[System]
You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant.

The questions should follow the format and style of this example response to a car accident complaint:
1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.
2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.
3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.
4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.
5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.

Be specific, detailed and relevant to the complaint's allegations. Avoid generic requests for "all documents" or "all evidence". Each question should request specific items, time periods, or information directly related to the complaint's claims.

[User] IN THE CIRCUIT COURT OF THE 15[TH] JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MONIQUE SHOREY-FOLEY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GAIL S. SHOREY, Plaintiff, v. JOHN EDGAR SMITH, JR. Defendant. __________________________________________________/ **COMPLAINT AND PETITION FOR DECLARATORY RELIEF** Plaintiff, MONIQUE SHOREY-FOLEY (“Plaintiff”), as personal representative of the estate of Gail S. Shorey (“Decedent”), by and through her undersigned counsel, hereby brings this suit against JOHN EDGAR SMITH, JR. (“Defendant”) and allege as follows: **JURISDICTION AND VENUE** Plaintiff has filed this action for damages exceeding $50, 000. 00 for Exploitation of a Vulnerable under Fla. Stat. § 415. 1111 and conversion, and for equitable relief, including for Quiet Title under Florida Statutes, Chapter 65, and declaratory relief under Florida’s Declaratory Judgment Act, Chapter 86. Plaintiff is an individual over the age of 18, sui juris, and is the personal representative of the estate of Decedent (the “Estate”), pursuant to Letters of Administration issued on May 21, 2023, in the probate matter 50-2023-CP-002565 XXXX-MB. Defendant is an individual over the age of 18, sui juris, and a resident of Palm Beach County, Florida. ``` 1 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- This litigation involves the Decedent’s real property located at 107 Lake Anne Dr, West Palm Beach, FL 33411: Private Dwelling No. 107, GOLDEN LAKES VILLAGE CONDOMINIUM THIRTEEN “C”, A CONDOMINIUM, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof recorded in Official Records Book 3567, Page(s) 1748, as amended from time to time, of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 00-42-43-28-23-000-1070 (hereinafter, the “Property”). This Court also has jurisdiction over this action pursuant to Fla. Sta. § 26. 012. All conditions precedent to bringing this action have been satisfied or waived. **GENERAL ALLEGATIONS** The Decedent died on May 7, 2023, at the age of 72, and was a resident of Palm Beach County, Florida at the time of her death. In the months leading up to her death, the Decedent was terminally ill and suffered from medical conditions that dramatically impaired both her physical and cognitive functioning. The Decedent was also taking numerous prescription medications that further impaired her cognition. Eventually, the Decedent began receiving in-home hospice care, on April 14, 2023, for end of life care due to her failing health from her terminal illness. During the time when the wrongful acts of the Defendant, as set forth herein, were perpetrated, the Decedent was mostly bedbound, very weak, had stopped eating, and was experiencing drowsiness, forgetfulness, and confusion. ``` 2 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- The Decedent had four children: Nicole Whitlock, Kimberly McKay, Michael Shorey (stepson), and the Plaintiff, none of whom live in South Florida. Defendant was the Decedent’s brother and is Plaintiff’s uncle. Defendant had a confidential, fiduciary relationship with the Decedent, as the Decedent relied upon the Defendant to act in the Decedent’s behalf and guarantee her best interests, as described more fully herein, and Defendant accepted that undertaking. Defendant lives in Palm Beach Florida, a short distance from the Decedent’s home, i. e. , the Property. Defendant had a key to the Decedent’s Property. During the final months of the Decedent’s life, the Defendant controlled access to the Property and the Decedent, including when the Decedent was receiving in home hospice care. When Defendant’s actions described herein took place, there existed significant mental inequality between Defendant and the Decedent. In the months leading up to the Decedent’s death, Defendant took advantage of the Decedent’s weakened physical and mental state to exert control over the Decedent. The Decedent purchased the Property in 2018 as the sole owner, pursuant to a Warranty Deed (“Valid Deed”). A true and correct copy of the Valid Deed is attached hereto as Exhibit “1. ” On April 21, 2023, after the Decedent was receiving end-of-life hospice care and about two weeks prior to her death, Defendant coerced the Decedent into signing a Quit Claim Deed (“Fraudulent Deed”) that purports to grant only a life estate to the ``` 3 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- Decedent with the final remainder interest in the Property going to Defendant upon the Decedent’s death. A true and correct copy of the Fraudulent Deed, is attached hereto as **Exhibit “2. ”** Upon information and belief, the Defendant had knowledge of the contents of the Fraudulent Deed before it was executed, recommended the attorney that drafted the Fraudulent Deed, gave instructions for the preparation of the Fraudulent Deed, secured witnesses for the Fraudulent Deed, and retained the Fraudulent Deed after it was executed. Defendant’s