FAIRNESS FOR FAMILIES is a web based chronicle how one son spent years meticulously planning the theft of his parents $3,500,000 Estate.

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.

On April 19th, Russell and I went to Brett Funeral Home to make arrangements for our father’s burial. That same week, my mother was transferred from an assisted living facility to a nursing home in South St. Petersburg. Because of mother’s failing condition, it was decided not to tell her of our father’s passing.

That evening, April 19th, my son and an officer of the St. Petersburg Police Department accompanied us to inspect my father’s premises.

We were to look for a Will and any other important papers that would require handling. While I looked for the Will and other documents, my son photographed the entire contents of the home.

The next day, Russell and I met with Richard Eagle, an attorney who had represented my father in prior matters. We conferred with him about representation of my father’s estate. In the meeting, Mr. Eagle asked Russell if our mother had a Will. Russell did not answer the question. (There were other matters discussed at that meeting, which were the subject of a letter I wrote to Russell after the meeting that is exhibited in this chronicle.)

On May 4th, I had a phone conversation with Carol Cube about the ongoing search for my father’s Will. She replied, "Oh, Russell found it. Didn’t he tell you?"

"No. Where was it located?"

"Russell found it in the bank bag in the metal file cabinet."

"I looked there the night after my father died in the presence of a St. Petersburg Police officer."

"Well, I thought it strange too, because I had searched through that whole cabinet myself. I was in your father’s bedroom looking for things, and Russell came into the room stating he had just found it. I was surprised when he told me where."

The Will is shown in the exhibits. It named Russell and I co-personal representatives. It was filed in the Court for administration on April 28th. Russell never told me the Will had been found and was filed in the Court. When filed, Russell’s attorney Jim Martin made representation to the Court that I had relinquished my rights to being co-personal representative because of the traveling distance from my home to St. Petersburg.

I can dance around the English language to find a non-offensive word for this misrepresentation before the Court, but quite simply it was a lie.

I retained counsel to have my rights restored. We asked for an amended filing. Russell through his attorney refused. Rather than face family litigation or the procedure of filing a complaint to the Florida Bar, I opted to having a third party representative, my mother guardian, Carol Cube serve as personal representative.

I now know Russell’s reason of refusal. My being co-personal representative of my father’s estate would have made me privy to information Russell was trying to hide from me. Russell had already begun his quest to seize all the assets of our parent’s estate. It was going to be a long journey, but he was using his access to family documents and safe deposit boxes to help him achieve his long range planning.

There can be terrorists living within family units and they do not have to highjack planes or plant bombs to disrupt family life. Russell has been dedicated to his mission.

The story continues...where you meet the Grill Nazi

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I am the middle son, Gary, my family name. My given name is Gerard. Throughout my life I have worn many hats, including that of financial analyst, corporate controller, citrus grove owner and business partner. I have been a partner in family business with my brothers from 1969 to 1996. Additionally, for the past twenty-eight years, I have been a practicing public accountant in a rural North Florida community.

My background has created some of the reasons for developing this web site. As a professional accountant, confidentially of client information is foremost criteria in my office practice. A sign posted in our office conveys the message of most practicing professionals. "What you do here, see here, say here, and hear here, stays here when you leave here."

Over the years I have witnessed numerous mistakes in the realm of estate planning and probate administration. I have often wanted to relate these observations to help other families these mistakes of mismanagement and the torment caused by there occurrences. Respecting the confidentially of my clients, I could not impart my knowledge to others.

Today, my own family is experiencing many of the injustices and misfortune created by improper estate planning. These include improper will documents, failure to create a trust, failure to preserve assets, improper professional advice, failure to plan for transition, failure to have a living will and secrecy of testamentary plans. Combine this with the anger and greed of my brother Russell and we have a case study for the necessity of proper estate planning.

I hope I may help other families by documenting what has occurred in our own family.

Let the journey begin.