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 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.

Our mother was Italian. Her parents had emigrated from Italy to ‘Little Italy" in NYC where Mom was born. Many scenes in the movie were reminiscent of life in the city during her own childhood. Russell, a friend to family genealogy had attached himself to the movie’s depiction of Italian family life.

In the movies, whenever a calamity of misfortune would strike enemies of the Godfather family, it would occur at the climatic moment of a Corleone family event like a christening or wedding. A gang rival assassination is carried out as a family member professes her wedding vows before a priest in church. A family traitor is summarily disposed of while the priest pours baptismal water across the forehead of the newly arrived Corleone niece.

Our mother’s interment was scheduled at Memorial Park cemetery at 11:00 AM on Monday, February 4, 2001. The funeral services were conducted on Sunday afternoon. The interment was private so out of town guests and my children who traveled to St Petersburg to attend their grandmother’s funeral could return home on Sunday. At 11:00 AM that Monday morning, my wife and I were at the gravesite. We were with my brother, Doug and his son, Paul. The funeral home directors and the Priest were standing nearby. We had all arrived 15 to 20 minutes early. We were waiting for my brother, Russell.

Russell arrived about ten minutes late. He pulled up and parked on an outer road, not on the paved pathway where the rest of us had parked. He reached back into the car and grabbed his jacket and put it on as he walked towards us. I thought it rather strange to be late for your own mother’s burial, particularly that late in the morning and his office was just eight blocks away.

It was Wednesday, when I found out the reason for the tardiness. At 2:05 PM on Monday afternoon, Russell’s attorney, Peter Graham filed a probate petition in the Pinellas County Courthouse using a Xeroxed copy of a 1978 will signed by my mother. The will named Russell personal representative and sole beneficiary of my mother’s estate.

Russell was replaying his version of the Godfather movie. He must have visited with his attorney that morning. I believe Russell had instructed his attorney to file the Court documents @ 11:00 AM to achieve the full dramatic effect. The only thing that may have went wrong; the attorney may have gone to lunch first.

Damn, I bet Russell was furious when he found out the Court Stamp didn’t imprint the documents at the precise moment our mother was lowered into the grave.

The fact that Russell had a Xeroxed copy of the will filed on that day is significant to the events that transpired during the next two weeks.

Next entry, A Little Land Heist!

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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.