wife, Marie Miclaus-Smith, served as a witness to the execution of the Fraudulent Deed. Defendant waited to record the Fraudulent Deed until it was clear that the Decedent’s death was imminent. The Fraudulent Deed was recorded on May 5, 2023, two days prior to Decedent’s death. At the time the Fraudulent Deed was executed, the Decedent lacked the requisite mental capacity to execute the Fraudulent Deed. Alternatively, if the Decedent technically had capacity to execute a deed, Defendant took advantage of Decedent’s diminished capacity to exert undue influence over the Decedent, in order to procure the Fraudulent Deed, such that the Fraudulent Deed is the product of Defendant’s mind and will, and not the Decedent’s. During her life, the Decedent had repeatedly expressed her desire for her children to inherit the Property. But for the Fraudulent Deed, the Valid Deed would have conveyed the Property to the Estate upon Decedent’s death, and the Property would have been devised ``` 4 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- to Decedent’s four children per her Last Will and Testament UAD March 18, 2002 (“Will”), which has been filed with the Court and an Order admitted the Will to probate was entered on May 21, 2023. A true and correct copy of the Will is attached hereto as Exhibit “3. ” Prior to her death, the Decedent asked Defendant to safekeep her jewelry, including her 18 karat Rolex watch with diamonds, so none of the hospice staff would steal it and it could be inherited by the Decedent’s children. After the Decedent died, Plaintiff asked Defendant to return the Decedent’s jewelry to the Estate. After initially claiming that the Decedent had gifted the jewelry to Defendant and/or his family, Defendant reluctantly turned over the jewelry, except for the Rolex watch, which upon information and belief, is still in the possession of, or has been sold by, Defendant. Defendant is also currently exercising wrongful control and dominion over the Decedent’s other tangible personal property that is located in the Property. The Rolex and the Decedent’s other tangible personal property rightfully belong to the Estate and, pursuant to the Decedent’s express wishes during her life, including as memorialized in her Will, are to go to her children. However, that has not occurred, because Defendant is currently in wrongful possession of the Rolex watch, as well as the other tangible personal property located in the Property, or the sales proceeds of same. Defendant also caused the Decedent, through incapacity and/or undue influence, to sign over the Decedent’s car to the Defendant, thereby depriving the Decedent and her Estate of the automobile. ``` 5 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- Plaintiff has been required to obtain the services of the undersigned attorneys to represent the Estate in this cause and has incurred and will incur expenses for legal fees and costs. **COUNT I -EXPLOITATION OF A VULNERABLE ADULT UNDER CHAPTER** **415, FLORIDA STATUTES** The allegations contained in paragraphs 1 through 37 are reincorporated and realleged herein. Defendant’s actions constitute exploitation of an elderly person or disabled adult under Chapter 415, Florida Statutes, and this count is being asserted under Fla. Stat. § 415. 1111. The Decedent qualifies as a “vulnerable adult, ” as defined in Fla. Stat. § 415. 102(28): “a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. ” Plaintiff is bringing this action as the personal representative of the Estate, in accordance with Fla. Stat. § 415. 1111. Defendant qualifies as a “caregiver, ” as defined in Fla. Stat. § 415. 102(5): a person who has been entrusted with or has assumed the responsibility for frequent and regular care of or services to a vulnerable adult on a temporary or permanent basis and who has a commitment, agreement, or understanding with that person. .. that a caregiver role exists. ” Defendant stood in a position of trust and confidence with the Decedent. Defendant knowingly, by deception or intimidation, obtained, used, and/or endeavored to obtain or use the Decedent’s funds, assets, and/or property with ``` 6 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- the intent to temporarily or permanently deprive the Decedent of the use, benefit, or possession of the funds, assets, and/or property for the benefit of someone other than Decedent. Defendant had a fiduciary relationship with the Decedent, and owed her fiduciary duties implied by law, as a result of the trust and confidence that the Decedent reposed in Defendant, the Decedent’s reliance upon the Defendant to act for her and look out for her best interests, and the Defendant’s acceptance of that trust, confidence, and reliance. Defendant committed exploitation, as defined in Fla. Stat. § 415. 