
As I explained before, I have a duty to notify all beneficiaries, and creditors of the foreclosure
litigation so that they can make an informed decision as to whether they seek to remove the
property from foreclosure and buy it from the Estate.
I hereby again request that you provide me with the quoted information/documentation herein so
that I can move forward on this matter.
I will diary my calendar to follow up with you on Thursday, January 7, 2021 at noon if I have not
heard from you in response to this correspondence.
Should you have any questions, please do not hesitate to contact the undersigned.
Sincerely,
/s/ H.C. Palmer LIl, Esq.
H.C. Palmer III, Esq.
HCP/mrMatthew McCrink
RE: Michael John Higgins a/k/a Michael J. Higgins, deceased. Grove Bank & Trust v. Gallery One Condominium
Association, Inc., et al. Case number: CACE20017255
November 12, 2020 al 3:03 PM
Harry Palmer
Mr. Palmer, | represent the Higgins estate in New jersey. | suggested to the executor that
we tender a deed in lieu of foreclosure to avoid costs and delays. If that is agreeable to
the lender let me know, as the estate has minimal resources and cannot afford to incur
any costs or bills. | do not know if there would be a deficiency here but we would ask the
lender to waive any such claim in return for our expediting the process. Please let me
know so | can advise the executrix. Matt McCrink (MCCRINK KEHLER AND MCCRINk)
From: Harry Palmer
Sent: Thursday, November 12, 2020 2:05 PM
To: Matthew McCrink
Subject: Re: Michael John Higgins a/k/a Michael J. Higgins, deceased. Grove Bank &
Trust v. Gallery One Condominium Association, Inc., et al. Case number:
CACE20017255
Good afternoon,
Please see attached.
Sincerely,
Marian Rodriguez, Legal Assistant
H.C. Palmer Ill, Esq.
H.C. Palmer Ill, PA.
P.O. Box 330232
Miami, FL 33233
P: 305-445-2424
F: 305-442-1446
E: harrypalmer @bellsouth.net
***CONFIDENTIALITY NOTICE: This e-mail communication and any attachments
may contain confidential information for the use of the designated recipients. If
you are not the intended recipient, (or authorized to receive for the recipient) you
are hereby notified that you have received this communication in error and
that any review, disclosure, dissemination, distribution or copying of it or
its contents is prohibited. If you have received this communication in error, please
destroy all copies of this communication and any attachments and contact the
sender by reply e-mail or telephone.***McCRINK, KEHLER & McCRINK
ATTORNEYS AT LAW
MATTHEW R. McCRINK McCRINK, KEHLER & McCRINK LAW BUILDING TELEPHONE
DANIEL R, KEHLER (ret) 475 ROUTE 73 NORTH (856) 768-0033
KRISDEN M. McCRINK + WEST BERLIN, NEW JERSEY 08091-2003 FACSIMILE
a ‘Website: www: mkmnjlaw.com (856) 768-8844
RACHEL B. COSTELLO
JANA. BALLARD +
CASSANDRA A. STEVENSON: E-mail: estevenson@mkmnjlaw.com
aanene 4 Admitted in NJ & PA
JOSEPH F. FABIAN of Counsel
November 25, 2020
Via E-mail: HarryPalmer@BellSouth.net
Harry C. Palmer, IIT
Attorney at Law
P.O. Box 330232
Coconut Grove, FL 33233-0232
Re: Estate of Michael Higgins aka Michael J. Higgins, deceased.
Grove Bank & Trust v. Gallery One Condominium Association, Inc. et.al.
Case number: CACE20017255
Dear Mr. Palmer:
Please be advised by way of this letter of my representation of the Estate of Michael
Higgins. I have met with the Executor and have conducted an analysis of the Estate’s financial
condition and give you the following report.
The Florida condominium located at 2670 E. Sunrise Blvd., Unit 1411, Fort Lauderdale, FL
33304, was at one time worth approximately $160,000.00. In February 2020, the Estate of Michael
J. Higgins owed Plaintiff the principal sum of $161,929.15, together with interest. This property is
now “under water”. As attorneys for the estate, the executor has advised us not to defend against the
foreclosure action and has agreed to accept a deed in lieu thereof.
