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 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.

I told Russell I had decided not to look at the file while mother was still alive. Russell gave me a look like I had just made that statement up. I had not. Russell’s conversation shifted to talk about our brother Doug. He called him Satan. "Doug can not be trusted. I fear that when mother dies, Doug will show up with a Will that leaves everything to him"

"Russ, I don’t think so."

(Author’s note: Russell always had negative comments to make about our brother Doug. There was family litigation in 1986 when Buchan Gas Company was sold. Since then, I was not aware of any communication between Russell and Doug save for the exchange of courtesies @ Court hearings. I wrote Russell about this in 1994. This letter will appear in a later passage.)

Russ continued, "I think he will. Doug and Beverly (Doug’s ex-wife) have had mother sign things at the nursing home." (Author’s note: Save this thought. It will appear again in a later passage.)

I was eating. Russell blurted out; "I will inherit it all!"

I looked up. "I don’t think so."

"IT WILL BE THE ULTIMATE FUCK YOU!"

Russell had been talking about our brother, Doug. The evil son-of-a-bitch brother as he put it. I thought Russell’s admonishment was meant for Doug.

I did not know until our mother had passed away that the "ULTIMATE FUCK YOU" included my wife, my children, my grandchildren, and me. It included my brother Doug, my brother’s son, and my brother’s grandchildren. The ULTIMATE FUCK YOU meant all of us. Russell planned to include his brothers, his nieces and nephews, his grand nieces and grand nephews. It was to include his godchild, my daughter Christine. Our mother was dying and Russell was beginning to feel the culmination of his grandiose plan to steal the family estate.

We stayed at the restaurant for perhaps another hour. I wanted Russell to talk more. He did.

When we finally had to leave, Russell and I stood in the parking lot.

He said, "Mother’s Will is in the Court file. I told Linda Allan (the attorney for mother’s guardian), You have to take the Will out of the file." Russell had a look of anguish about this knowledge. (Author’s note: Remember this statement by Russell. It will be the subject of a forthcoming passage.)

Russell and I left the Shoney’s parking lot. I proceeded to the Ramada Inn parking lot where I began to write notes.

The journey continues.

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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.