102, including by breaching the fiduciary relationship with the Decedent, which deprived the Decedent, and now deprives her Estate, of the use, benefit, and/or possession of the Decedent’s assets and property. Defendant’s exploitation of the Decedent includes, but is not limited to, wrongfully causing the Decedent to sign the Fraudulent Deed, through incapacity, undue influence, and/or trickery, thereby depriving the Decedent of her ownership interest in the Property and the choice of who to leave the Property to when she died, and, by extension, depriving the Decedent’s Estate of the Property. Damage sustained by the Estate, which stands in the shoes of the Decedent, includes lost rental income that the Property could have generated following the Decedent’s death. Defendant’s exploitation of the Decedent also includes wrongfully causing the Decedent to sign over title of her car to Defendant, through incapacity, undue influence, and/or other deception or trickery. ``` 7 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- Defendant’s exploitation of the Decedent includes stealing her Rolex watch and not returning it to the Estate following the Decedent’s death. Defendant knew, or should have known, that the Decedent lacked capacity to consent to the transfer of the Property or the Decedent’s automobile to Defendant, but the Defendant nevertheless obtained or used the Decedent’s assets and property, with the intent to permanently deprive the Decedent, and for the use of someone other than the Decedent. Defendant engaged in the unauthorized taking of the Decedent’s assets, in a manner that constitutes statutory exploitation of a vulnerable adult under Chapter 415, Florida Statutes. Defendant’s acts of exploitation and violations of Chapter 415, Florida Statutes, proximately caused damage to the Decedent and her Estate. WHEREFORE, Plaintiff demands judgment for damages (including lost rental income), costs, attorney’s fees pursuant to Chapter 415. 1111, Florida Statutes, interest, and such further relief as is deemed just and proper. **COUNT II - QUIET TITLE** The allegations contained in paragraphs 1 through 37 are reincorporated and realleged herein. This action is founded upon two written instruments, the Fraudulent Deed and the Valid Deed, and seeks to quiet title in favor of the Estate under the Valid Deed. Defendant purports to be the owner of the Property pursuant to the improperly procured Fraudulent Deed. Title to the Property should be quieted in favor of the Estate, as the Fraudulent Deed is void ab initio, because it was improperly procured through undue ``` 8 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- influence or trickery, is the product of incapacity, and/or was not validly signed, witnessed, and notarized. Defendant and the Decedent had a close, personal, and confidential relationship that Defendant took advantage of to procure the Fraudulent Deed. Two weeks prior to the Decedent’s death, Defendant took advantage of the Decedent’s weakened mental and physical state and/or lack of capacity and, through persuasion, pressure, duress, force, and/or coercion, destroyed the Decedent’s free agency and will power for Defendant’s own personal gain, and wrongfully caused the Decedent to execute the Fraudulent Deed. At the time the Fraudulent Deed was executed, the Decedent’s weakened physical and mental state made her highly susceptible to the will of others, and Defendant took advantage of this to obtain the Fraudulent Deed that conveyed him an ownership interest in the Property, and complete ownership of the Property upon the Decedent’s death. Defendant procured the witnesses to the Fraudulent Deed, one of the witnesses being his wife, either directly or through someone acting on his behalf. Defendant, or someone acting on his behalf, procured the notary for the Fraudulent Deed. Defendant, or someone acting on his behalf, selected the attorney who drafted the Fraudulent Deed. Defendant, or someone acting on his behalf, gave instructions to the attorney with regard to the drafting of the Fraudulent Deed. Defendant had knowledge of the contents of the Fraudulent Deed prior to its execution. ``` 9 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- Defendant, or someone acting on his behalf, retained the Fraudulent Deed after it was executed. The Fraudulent Deed is the result of undue influence and is void, as it is the product of Defendant’s mind and will, and not the Decedent’s. Additionally or alternatively, the Fraudulent Deed is invalid because the Decedent did not possess testamentary capacity to execute the Fraudulent Deed on April 21, 2023, as she was not mentally competent to understand the nature and extent of her assets, the natural objects of her bounty, and/or the effect of the Fraudulent Deed. The Fraudulent Deed is a dramatic departure from the Decedent’s previously and repeatedly expressed intent that her children inherit the Property. As a direct and proximate result of the undue influence of Defendant upon the Decedent, the Fraudulent Deed is void. The Valid Deed applies and therefore, the Property should pass through the Estate per the terms of the Will. WHEREFORE, Plaintiff requests that (1) the Fraudulent Deed purporting to convey the Property to Defendant be canceled and declared and adjudged void; (2) the Estate’s title to the Property be quieted against Defendant; (3) the Estate be adjudged the owner of the Property and entitled to its possession pursuant to the Valid Deed and the Decedent’s Last Will and Testament; (4) Defendant be adjudged to have no estate or interest whatever in or to the Property and be ordered to leave the Property if he is in possession of it; (5) Plaintiff be awarded costs; and (6) the Court provide such further relief as may be deemed just and proper. **COUNT III - DECLARATORY ACTION** ``` 10 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- The allegations contained in paragraphs 1 through 37 are reincorporated and realleged herein. Plaintiff/the Estate and Defendant have a bona fide, actual, present, and practical need for a declaration as to their rights relating to the Property, the Fraudulent Deed, the Valid Deed, and the Decedent’s tangible personal property. The rights of Plaintiff/the Estate and Defendant depend upon a present and ascertainable state of facts, and there is a present controversy as to the state of facts and the law applicable to those facts. Plaintiff/the Estate and