We are also forwarding a copy of this letter directly to Plaintiff's attorneys, Jeffrey C. Roth
at Roth & Scholl, 866 Dixie Highway, Coral Gables, Florida 33146. If you have any questions,
please do not hesitate to call.
Very Truly Yours,
sneer
(WR. McCRINK
cc: Christine Frasetto, Executrix
Jeffrey C. Roth, Esq.McCRINK, KEHLER & McCRINK
ATTORNEYS AT LAW
MATTHEW R. McCRINK ‘MoCRINK, KEHLER & McCRINK LAW BUILDING TELEPHONE
DANIEL R. KEHLER (1940-2020) 475 ROUTE 73 NORTH (@56) 768-0033
KRISDEN M. McCRINK + WEST BERLIN, NEW JERSEY 08091-2003 FACSIMILE
we ‘Website: www.mkmnjlaw.com (B56) 768-8844
‘CASSANDRA A. STEVENSON Evmail: cstevenson@mkmnitaw.com
_
Preview
Filing # 119295095 E-Filed 01/08/2021 11:57:19 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO. CACE20017255 DIVISION: 11 JUDGE: Andrea Gundersen Grove Bank & Trust, Plaintiff(s)/Petitioner(s) V. Gallery One Condominium Association, Inc., et al, Defendant(s)/ Respondent(s) SECOND SUPPLEMENTAL INTERIM REPORT OF COURT-APPOINTED GUARDIAN AD LITEM AND ADMINISTRATOR AD LITEM COMES NOW H. C. Palmer III, Esq., Court-Appointed Guardian Ad Litem and Administrator Ad Litem, and files this his Second Supplemental Interim Report Of Court- Appointed Guardian Ad Litem And Administrator Ad Litem (hereinafter referred to as GAL) and in support thereof asserts: 1. Attached are correspondences between the GAL and attorney Matthew R. McCrink. Attorney McCrink has been retained by the nominated Personal Representative under the Decedent’s Last Will And Testament to assist in the administration of the Decedent’s Estate in New Jersey. The GAL, on multiple occasions, requested attorney McCrink to provide the GAL with the contact information for the Decedent’s heirs, interested persons and potential known- creditors. That requested information was not produced by attorney McCrink. lof4 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/08/2021 11:57:19 AM.****2. The GAL contacted the New Jersey Clerk of Court for the production of the Estate file to ascertain contact information for Decedent’s heirs, interested persons and potential known-creditors. Unfortunately, the New Jersey probate administration file did not contain much in the way of pleadings as evidenced by the attached copy of the Estate’s file received from the New Jersey Clerk of Court. The documents that have been filed in the New Jersey probate administration proceeding did not provide the contact information for any Decedent’s heirs, interested persons and potential known-creditors. 3. The GAL contacted the Brandon Funeral Home to ascertain from them whether their file contained any contact information for any Decedent’s heirs, interested persons and potential known-creditors. The Brandon Funeral Home advised the GAL that the only contact information contained in their file was for Christine Frasetto, the nominated Personal Representative that is represented by attorney McCrink. 4. Finding himself at a dead end, the GAL turn to the Internet and social media. The GAL attempted to contact the mother of the Decedent’s children/the ex-wife of the Decedent Dorothy M. Hee. The GAL left his contact information on the phone number associated with Dorothy M. Hee and requested that she returned his call. The GAL did not receive a response call from Dorothy M. Hee. 5. The GAL was able to contact Ryan Higgins, the son of the Decedent, but unfortunately Ryan Higgins was at that moment on a business conference call and could not converse with the GAL other than to obtain the GAL’s phone number so that Ryan Higgins could return the GAL's call at a more convenient time. Ryan Higgins has not called back the GAL as of the final drafting of this Second Supplemental Interim Report. 6. The GAL was able to contact Melissa Higgins Lawrence, the daughter of the Decedent. The attached correspondence, with the attachments enumerated in the attached 20f4correspondence, was submitted to Melissa Higgins Lawrence by the GAL confirming the GAL’s conversation with Melissa Higgins Lawrence. 7. The GAL is in hopes that either Ryan Higgins can provide the current contact information for Amy Higgins or alternatively that Melissa Higgins Lawrence will contact her mother Dorothy M. Hee to obtain the contact information for Amy. 8. The New Jersey probate administration file did not contain a Notice To Creditors nor any Statements Of Claim having been filed by creditors. As such, the GAL is unaware of any creditors of the Decedent other than the Plaintiff in the foreclosure litigation. 