Alerts

An overwhelming number of people are sending correspondence to our blog that contain opinions about bankers and lawyers, request for more specific details of this case, and to relate similar experiences. As the purpose of our blog was for testimonials supporting the children, we have not posted that correspondence on our blog. After careful consideration it is clear these questions and concerns deserve to be answered. Therefore we have taken two steps:  

  1. We have created an email, thekibbeekids@gmail.com, where these questions will be addressed. Please send any question questions you may have, as well as information about similar experiences to this address.

  2. The general belief is that there must be laws covering such conduct on the part of our legal and financial professions. The fact is that in the case of a dying client, if the institution and lawyers drag their feet in responding to the client's instructions until the client finally dies, the law does not protect the client—not even when the client’s orders have been notarized and filed in a courthouse.  WE NEED A LAW—especially in the case of financial institutions—especially when ignoring their client’s instructions is financially beneficial to their institution.  Certainly this case is a poster child for that need and Sharon de Lobo is on a campaign to get one! She has begun to speak to groups and will spend the next five or six speaking to people all across the country. At the end of these presentations, which are intended not only to give information but to assemble signatures from people in all states, she will take the peoples case to US Senators on the Banking Committee and the Special Committee on the Aging (there are six who are on both) and send petitions to the banking commissioner and attorney general of every state. So far the response has been overwhelming. If you would like Sharon to speak to your group, please let us know. Her schedule is filling up quickly, but we will make every effort to fit you in when she is speaking in your area of the country. 

Contrary to Kim Love's claims on Sheridan Media THERE IS NO “FATAL FLAW” IN OUR FUNDING:
Stay Tuned as we set the record straight on the $32 million Mercedes Kibbee trust funds and her Kibbee Kids program

  • Seriously misleading statements have been made to the public about Mercedes Kibbee’s ability to finance a Foundation for at-risk children. Kim Love, the influential owner of several local radio stations, has twice stated that there is not enough money to support programs for children now, and -- even worse – there is not enough to be able to operate the ranch and the children’s programs when it comes under control of the YMCA’s designated board.
     “There is a “fatal flaw” in the financing,” he says. .
    His remarks came during his “Public Pulse” radio show interview with Sharon Kibbee de Lobo on February 9, and on his call-in show with his producer two days later.
    Mr. Love apparently does not have a good understanding of how charitable trusts work or how these Kibbee finances are set-up.
  • The. Kibbee’s trust is estimated to be worth $52 million over the next 20 years. That’s from CONSERVATIVE estimate by Mrs. Kibbee’s own bankers and lawyers.
  • About $430,000 has been paid into the foundation account so far, a year since Mrs. Kibbee died in April of 2007.
  • The money is from what are called Charitable Lead Trusts. The charity gets an income from these Trusts until the principle is eventually delivered over to the beneficiaries, in this case the two youngest Kibbee heirs, many years in the future. In the case of the larger Trust, it would be more than 30.
  • The two Trusts called Charitable Remainder Annuity Trusts provide her two older heirs with income every year until their deaths. After their deaths, the principle is delivered over to the Kibbee Foundation.
  • Since her death, the income from the Mercedes Kibbee Trust has more than covered yearly ranch expenses. It will continue to do so, with sufficient funds for reinvestment, once it is turned over to the foundation.

 

A listener said on Mr. Love’s call-in show that he found the de Lobo interview interesting and the owner and his producer held this exchange:  (Web Editors’ Note: It’s a bit confusing, but we think at the end Mr. Love is talking about two sets of kids, the program’s children, and other Kibbee heirs, Peter Kibbee, Aurora Lobo and her son.)

 

Kim Love - ok.. well glad someone..I heard other people tell me they were bored.

CoHost - You'd gotten into the interview a few minutes

Kim Love - and you fell asleep?

CoHost - I went right to the website, I was checking it out

Kim Love - ok

CoHost - still don't know all the ins and outs and particulars and this and that and the other thing, I mean, delve into the issue cause it's kind of complicated obviously..