Defendant have an actual, present, adverse, and antagonistic interest with regard to the Property, the Fraudulent Deed, the Valid Deed, the Decedent’s automobile, the Decedent’s Rolex watch, and the Decedent’s tangible personal property located in the Property. The antagonistic and adverse interests are all before the Court by proper process. The relief sought herein is not merely the giving of legal advice by the courts. WHEREFORE, Plaintiff requests declarations that: a. The Fraudulent Deed is invalid and void; b. The Fraudulent Deed is void ab initio; c. The Valid Deed is valid and controlling as to rightful title to the Property; d. Defendant has no legal or equitable interest in the Property; e. The Property is an asset of the Estate; ``` 11 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- f. The Estate has the right to rental income from the Property, including any prior rental income collected by Defendant; g. The Decedent’s automobile, or the sale proceeds from the automobile, rightfully belong to the Estate; h. The Decedent’s Rolex watch, or the sales proceeds from same, is wrongfully in the possession of the Defendant, and the Estate is the rightful owner, and entitled to possession, of same; i. The Decedent’s tangible personal property in the Property, or the sales proceeds from same, are wrongfully in the possession of the Defendant, and the Estate is the rightful owner, and entitled to possession, of same; and j. Plaintiff further requests an award of costs, and all such further relief as is deemed just and proper. **COUNT IV - CONVERSION** The allegations contained in paragraphs 1 through 37 are reincorporated and realleged herein. Defendant is in the wrongful possession of the Decedent’s Rolex watch with diamonds, the Decedent’s automobile, and the Decedent’s tangible personal property located in the Property (collectively, “Stolen Property”). The Decedent was the rightful owner of the Stolen Property at the time of her death. The Decedent’s Estate is rightfully entitled to the Stolen Property. A demand has been made to Defendant for return of the Stolen Property, but the demand went unheeded. ``` 12 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- Defendant has refused and/or failed to return the Stolen Property. Defendant has asserted and continues to assert wrongful acts of dominion or authority over the Stolen Property, and as a result, the Estate has been damaged. WHEREFORE, Plaintiff demands judgment for return of the Rolex, the automobile, and the Decedent’s other tangible personal property, or damages in the form of the sales proceeds should any of it have been sold, interest, costs, and such further relief as is deemed just and proper. **DEMAND FOR JURY TRIAL** Plaintiff hereby demands trial by jury on all issues triable as of right by a jury. Respectfully submitted on this 4[th] day of August, 2023 by: CHEPENIK TRUSHIN LLP _Attorneys for Plaintiff_ 12550 Biscayne Blvd. , Suite 805 North Miami, FL 33181 Tele: (305) 981-8889 Fax: (305) 405-7979 /s/ Daniel F. Bachman _________________________________ Daniel F. Bachman, Esq. Florida Bar No. : 97786 Primary e-mail: dbachman@ctllp. com Secondary e-mail: phoskin@ctllp. com Glenn Marks, Esq. Florida Bar No. : 1024809 Primary e-mail: gmarks@ctllp. com Secondary e-mail: service@ctllp. com ``` 13 ``` CHEPENIK|TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 Miami, Florida 33181 Tel 305. 981. 8889 eFax 305. 405. 7979 www. ctllp. com ----- ## Exhibit 1 ----- ----- ----- ----- ## Exhibit 2 ----- ----- ## Exhibit 3 ----- ----- ----- ----- -----

[Assistant] IN THE CIRCUIT COURT OF THE 15[TH] JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MONIQUE SHOREY-FOLEY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GAIL S. SHOREY, Plaintiff, v. JOHN EDGAR SMITH, JR. Defendant. __________________________________________________/ **PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT** Plaintiff, MONIQUE SHOREY-FOLEY, as personal representative of the Estate of Gail S. Shorey (“Plaintiff”), by and through undersigned counsel, pursuant to Florida Rule of Civil Procedure 1. 350, hereby serves Plaintiff’s First Request for Production to Defendant, JOHN EDGAR SMITH, JR. (“Defendant”), and states: **INSTRUCTIONS** In producing documents requested herein, please produce documents in full, without abridgement, abbreviation or expurgation of any part. With respect to all documents requested, please segregate such documents in accordance with the numbered and lettered paragraphs and subparagraphs herein. If a document is called for under more than one request, it should be produced in response to the first request and a notice appended to it stating the other request(s) to which it is claimed that such document is responsive. If copies or drafts exist of documents, the production of which has been requested herein, please produce and submit for inspection and copying each and every copy and draft which differs in any way from the original document or from any other copy or draft. If a document is not produced on the basis of a claim of privilege or statutory authority, please identify the type of document and reason for not producing same by stating with respect to such document: a) its author(s), 1 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 x Miami, Florida 33181 x Tel 305. 981. 8889 x eFax 305. 405. 