9. The Decedent’s Last Will And Testament devises the residue of the Estate to the Decedent’s Trust as follows: “FOURTH: All the rest, residue and remainder of my estate, real, personal, or mixed, of whatsoever nature and wheresoever situate, which I may own or have the right to dispose of at the time of my death, I give, devise and bequeath in Trust, as set forth in the Trust provisions below, as follows: A. Sixty percent (60%) of the income only of the Trust to my beloved children, RYAN HIGGINS, AMY HIGGINS, and MELISSA LAWRENCE, in equal shares, per stirpes and not per capita; and B. Forty percent (40%) of the income only of the Trust to my beloved grandchildren, ETHAN LAWRENCE, LIAM LAWRENCE, COLTON VOHRINGER, and DELILAH VOHRINGER, in equal shares, per stirpes and not per capita.” “FIFTH: I give, devise and bequeath all the rest, residue and remainder of my property, real, personal or mixed, of which I die seized or possessed, to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to have to hold for the purpose 3 0f 4of providing for the support, maintenance and education of my said children and grandchildren above listed.” “I hereby nominate, constitute and appoint CHRISTINE FRASETTO and RYAN HIGGINS as Co-Trustee of the Trust provisions of this my Last Will and Testament.” 10. There is one bequest in the Decedent’s Last Will And Testament, but that is a cash bequest. As such, it would appear that the interested parties in this foreclosure action other than creditors, if any, is limited to the Decedent’s children, grandchildren and Christine Frasetto. Respectfully submitted, /s/ H.C. Palmer III, Esq. H.C. Palmer III, Esq. CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing was filed and served to counsel and/or parties through the Florida Courts E-filing Portal on January 8, 2021. /s/ H.C. Palmer Ill, Esq. H.C. Palmer III, Esq. Fla. Bar No. 260975 P. O. Box 330232 Coconut Grove, FL 33233-0232 (305) 445-2424 - phone (305) 442-1446 — fax Email: harrypalmer@bellsouth.net 40f4H. C. PALMER, III Attorney at Law P. O. Box 330232 Coconut Grove, FL 33233-0232 Telephone: (305) 445-2424 Facsimile: (305) 442-1446 Email: HarryPalmer@BellSouth.net November 12, 2020 Matthew R. McCrink, Esq. McCrink Kehler & McCrink 475 Route 73 North West Berlin, NJ Via email: mmccrink@mkmnjlaw.com Re: Michael John Higgins a/k/a Michael J. Higgins, deceased. Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al. Case number: CACE20017255 Dear Mr. McCrink, This correspondence will introduce myself as the Ad Litem appointed in the attached Order by the Court in the foreclosure of the Decedent Michael Higgins' real estate located at 2670 E. Sunrise Blvd., Unit 1411, Fort Lauderdale, FL, 33304. I received correspondence from Plaintiffs counsel advising that the Personal Representative does not intend to defend the foreclosure action and the Deed In Lieu Of Foreclosure was discussed in order to close the foreclosure action. Pursuant to the attached Order I am to “to serve as Guardian Ad Litem and Administrator Ad Litem on behalf of THE ESTATE OF MICHAEL JOHN HIGGINS A/KA MICHAEL J. HIGGINS, UNKNOWN SPOUSE, BENEFICIARIES, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF MICHAEL JOHN HIGGINS A/K/A MICHAEL J. HIGGINS, DECEASED.” The Guardian Ad Litem and Administrator Ad Litem cannot join in agreement with the Deed In Lieu Of Foreclosure as it is not my decision. I must ascertain all of the categories of entitics/persons listed in the Court Order's above quoted language and then notify all of the categories of entities/persons of the foreclosure action so they can decide whether they wish to defend the foreclosure action or not proceed to protect their potential interest, if any. Please provide the undersigned with the contact information for all of the known beneficiaries/heirs and devisees of the Estate.Please provide the undersigned with the contact information for all of the known creditors of the Estate. Please provide the undersigned with the contact information for any and all of the known “GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF MICHAEL JOHN HIGGINS A/K/A MICHAEL J. HIGGINS, DECEASED.” Please provide the undersigned with the Petition For