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 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.

Do Not Procrastinate. Have you ever attended a funeral for a person younger than yourself? If you have, this pretty much sums up this axiom. Preachers are forever preaching, “Are you ready to meet your Maker?” The real question might be, “Is your family ready to go to Probate?”

Do Not Take It With You. Many have tried, No one has succeeded. Oh Yes, a few treasured items have made it to the confines of a coffin, Super Bowl ticket stubs, a class ring, the first teddy bear but not the gun collection or the restored antique Model T. You have probably made the statement, “ You can’t take it with you” yet still hang on to treasured items like they will be traveling companions in the coffin with you. Model car collections, your favorite antique hunting rifle sitting for years in the gun cabinet, the gold coins in the safe deposit box. How much will your family have to sell on EBay to pay the estate tax on these treasured mementos? Do you plan to leave them to the high Ebay bidder?

Do Not Be Secretive. Why are persons advised to keep testamentary plans confidential, only known to the Executor and their Legal Advisor? As the Church Lady on Saturday Night Live would say, “How convenient!!!” If your plans are not to leave your entire Estate to one or the other of these persons, I suggest you share your wishes with your beneficiaries. And don’t worry about who you plan to leave out of your will or trust. They cannot hate you anymore now, then they will later. Who knows, maybe each of you will share a moment of forgiveness before death.

Have a Plan and Work the Plan. This is a business axiom. It works well in death preparations too. When you are laid out in the pine box, your relatives and loved ones will not be able to hear you. If would be a good idea to talk to them now.

Don’t Trust Anyone. This is an extension of the Do Not be Secretive axiom. If you have a brood of children and/or kinsfolk and know one you think you can trust, you are probably wrong. A video will in addition to your written will should be considered. It you use one, have more than one copy, give them to your beneficiaries and keep one in the safe deposit box that will be opened after you die in the presence of witnesses. You will rest peacefully in Eternity knowing your Estate is being administered like you planned it.

I have enjoyed a successful professional accounting career of over thirty years. During this period, I shared business and financial advice in confidence with my clients. Most of the time the advice was heeded and results were fruitful. At times I advised clients, you just must go with your gut reaction. If it feels right, do it. If it feels wrong, back off and reevaluate.

Planning, working and executing my parent’s estate wishes, I failed to listen to my own advice or follow my own gut reactions. As I have explained in these web chronicles, over the years I had my suspicions, observed misbehavior, witnessed wrongdoing and had misgivings about my brother Russell’s actions. I should have heeded my own advice and followed my own gut reaction. It is not I who suffers because of Russell's greed, but my children, grandchildren, nieces, nephews, grandnieces and grandnephews. I only lost a brother, Russell, in this ordeal but gained a stronger love and bonding with other family members.

I sincerely hope the family members reading this web chronicle treat each of their own family members fairly in life and in death.

Thanks for being here.

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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.