7979 www. ctllp. com ----- b) addressee(s), c), d) type of document, e) subject matter, f) number of pages, g) number of attachments or appendices, h) all persons to whom shown or explained, i) the present custodian, and j) the factual or legal basis for the claimed privilege or specific statutory authority which provides the claimed basis for non-production. If any document(s) requested herein have been destroyed, or otherwise disposed of, please identify such document by: author(s), addressee(s), , type of document, subject matter, number of pages, number of attachments or appendices, indicated or blind copies, all person(s) to whom distributed, shown or explained, of destruction or other disposition, reason for destruction or other disposition, person(s) authorizing destruction or other disposition, person(s) destroying or otherwise disposing of document, and if not destroyed, the person(s) in possession of the document otherwise disposed of. In compiling documents requested herein, You are required by Florida Rules of Civil Procedure to exercise due diligence in attempting to secure documents requested herein that are not only in Your custody and possession, but also documents that are within Your control. A document is deemed to be in Your “control” if You have the right to secure the document or a copy thereof from another person or public or private entity having actual possession thereof. If any documents requested herein have been placed beyond Your control (a document is deemed to be in Your control if You have the right to secure the document or a copy thereof from another person or public or private entity having actual possession thereof), identify the person(s) or entities with possession or custody, and why. If any documents requested herein are no longer in Your possession or custody, state what disposition was made of it, by whom, and theors or approximateors on which such disposition was made, and why. **LITIGATION HOLD NOTICE AND DUTY TO PRESERVE SOCIAL MEDIA** **INFORMATION AND OTHER ELECTRONICALLY** **STORED** **INFORMATION** Consider Yourself to hereby be on notice that You and Your attorney have a joint obligation to immediately protect and preserve potentially relevant electronically stored information (“ESI”), documents, and tangible things, which in any way relate to this litigation. 2 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 x Miami, Florida 33181 x Tel 305. 981. 8889 x eFax 305. 405. 7979 www. ctllp. com ----- With respect to electronic information, ESI includes all information which is electronically, magnetically, or optically stored on a computer, voice mail, cellphone, and/or on any portable storage such as CD, DVD, thumb drive, etc. It would include (by way of example, and not as an exclusive list) emails, as well as word processing documents, spreadsheets, online access data (e. g. Temporary Internet Files, History, Cookies), back-up, and archival files. All ESI should be maintained in the forms in which it is ordinarily maintained (i. e. such data should be preserved in its native format). Your duty to preserve this evidence extends to current and former computers and other media devices (including personal digital assistants; voice-messaging systems; online repositories; portable devices and media, such as zip drives, thumb drives, and CDs or floppy disks; and cell phones). If information exists in both electronic and paper forms, both forms must be preserved. Data residing on social media platforms is subject to the same duty to preserve as other types of ESI. Your duty to preserve is triggered when You reasonably foresee that evidence may be relevant to issues in this litigation. All evidence in Your “possession, custody, or control” is subject to the duty to preserve. Evidence generally is considered to be within a party’s “control” when the party has the legal authority or practical ability to access it. Based on the above, You are additionally notified that adequate preservation of ESI requires more than simply refraining from efforts to destroy or dispose of such evidence. You must also take steps to prevent loss of ESI due to routine operations and must employ proper techniques and protocols suitable to the protection of ESI. For example, Facebook offers the ability to “Download Your Info. ” With just one click of the mouse, You can download a zip file containing timeline information, posts, messages, and photos. Twitter users can download all Tweets posted to an account by requesting a copy of the user’s Twitter “archive. ” The foregoing are but two examples of steps You must take in order to preserve ESI, and by no means constitute the full extent of Your obligation to preserve social media ESI and ESI generally. Although these self-help methods can be an excellent start, they do not address all possible data. Therefore, it may be prudent to employ the assistance of a third-party vendor in order to ensure complete preservation. Regardless of the method employed, preservation of social media evidence and other ESI is critically important and the consequences of failing to preserve can be significant. Both You and Your counsel may be subject to sanctions for a failure to preserve relevant evidence, should a court determine that You engaged in spoliation of such evidence. Even if You believe certain discovery requests to which ESI would be responsive are objectionable, Your failure to preserve such ESI prior to a court ruling on Your objections may subject You and Your counsel to sanctions. Therefore, You would be well advised to take measures to preserve all ESI pending the resolution of this litigation, and we urge You to engage the services of an expert in electronic evidence and 3 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 x Miami, Florida 33181 x Tel 305. 981. 8889 x eFax 305. 405. 