Administration. Please provide the undersigned with all Statements of Claim filed against the Estate. I will diary my calendar to follow up with you on Monday, November 16, 2020 afternoon if I have not heard from you in response to this correspondence. Should you have any questions, please do not hesitate to contact the undersigned. Sincerely, s/ H.C. Palmer III, Esq. H.C. Palmer III, Esq. HCP/mr Encl.: as statedH.C. PALMER, IIT Attorney at Law P. O. Box 330232 Coconut Grove, FL 33233-0232 Telephone: (305) 445-2424 Facsimile: (305) 442-1446 Email: HarryPalmer@BellSouth.net November 13, 2020 Matthew R. McCrink, Esq. McCrink Kehler & McCrink 475 Route 73 North West Berlin, NJ Via email: mmecrink@mkmnjlaw.com Re: Michael John Higgins a/k/a Michael J. Higgins, deceased. Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al. Case number: CACE20017255 Dear Mr. McCrink, It would appear from my reading of your letter that you had not read my email sent to you at 2:04 P.M. when you drafted your letter. Our correspondences probably crossed in the typing pools. I must notify potential interested parties of the foreclosure litigation so that the potential interested parties can determine what they desire to do with reference to this foreclosure litigation. I cannot make this decision for the potential interested parties. However, if you will provide me promptly with the information outlined in my prior letter, I can then hopefully move forward rapidly with my duties as Ad Litem. It would appear to me that the property has a little or no value to the Estate since the realtor advises, at the current listing price, there is currently no Buyer interest in this parcel and there is a substantial inventory in this building and Hilton has just increased its monthly fee, making the property even less desirable to purchase. Further, if the sale price is lowered, then there may be no net sale proceeds to the Estate after paying costs of the sale, including realtors commission. However, that is not my call. Especially, since I have no information regarding the Estate’s assets. Should you have any questions, please do not hesitate to contact the undersigned. Sincerely, /s/ H.C. Palmer III, Esq. H.C. Palmer III, Esq. HCP/mrH.C. PALMER, IIT Attorney at Law P. O. Box 330232 Coconut Grove, FL 33233-0232 Telephone: (305) 445-2424 Facsimile: (305) 442-1446 Email: HarryPalmer@BellSouth.net 2=4 FOLLOW UP November 23, 2020 Matthew R. McCrink, Esq. McCrink Kehler & McCrink 475 Route 73 North West Berlin, NJ Via email: mmccrink@mkmnjlaw.com Re: Michael John Higgins a/k/a Michael J. Higgins, deceased. Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al. Case number: CACE20017255 Dear Mr. McCrink, On November 13, 2020 (and then followed-up on November 17), I submitted to you a correspondence stating the following: “Tt would appear from my reading of your letter that you had not read my email sent to you at 2:04 P.M. when you drafied your letter. Our correspondences probably crossed in the typing pools. J must notify potential interested parties of the foreclosure litigation so that the potential interested parties can determine what they desire to do with reference to this foreclosure litigation. I cannot make this decision for the potential interested parties. However, if you will provide me promptly with the information outlined in my prior letter, I can then hopefully move forward rapidly with my duties as Ad Litem. It would appear to me that the property has a litile or no value to the Estate since the realtor advises, at the current listing price, there is currently no Buyer interest in this parcel and there is a substantial inventory in this building and Hilton has just increased its monthly fee, making the property even less desirable to purchase. Further, if the sale price is lowered, then there may be no net sale proceeds to the Estate after paying costs of the sale, including realtors commission. However, that is not my call. Especially, since I have no information regarding the Estate’s assets.” As of this date, I have not received any communication from you on this matter. As Court- Appointed Ad Litem, I must file a Response to the Plaintiffs Complaint no later than December 3, 2020.Therefore, your prompt response on this matter will be greatly appreciated. I will diary my calendar to follow up with you in the afternoon of Wednesday, November 25, 2020 if I have not heard from you in response to this correspondence. Should you have any questions, please do not hesitate to contact the undersigned. Sincerely, /s/ H.C. Palmer II, Esq. H.C. Palmer III, Esq. HCP/mrH.C. PALMER, IIT Attorney at Law P. O. Box 330232 Coconut Grove, FL 33233-0232 Telephone: (305) 445-2424 Facsimile: (305) 442-1446 Email: HarryPalmer@BellSouth.net November 30, 2020 Matthew R. McCrink, Esq. McCrink Kehler & MeCrink 475 Route 73 North West Berlin, NJ Via email: mmccrink@mkmnjlaw.com Re: Michael John Higgins a/k/a Michael J. Higgins, deceased. Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al. Case number: CACE20017255 Dear Mr. McCrink, Thave followed up with you on multiple occasions attempting to obtain the information sought in my original November 12, 2020 correspondence. That correspondence is self-explanatory and explains that I have a duty to notify all beneficiaries, and creditors of the foreclosure litigation so that they can make an informed decision as to whether they seek to remove the property from foreclosure and buy it from the Estate. The two most recent correspondences (dated November 25 & November 30) received from your Firm failed to provide me with the contact information for all of the known beneficiaries/heirs and devisees of the Estate, for all of the known creditors of the Estate, and for any and all of the known “GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF MICHAEL JOHN HIGGINS A/K/A MICHAEL J. HIGGINS, DECEASED.” Further, I previously requested you provide me with the following documents: 1. Petition For Administration (with Certificate Of Service). 2. All Statements of Claim filed against the Estate (with Certificate Of Service). As of this date, I have not received the above-mentioned documents. Additionally, I hereby request you also provide me with the following documents: 3. All Formal Notices issued relating to the Estate Administration (with Certificate Of Service).4. All Objections/Responses to Statements of Claim filed against the Estate (with Certificate Of Service). I will diary my calendar to follow up with you on Wednesday, December 3, 2020 afternoon if I have not heard from you in response to this correspondence. Should you have any questions, please do not hesitate to contact the undersigned. Sincerely, /s/ H.C. Palmer II, Esq. H.C. Palmer III, Esq. HCP/mrH. C. PALMER, III Attorney at Law P. O. Box 330232 Coconut Grove, FL 33233-0232 Telephone: (305) 445-2424 Facsimile: (305) 442-1446 Email: HarryPalmer@BellSouth.net FOLLOW-UP January 5, 2021 Matthew R. McCrink, Esq. McCrink Kehler & McCrink 475 Route 73 North West Berlin, NJ Via email: mmccrink@mkmnjlaw.com Re: Michael John Higgins a/k/a Michael J. Higgins, deceased. Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al. Case number: CACE20017255 Dear Mr. McCrink, On November 30, 2020, I sent you correspondence stating the following: “I have followed up with you on multiple occasions attempting to obtain the information sought in my original November 12, 2020 correspondence. That correspondence is self-explanatory and explains that I have a duty to notify all beneficiaries, and creditors of the foreclosure litigation so that they can make an informed decision as to whether they seek to remove the property from foreclosure and buy it from the Estate. The two most recent correspondences (dated November 25 & November 30) received from your Firm failed to provide me with the contact information for all of the known beneficiaries/heirs and devisees of the Estate, for all of the known creditors of the Estate, and for any and all of the known “GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF MICHAEL JOHN HIGGINS A/K/A MICHAEL J. HIGGINS, DECEASED.” Further, I previously requested you provide me with the following documents: 1. Petition For Administration (with Certificate Of Service). 2. All Statements of Claim filed against the Estate (with Certificate Of Service). As of this date, I have not received the above-mentioned documents. Additionally, I hereby request you also provide me with the following documents:3. All Formal Notices issued relating to the Estate Administration (with Certificate Of Service). 