Kim Love - well, yeah, it is and um...well anyway so a..yeah

CoHost - It pushed me to the website

Kim Love - Ok well then good, but some of the stuff on the website is a little bit misleading. It's like the kids are not being taken care of and that's not really true. Now the fact is the family's been in litigation, been suing since before Mrs. Kibbee died so that tends to slow stuff down and make it more difficult to move forward although they have moved forward, and as the website says, there's not $30 million available because they set up $18 million worth of trusts for the benefit of the family and that money may eventually go to them but it's not there yet, and it doesn't get into the..very frankly... they ..um...um...you know I talked to I just gottta say..I was listening to the lady, Nadine Iott who was here...because if you want to fault someone to my way of thinking you can fault them for not sitting down with Mrs. Kibbee and saying Mrs. Kibbee, there's a fatal flaw in your plan and the fatal flaw is that you're not leaving enough money. And the say, not enough money? Yes, not enough money that will produce enough income up front to support that ranch so all you're going to be doing is using the money up in the first period of years to pay for the operation of the ranch which really doesn't benefit the kids so now which is it? Do you really want to benefit the kids or you do want to maintain the ranch, and if you just want to maintain the ranch as a pretty place maybe you want to give it to the garden club or somthing like that or someone else who could maintinain it if that's what you really want to do or let the kids share it, but I understand they've been offered to buy it and they don't really, you know they say hey, we want it but let them have it. I think that what you ought to do is say how may of you really want it? If you really want it we can put a share of the ranch into your trust and take liquid assets and take care of kids and then eventually when the trust is fully funded and can more easlly support the place we can look at having that as a facility being available to them but apparently, the kids...you know, they want it but they don't want to have their money.....

 

Correct Information

Here’s how the programs intended by Mrs. Kibbee and her daughter Sharon were calculated:
$115,539 per 12 children, So $430,000 per year income from charitable lead trusts would cover 48 children year before other savings are calculated.
  • There would be discounts for bulk food purchases
  • Every child would not need  long-term special Sylvan Tutoring
  • The program would not one counselor for every three children at all times of the year.

On the other hand, there would be additional costs not yet budgeted:
  • a nurse or nurse’s aide
  • field trips.
  • drivers, vehicle maintenance expenses


As such it is probably a pretty good estimate.

Here’s how the board has spent the Kibbee money in three years – with only unrestricted grants to the YMCA:
in 2008     $11,000 for YMCA memberships for children 7 through 17
                 $3,000 for scholarships to 1 week at YMCA Bighorns resident camp
                 $4,500 for full or partial scholarships for one week at YMCA Thunderbird day camp
                 $1,500 to YMCA Arts - Adventure Club –Science
                 $2,000 to YMCA Youth Leadership - Civic Project (22 8th graders aprox.13 years)                
2009        $5,000 for YMCA full or partial scholarship to YMCA
                 $5,000 program fees to the YMCA
                 $13,000 kitchen repair and equipment for the YMCA
                 $12,000 Dining Hall repairs for the YMCA
                 $5,000 Architect & Engineering Fees for the YMCA
                 $10,000 Plumbing & Electrical upgrades for the YMCA
2010         $40,000 FOR YMCA Camp of the Bighorns
                 $10,000 scholarship memberships to the YMCA
                 $7,500 to Joy Junction Sunday School Project
                 $3,000 to Food for Backpacks
                 $1,000 to Bridge over Poverty
                 $7,500 to Coffeen Afterschool Program
                 $500 to Quantum Supercamp Scholarship
                 $5,000 still to be spent at the Y’s

Under the Kibbee foundation design, that $40,000 alone could have:

  • fed 22 children a healthy dinner every night for one year
  • provided six children, who are presently failing in school, with two Sylvan Learning Center tutoring sessions a week for a full year sessions purchased as a block would expand these numbers considerably


These meals and tutoring would have gone to children who have very little. Not a single child among them has parents who can afford to pay for a YMCA membership.
 This $40,000 was used to improve the YMCA facilities meaning, with a 5% scholarship, approximately 95 cents of each dollar ($38,000) was used on paying members of the YMCA. This includes some of the wealthiest people in town.
And the Kibbee board has only one independent member at this point (with two independent seats presently empty)—all others are tied directly to the Y or the bank which is co-executor of Mrs. Kibbee’s estate.