7979 www. ctllp. com ----- computer forensics to ensure that there is no spoliation of evidence. Having been explicitly put on notice of the desirability of retaining such an expert, Your failure to do so in conjunction with the loss or destruction of ESI will necessitate the conclusion that such loss or destruction was Your intent. **DEFINITIONS** "Document(s)" or "written communication(s)" as used in this Request for Production are used in the broad and liberal sense and means written, typed, printed, recorded or graphic matter, however produced or reproduced, including electronic data, of any kind and description, and whether an original, master, duplicate or copy, including, but not limited to, accounts, advertisements, agreements, appointment books, bank checks, bills, books, books of account, bulletins, cablegrams, cancelled checks, cashier's checks, catalogs, charts, check stubs, communications, computer printouts, contracts, corporate records, correspondence, desk calendars, diaries, diary entries, drawings, e-mail, graphic records, guarantees, inter-office communications, intra-office communications, invoices, ledger books, letters, logs, mailgrams, magazines, manuals, marginal notes (appearing on any document), memoranda, minutes (e. g. , board of directors, committee), models, motion pictures, notations, notebooks, notes, offers, pamphlets, papers, photographs, physical objects, plans, printed matter, projections, prospectuses, publications, receipts, reports, returns, sketches, sound recordings (including, by way of example, any type of personal or telephone conversation, meeting or conference) specifications, statements, statistics, studies, summaries, surveys, tape recordings, tapes, telegrams, tele-faxes, teletypes, transcriptions (including, by way of example, any type of personal or telephone conversation, meeting or conference), transcripts, video tapes, vouchers, warranties, working papers, worksheets; and all amendments, changes, drafts, modifications of any of the foregoing, of which You have knowledge or which are now or were formerly in Your actual or constructive possession, custody or control. The responses concerning documents requested shall include information regarding whether such document is an original, a duplicate, or a copy thereof. "Electronic data" as used in this Request for Production means computerized files and any non-identical copies (whether non-identical because of notes made on copies or attached comments, annotations, marks, transmission notations, or highlighting of any kind) of writings of every kind and description whether inscribed by mechanical, facsimile, electronic, magnetic, digital, or other means. Electronic data includes, but is not limited to output resulting from the use of any software program, including word processing programs such as Microsoft Word, WordPerfect, Notepad, Wordpad, PowerPoint, MS Excel, MS Access, Adobe Acrobat, Outlook, spreadsheets, database files (including descriptive information regarding tables, fields and values), charts, graphs and outlines, electronic mail, photographs, pictures, and any and all miscellaneous files and/or file fragments, regardless of the media on which they reside and regardless of whether said electronic data consists in an active file, deleted file or file fragment. Electronic data includes any and all items stored on computer memories, hard-disks, floppy disks, CD-ROMs, DVDs, removable media such as Zip disks, thumb drives, digital memory cards and their equivalent, magnetic tapes of all types, on or in any other vehicle for digital data storage and/or transmittal. The term electronic data 4 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 x Miami, Florida 33181 x Tel 305. 981. 8889 x eFax 305. 405. 7979 www. ctllp. com ----- also includes the file, folder tabs and/or containers and labels appended to, or associated with, any physical storage device associated with each original and/or copy. "Computer" as used in this Request for Production shall include, but is not limited to, microchips, personal computers, laptop computers, portable computers, notebook computers, palmtop computers (also known as personal digital assistants or PDA’s), minicomputers, mainframe computers, and all other electronic storage devices that store electronic data. "Concern, " "concerning, " "evidencing, " "regard, " "regarding, " "reflecting, " "relates, " “relating to, ” "relates to, " “pertain, ” or “pertains to” as used in this Request for Production shall mean relating to, referring to, connected with, commenting on, responding to, containing, evidencing, memorializing, describing, analyzing, comprising, constituting, reflecting, discussing, showing, supporting, contradicting, refuting, embodying, identifying, pertaining, or in any way logically or factually connected with the matter discussed. “Decedent” means Gail S. Shorey, the decedent referenced in the Estate of Gail S. Shorey, Case. No. 50-2023-CP-002565 in the Probate Division of the 15[th] Judicial Circuit, Palm Beach County, Florida. If an individual, "You" and "Your" as used in this Request for Production shall refer to and include yourself, together with your employees, agents, attorneys, experts, investigators, representatives and all others, whether past or present, who have obtained information for or on behalf of You. If a corporation or other business entity, "You" and "Your" as used in this Request for Production shall refer to corporation or business entity, together with the corporation or business entity’s affiliates and subsidiaries, employees, agents, associates, attorneys, directors, employees, experts, independent contractors, representatives, servants, and all others, whether past or present, who have obtained information for or on behalf of the corporation. The words "and" and "or" shall be construed conjunctively and disjunctively as necessary to make the request inclusive rather than exclusive. "Identify, " or "state the identity of": (a) When used in reference to a natural person means to please state: i. His/her full name; ii. Present or last known business and residence address; iii. His/her present or last known occupation and position; iv. His/her present or last known employer or business affiliation; v. His/her occupation or position at the time in question specified in the particular request. (b) When used in reference to a "document" means to please state: 5 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 x Miami, Florida 33181 x Tel 305. 