4. All Objections/Responses to Statements of Claim filed against the Estate (with Certificate Of Service).” As of this date, I have not received the requested information or documentation. As I explained before, I have a duty to notify all beneficiaries, and creditors of the foreclosure litigation so that they can make an informed decision as to whether they seek to remove the property from foreclosure and buy it from the Estate. I hereby again request that you provide me with the quoted information/documentation herein so that I can move forward on this matter. I will diary my calendar to follow up with you on Thursday, January 7, 2021 at noon if I have not heard from you in response to this correspondence. Should you have any questions, please do not hesitate to contact the undersigned. Sincerely, /s/ H.C. Palmer LIl, Esq. H.C. Palmer III, Esq. HCP/mrMatthew McCrink RE: Michael John Higgins a/k/a Michael J. Higgins, deceased. Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al. Case number: CACE20017255 November 12, 2020 al 3:03 PM Harry Palmer Mr. Palmer, | represent the Higgins estate in New jersey. | suggested to the executor that we tender a deed in lieu of foreclosure to avoid costs and delays. If that is agreeable to the lender let me know, as the estate has minimal resources and cannot afford to incur any costs or bills. | do not know if there would be a deficiency here but we would ask the lender to waive any such claim in return for our expediting the process. Please let me know so | can advise the executrix. Matt McCrink (MCCRINK KEHLER AND MCCRINk) From: Harry Palmer Sent: Thursday, November 12, 2020 2:05 PM To: Matthew McCrink Subject: Re: Michael John Higgins a/k/a Michael J. Higgins, deceased. Grove Bank & Trust v. Gallery One Condominium Association, Inc., et al. Case number: CACE20017255 Good afternoon, Please see attached. Sincerely, Marian Rodriguez, Legal Assistant H.C. Palmer Ill, Esq. H.C. Palmer Ill, PA. P.O. Box 330232 Miami, FL 33233 P: 305-445-2424 F: 305-442-1446 E: harrypalmer @bellsouth.net ***CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain confidential information for the use of the designated recipients. If you are not the intended recipient, (or authorized to receive for the recipient) you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please destroy all copies of this communication and any attachments and contact the sender by reply e-mail or telephone.***McCRINK, KEHLER & McCRINK ATTORNEYS AT LAW MATTHEW R. McCRINK McCRINK, KEHLER & McCRINK LAW BUILDING TELEPHONE DANIEL R, KEHLER (ret) 475 ROUTE 73 NORTH (856) 768-0033 KRISDEN M. McCRINK + WEST BERLIN, NEW JERSEY 08091-2003 FACSIMILE a ‘Website: www: mkmnjlaw.com (856) 768-8844 RACHEL B. COSTELLO JANA. BALLARD + CASSANDRA A. STEVENSON: E-mail: estevenson@mkmnjlaw.com aanene 4 Admitted in NJ & PA JOSEPH F. FABIAN of Counsel November 25, 2020 Via E-mail: HarryPalmer@BellSouth.net Harry C. Palmer, IIT Attorney at Law P.O. Box 330232 Coconut Grove, FL 33233-0232 Re: Estate of Michael Higgins aka Michael J. Higgins, deceased. Grove Bank & Trust v. Gallery One Condominium Association, Inc. et.al. Case number: CACE20017255 Dear Mr. Palmer: Please be advised by way of this letter of my representation of the Estate of Michael Higgins. I have met with the Executor and have conducted an analysis of the Estate’s financial condition and give you the following report. The Florida condominium located at 2670 E. Sunrise Blvd., Unit 1411, Fort Lauderdale, FL 33304, was at one time worth approximately $160,000.00. In February 2020, the Estate of Michael J. Higgins owed Plaintiff the principal sum of $161,929.15, together with interest. This property is now “under water”. As attorneys for the estate, the executor has advised us not to defend against the foreclosure action and has agreed to accept a deed in lieu thereof. We are also forwarding a copy of this letter directly to Plaintiff's attorneys, Jeffrey C. Roth at Roth & Scholl, 866 Dixie Highway, Coral Gables, Florida 33146. If you have any questions, please do not hesitate to call. Very Truly Yours, sneer (WR. McCRINK cc: Christine Frasetto, Executrix Jeffrey C. Roth, Esq.McCRINK, KEHLER & McCRINK ATTORNEYS AT LAW MATTHEW R. McCRINK ‘MoCRINK, KEHLER & McCRINK LAW BUILDING TELEPHONE DANIEL R. KEHLER (1940-2020) 475 ROUTE 73 NORTH (@56) 768-0033 KRISDEN M. McCRINK + WEST BERLIN, NEW JERSEY 08091-2003 FACSIMILE we ‘Website: www.mkmnjlaw.com (B56) 768-8844 ‘CASSANDRA A. STEVENSON Evmail: cstevenson@mkmnitaw.com _