Loading...
Agenda 03/11/2025 Item #16D 4 (Resolution to accept a distribution from a trust for use by the Naples Regional Library)3/11/2025 Item # 16.D.4 ID# 2025-625 Executive Summary Recommendation to approve a Resolution to 1) accept the distribution of funds from the Coyeen R. Lawton Estate and Lawton Family Trust Agreement dated 12/28/99, for use by the Naples Regional Library; 2) authorize the County Manager or designee to execute all documents required to accept a future distribution from the Estate and take all actions necessary to accept any such future distributions; and 3) approve any future necessary Budget Amendments. OBJECTIVE: To accept a distribution from a trust for use by the Naples Regional Library. CONSIDERATIONS: Wilson & Johnson Attorneys at Law, has informed the Naples Central (Regional) Library that it has a beneficial interest in the Coyeen R. Lawton Estate and Lawton Family Trust Agreement dated 12/28/99 (the “Estate”). The administration of the Estate is currently pending in the Circuit Court of Lee County, Florida, Probate Division. As a result, the exact amount of the beneficial interest has not yet been calculated by the courts. Wilson & Johnson Attorneys at Law will provide updates as the estate and trust administration progresses, as well as the exact amount of the distribution, once determined by the court. Fees for legal services, as well as other administrative fees, will be deducted from the Library’s share of the Estate, as is customary in such cases. Wilson & Johnson Attorneys at Law, on behalf of the Estate, has requested that the County provide certain documents in order to process and accept the distribution, including but not limited to, Receipt of Notice of Administration, Receipt of Notice by Trustee, and Request for Taxpayer Identification Number and Certificate (IRS Form W-9). Additional documents may be required in the future. If the Board approves this item, the County Manager or designee will be given authority to take all actions necessary for the Library to receive distribution(s) without further Board action. This authority applies to the initial distribution and any potential future distributions. Staff has prepared a resolution accepting and directing the transfer of funds and authorizing the County Manager or designee to execute all documents required to process and otherwise accept any distribution by the Estate. This item is consistent with the Quality of Place objective of Collier County’s Strategic Plan through the preservation and enhancement of the character of our community Additionally, this item is consistent with the objective to provide quality public amenities. FISCAL IMPACT: At this point, the value of the trust is being evaluated. The distribution of monies will be determined upon the settlement of the Coyeen R. Lawton Estate and Trust, and appropriated through budget amendments within the Library Donation-Project Fund (1810). There is no requirement for a County match. GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with this item LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - SAA RECOMMENDATIONS: That the Board approve a Resolution to 1) accept the distribution of funds from the Coyeen R. Lawton Estate and Lawton Family Trust Agreement dated 12/28/99, for use by the Naples Regional Library; 2) authorize the County Manager or designee to execute all documents required to accept a future distribution from the Estate and take all actions necessary to accept any such future distributions; and 3) approve any future necessary Budget Amendments. PREPARED BY: Tanya Williams ATTACHMENTS: 1. Cover Letter_Wilson & Johnson Page 2694 of 4027 3/11/2025 Item # 16.D.4 ID# 2025-625 2. Proposed Resolution 2025 - Lawton Trust 01.31.2025_CAO 3. Notice by Trustee_CAO (2) 4. Notice of Administration_CAO (2) Page 2695 of 4027 WrrsoN louNsoN ATTORNEYS A'I- I A\T' 2.t!5 TAI\!rAMr TnAll. N.. lt'lTt lr r IiAPLES. . lrr0i TEt (2!9t 116 t5O0 tAI (!-t9t a.16-15.15\- Kyle C. Bacchus, Esq. Direct nwa ber : 2 39-4 3 6- I 50 I kylecbacchns@stapIesestatelat.com Decerrrber 11 , 2024 VIA CERTIFIED MAIL Naples Centr,rl Library c/o Headquarters Library Attn: Karen'l'ibbetts 2385 Orange Blossom Drive Naples. FL 34109 RE: Estate and Trust ofCoyeen R. Iawton Dear Ms. Tibbetts: Our firm rcpresents George A. Wilson as Personal Representative ofthe Estate ofCoyeen R. Lawton, as well as Trustee of the Lawton Family Trust Agreement dated December 28,1999, as amended ('rhe Trust"). Naples Central Library is a qualified beneficiary under the terms of the Trust, which has become irrevocable as a result of Ms. Lawton's death. The purpose ofthis letter is to provide you with documentation and information regarding the c iate end trust administration. As part ofthe trust administration process, and as required by Florida law, enclosed is the Notice by Trustee under Sections 736.0604 and 736.0813 of the Florida Statuies ("the Notice"), being provided to ycu as a qualified beneficiary of the Trust. Although the Trustee is not required to provide you with a complete copy of the Trust, unless you request it in writing, vre cre nonetheless providing you with a complete copy of the Trust, as stated in the Notice. Also enclosed is a copy ofa Notice of Administration, which is required to be served upon you as a beneficiary of the Trust. The purpose of the Notice of Administration ('Notice") is to notiry you ofthe probate administration, the named personal representative ofthe estate, the will, venue, and jurisdiction of the court. Ifyou have any objections to the foregoing, you must submit your objections to the court within the time required by iaw in the Notice. Lastly, we ask that you sign and date the enclosed Receipt of Notice by Trustee, and Receipt of Notice of Administration and retum them to our office in the envelope provided for your convenience. Also enclosed is a Depanment of Treasury Form W-9. Please complete and retum this form to us- \! lLt.s. 'l'Rt'\ I s .\ ti t) fs t.\l t,.. \l) \t tN tsTtATto\\ \l\{\r"NAl, I tsf:s1'a'Jt l.A\!.(()lil Page 2696 of 4027 Deccmber I l, 2024 Page 2 We will continue to be in touch as the administration of the Estate and Trust continues. If you should have any questions in the meantime, please do not hesitate to contact me. Sincerely. WILSON & JOFINSON P.A. %c*L Kyhd. Bacchus, Esq. FOR THE FIRM KCB/smh Enclosules as stated Page 2697 of 4027 Page 2698 of 4027 Page 2699 of 4027 Page 2700 of 4027 Page 2701 of 4027 Page 2702 of 4027 Page 2703 of 4027