981. 8889 x eFax 305. 405. 7979 www. ctllp. com ----- i. A description of the type of document (e. g. , letter, memorandum, telegram, etc. ); ii. The identity of the person or persons who authored or prepared it; iii. In the case of an agreement or contract, the identity of the parties' signatory; iv. The identity of the addressee(s), if any, and the recipient(s) of the original and a copy thereof; v. The title thereof, if any, and a description of the general nature of its subject matter; vi. Theof the document, or, if none, the approximateof its preparation; vii. The manner of distribution and publication, if any; viii. The present location or custodian of the original and each copy thereof; ix. The identity of any persons who can identify it; x. Whether such documents contained, enclosed, were attached to or accompanied by any other documents, and if so, state the identity thereof; xi. If a privilege is claimed, the specific basis therefore. (c) In lieu of identifying a particular document when such identification is requested, a copy of such document may, at Your option, be attached to the response to these requests; provided that any specific information required pursuant to the foregoing definition which is not fully set forth on the face of such copy of a document must be separately provided in response to these requests. “Person" as used in this Request for Production shall mean any natural person, firm, corporation, partnership, joint venture or any other form of business entity. “All” as used in this Request for Production means "any and all"; "any" means "any and all; " "Including" means "including but not limited to. ” Masculine pronouns shall not connote any particular gender but shall be taken to mean masculine, feminine or neuter gender, as the case may be, in this Request for Production. “” as used in this Request for Production shall mean the exact day, month, and year, if ascertainable, or, if not, the best approximation thereof (including relationship to other events) but only when, exactcannot be supplied. Any approximation should be identified as such. “Agent” as used in this Request for Production shall include any person or company employed, designated, and/or contracted by Defendant to perform any job or task on Defendant’s behalf as it relates to this lawsuit. “Petition” as used in this Request for Production shall mean the Petition filed in this case, as styled above, or if any subsequent amended petitions have 6 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 x Miami, Florida 33181 x Tel 305. 981. 8889 x eFax 305. 405. 7979 www. ctllp. com ----- been filed, "Petition" shall refer to the last amended petition filed in this case, unless it is otherwise specified in a particular request that “Petition” shall include all petitions filed in this case. “Defendant, ” “You, ” “Your, ” and “Yourself, ” as used in this Request for Production, shall mean John Edgar Smith, Jr. , individually, and, where applicable, any employees, independent contractors, representatives, or agents acting on Defendant’s behalf. "The subject matter of this lawsuit, " as used herein, shall refer to all facts and issues as set forth in the pleadings, including the Petition, any amendments thereto, and any responses thereto, in Adversary “Property” shall refer to the property located at 107 Lake Anne Drive, West Palm Beach, Florida 33411. “of Death” shall refer to Gail S. Shorey’s death on May 7, 2023. 7 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 x Miami, Florida 33181 x Tel 305. 981. 8889 x eFax 305. 405. 7979 www. ctllp. com ----- **REQUESTS FOR PRODUCTION** **These Requests seek not just documents and tangible items within** **Defendant’s immediate possession, but also those that are within Defendant’s** **custody, Defendant’s control, or reasonably available to Defendant’s, such as** **documents and tangible items within the possession, custody, or control of** **Defendant’s agents or representatives, or that may be located and obtained** **through a reasonable and diligent search of Defendant’s records. If Defendant’s** **does not produce responsive documents pursuant to a claim of privilege, a** **privilege log must be provided containing the information required by Florida Rule** **of Civil Procedure 1. 