Russell Buchan, AKA Grill Nazi

Our Mother, AMELIA BUCHAN passed away on February 1, 2001 in St. Petersburg, Florida. She was survived by three sons, five grandchildren and five great grandchildren. Russell, age 53, a bachelor and the youngest son claimed sole possession of the family estate.

-- Entry One: INTRODUCTION
My brother, Russell Buchan is shown on the home page gaily enjoying a lobster feast among friends. His mood on the night of January 20, 2001 was not as joyful, the food not as festive. Russell and I had stopped at a Shoney’s in St. Petersburg for a late night snack. In separate cars, we had just left visiting our mother in the nursing home. Mom had been removed from life support, a feeding tube to her stomach. This decision was made after her health turned progressively worse and operative procedures would be required to prolong her life. At eighty-five, it was not recommended to perform the required extensive surgical procedures. Mother had been placed on a feeding tube the prior April after a series of heart attacks. Initially, when the feeding tube had been removed, medical personnel told us mother would pass away in 48 to 72 hours. That was a week ago. [Read More]

-- Entry Two: FAMILY BACKGROUND
Our mother and father migrated from Brooklyn, New York to St. Petersburg, Florida in 1946. Like so many others, it was the dawn of a new beginning following the war. I was 6; my brother Doug was 8. Russell was born the following year. We lived in a small mobile home, the trailer park still exists, and the mobile home could still be there. Father surveyed the territory looking for a new start. He found it by going back too New York and returning with a used Good Humor Ice Cream truck. Each day we traveled the beaches and fishing spots. Popsicle, 5 cents, Ice Cream cups 10 cents. My allowance was collecting discarded soda pop bottles. [Read More]

-- Entry Three: NANA
Our mother was affectionately called "Mom". When she first became a grandmother in 1961 the name "Nana" became her moniker. Coincidental and perhaps fitting that I am writing this passage on Mother’s Day.

I was one of Mom’s "boys". She always referred to her three sons as her boys and exhibited a passion to treat us equal. Even when we were older, on our own, married with children, we were still her boys. If she should slip one of us $20 from her "mad money" to buy a treat, Nana would not rest easy until she passed an equal amount to her other two sons. [Read More]

-- Entry Four: THE ULTIMATE
*Note to Readers. This passage contains profanity.

When Russell and I stopped for coffee that evening in January 2001 the conversation began with normal family chitchat. It soon turned to a probing inquiry by Russell.

"Had I seen mother’s Court file?"

"No."

There was a look of disbelief on Russell’s face. Mother received a Court appointed Guardian in 1992. Her guardianship file was placed under seal at the initial hearing. Over the years, we had objected to the Court file being sealed from family members. In 1998, there was a Court hearing with the Court ruling that the guardianship file be opened for inspection except for the ward’s (my Mother) testamentary plan. [Read More]

-- Entry Five: The Godfather Saga

"I was going to watch the ‘Godfather’ last night, but I was real tired and I fell asleep. Maybe I will watch it tonight."

Russ was telling me this on a January evening this year as we sat in the outside gazebo area in the front yard of the nursing home. We were taking a break from visiting Mom while the nurses inside attended to their duties.

The ‘Godfather’ movie was released in 1972. Godfather II was released in 1978 and Godfather III in 1982. It was a fictional account of the Corleone family, and mirrored Mafia crime families. The setting was Little Italy in New York City where Vito Corleone played by Marlo Brando had three sons, Michael, Santos and Fredo. It had been almost thirty years since the original release of this movie, yet Russell’s actions were still influenced by scenes from the movie. [Read More]

-- Entry Six: A Little Land Heist!

My brothers and I were raised in an environment of being independent, being self-sufficient and having entrepreneurial spirit.

In 1955 when I was sixteen, I purchased my first car for $400 with money I had earned from working in the family business. It was a 1951 Chevrolet two door coupe. I sold it in 1958 and brought a 1955 Pontiac Star Chief Coupe. At age eighteen, I financed this purchase at a local bank.

My older brother Douglas and I did not rely on our parents to provide us with things we wanted. We were given the freedom to choose our possessions and the responsibility to pay for them. Our mother was always there for support and would lend a helping hand if she thought it a good investment. [Read More]

-- Entry Seven: THAT ATTORNEY IS DEAD!

Over the course of her life, numerous attorneys represented my mother. Because the family had commercial real estate holdings, there were legal matters pertaining to sale and purchase, leasing and zoning issues, collection and eviction activity. During the period between 1968 and 1989, my mother and father were involved in litigation regarding separation and divorce and property settlement. And there was will preparation and estate planning.

Overall, the legal representation was conducted with her interest at heart. During the extensive period, there were changes in attorneys, but several of these changes were caused by circumstances beyond her control. [Read More]

Entry Eight: PLAY THE MILLIONAIRE GAME

What is the most important thing to take to a Court Hearing?

1. A Witness
2. An Attorney
3. A Court Reporter
4. Breath Mints

Even if your attorney states, "It is just a simple hearing, it will probably last just ten minutes, we do not need a Court Reporter." Ignore him and request a Court Reporter be present. You will be surprised at the small details that are often overlooked in a Court proceeding. [Read More]

Entry Nine: A DISGUSTING PASSAGE

I wrote a draft for this passage a few weeks ago and on the reread it sounded disgusting.

I am including the passage because it is part of the story. I pledged I would write the events of the passing of my parent’s estates as they happened with the hope that other families would not have to face the same tribulations as our family. [Read More]

Entry Ten: A DISGUSTING PASSAGE PART II

Our Father died on April 18, 1994. He died alone at his home from complications of pancreas cancer. His body was discovered by a neighbor who checked his home after not seeing him leave his home for a day or two. I did not know my father had cancer until I was told at the funeral home.

At the time of my father’s death, my wife and I were in the North Georgia Mountains spending the weekend with a client and other friends. When I received the call from my office about my father’s death, we drove directly to St. Petersburg. My son drove from our home to assist me in funeral arrangements and whatever else needed to done. [Read More]

Entry Eleven: GRILL NAZI

It was during the Christmas Holidays prior to our mother’s death that Russell first told me he called himself the Grill Nazi.

I had visited him at his place of business, Buchan Gas Company, and he gleefully related a story how that day he got rid of a customer in the showroom who was taking too much of his time making a purchase decision. It seems the customer wanted to purchase a gas barbeque grill but suggested a better price be offered. Russell countered by telling the customer he wasn’t going to sell him a grill at any price and walked into his office. The customer was dumbfounded and meekly stuck his head into Russ’s office, said he was sorry about asking for a lower price and could he buy the grill. Russell replied, “Out. Out, Get Out, I won’t sell you anything.” [Read More]

Entry Twelve: SAVING FACE AND SAVING TAXES

“My mother’s will is going to create difficult relations between me and the rest of the family.” Russell had told this to my mother’s guardian and others.

Russell was saving face. Russell likes to project the image of the good son, the family member who is compassionate, caring, and concerned. In most cases, the only person Russell is fooling is himself. My mother’s will that Russell rushed to probate on the day of her interment could have been partially or completely set aside. Russell could have arranged for the distribution of the family estate amongst family members. His anger and greed took him down another path. [Read More]

Entry Thirteen: FAIRNESS FOR FAMILIES

Researching background for these web chronicles, and reflecting on the relationship existing with my own family with the experience gained through my accounting practice, I developed a few axioms about Estate Planning. I will share them here.