280(b)(6). Unless entirely unavailable, these Requests seek** **production of electronically created documents, photographs, and videos in native** **format, i. e. , the format in which the record was created, or in which the** **originating** **application** **stores** **records** **electronically, ** **without** **any** **alteration. Production may be made via email, a secure link to a cloud storage** **site, or a peripheral storage device (e. g. , a CD, DVD, or USB flash drive). ** All documents and written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) referencing, memorializing, or relating to Decedent’s estate plan and estate planning up through theDecedent’s Last Will and Testament UAD March 28, 2002 was executed, including without limitation, wills, trusts, advanced directives, drafts of documents, memoranda, notes, and billing records. In answering this Request #1 and all other requests herein which refer to “documents” or “written communications, ” please include all of the information listed in Definition #1 in the “DEFINITIONS” section. All documents and written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) referencing, memorializing, or relating to Decedent’s estate plan and estate planning beginning from the day after the Decedent’s Last Will and Testament UAD March 28, 2002 was executed through theof Death, including without limitation, wills, trusts, advanced directives, drafts of documents, memoranda, notes, and billing records. Defendant’s telephone records (including without limitation call logs indicating incoming and outgoing calls) for any communications with Decedent and/or her caregivers from January 1, 2022 to theof Death. All documents and written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) which memorialize, reference, or pertain to the Defendant’s personal relationship with Decedent from January 1, 2022 to theof Death, including but not limited to documents which in any way address the frequency with which Defendant spoke to and/or visited Decedent during this time period. All written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) between Defendant and 8 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 x Miami, Florida 33181 x Tel 305. 981. 8889 x eFax 305. 405. 7979 www. ctllp. com ----- any attorney or any attorney’s office, including but not limited to Juan J. Perez, Esq. of J. Perez Legal PA, who provided legal services to or on behalf of Decedent, from January 1, 2022 to theof Death. All written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) between Defendant and Decedent relating to the Property and/or any of Decedent’s assets and/or Decedent’s children, from January 1, 2022 to theof Death. All written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) between Defendant and Mary E. Nickles, a witness and notary to the deed for the Property signed on April 21, 2023, relating to the Property and/or Decedent’s assets, from January 1, 2022 to theof Death. All written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) between Defendant and Marie Miclaus-Smith, a witness to the deed for the Property signed on April 21, 2023, relating to the Property and/or Decedent’s assets, from January 1, 2022 to theof Death. All written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) between Defendant and Decedent’s medical or health care providers, from January 1, 2022 to theof Death. All written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) between Defendant (or anyone acting on his behalf) and anyone relating to the Property and/or Decedent’s assets, from January 1, 2022 to theof Death, not already responsive to prior requests. All photographs, video, audio, or any other audiovisual records of Decedent from January 1, 2022 to theof Death. All documents and written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) which memorialize, reference, or pertain to Decedent’s 2019 Mazda CX9, from January 1, 2022 to theof Death. All documents and written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) which memorialize, reference, or pertain to Decedent’s 18 karat Rolex watch with diamonds, from January 1, 2022 to theof Death. All documents and written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) which memorialize, reference, or pertain to Decedent’s testamentary intent and/or assets, from January 1, 2022 to theof Death. 9 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 x Miami, Florida 33181 x Tel 305. 981. 8889 x eFax 305. 405. 7979 www. ctllp. com ----- All documents and written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) which memorialize, reference, or pertain relating to Decedent’s tangible personal property, from January 1, 2022 to theof Death, not responsive to prior requests. All of Decedent’s medical records from January 1, 2022 to theof Death. All documents that were or are currently located in the Property from January 1, 2022 to theof Death. All documents and written communications (including, but not limited to, e-mails, text messages, WhatsApp messages, and social media messages) which memorialize, reference, or pertain to Decedent and/or the Property and/or Decedent’s assets, from January 1, 2022 to theof Death, not responsive to prior requests. 10 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 x Miami, Florida 33181 x Tel 305. 981. 8889 x eFax 305. 405. 7979 www. ctllp. com ----- ##### CERTIFICATE OF SERVICE ###### WE HEREBY CERTIFY that a true and correct copy of this document will be ##### served on Defendant along with the Complaint in this action. ###### CHEPENIK TRUSHIN, LLP. ##### Attorneys for [the] Plaintiff 12550 Biscayne Boulevard, Suite 805 North Miami, FL 33181 ###### Tele: (305) 981-8889 Fax: (305) 405-7979 ## / s/ [Daniel][ F. ][ Bachman] ##### Daniel F. Bachman, Esq. Florida Bar No. : 97786 Primary [e-mail:] dbachman@ctllp. com Secondary: service@ctllp. com Glenn Marks, Esq. Florida Bar No. 1024809 Primary [E-mail:] gmarks@ctllp. com Secondary [E-mail:] phoskin@ctllp. com 11 Chepenik | Trushin LLP 12550 Biscayne Boulevard, Suite 805 • Miami, Florida 33181 • Tel 305. 981. 8889 • eFax 305. 405. 7979 www. ctllp. com -----