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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. Her initial representation was appointed to Federal District Court. Two other attorneys representing my mother received appointments to the Circuit Court. Some changes had to be made because of conflict of interest, and yes some changes occurred because the parties did not jell together. One attorney who represented my mother, after her original counsel was appointed to the Federal District Court was Robert Nunez. He was a pillar of strength for mother through difficult and contentious times. There was a period during the mid-eighties when counsel other than Mr. Nunez represented her. When her divorce action became stalled because of property issues that were not resolved, mother sought new legal advice. In 1986, she again retained the services of Mr. Nunez. He was the last attorney who represented my mother until she was declared incompetent and appointed a guardian by the State of Florida. As was mentioned previous, Mr. Nunez was the attorney who presented the documents to the Court in 1986 that appointed me Conservator of my parent’s assets. He was an attorney that was skilled in the practice of elder law, estate planning and probate. Because of tax law changes that were enacted in 1982, all attorneys and accountants were advised to recommend the preparation of new wills for their clients that would encompass the tax law changes. In 1986 when we were discussing Conservator issues and Family Durable Power of Attorney, Mr. Nunez stated he had reviewed my mother’s will and estate plan and found it to be in order. In 1988, my father called and wanted me to help him get a new will. "I want one like your Mother’s." We made arrangement after selecting a local law firm to have a will and trust prepared. "One like my wife’s" was what Father told the attorney at the initial meeting. The recommended plan at that time was to have a will combined with a martial trust. My father’s will is exhibited at Exhibit 2. In July 1998, at a hearing prompted by my inquiry the Court ordered that all attorneys who represented my mother be canvassed for any wills that may have been prepared. The Court ordered Linda Allan, attorney for my mother’s guardian to prepare the order. In September 1998, I called Ms Allan to see when the canvas was going to commence. Ms Allan informed me there had been a delay because Russell’s attorney Jim Martin was not pleased with the wording of her order and was redrafting the order himself. I thought this strange that an interested party counsel was redrafting the order. We received the order in November 1998. As we sat in Shoney’s the evening of January 2001 and during our last hour of conversation, I told my brother that I believed Mother had a will with a trust. My brother replied, "There may have been another will, but it will not matter. THAT ATTORNEY IS DEAD." Of the thirteen attorneys canvassed by the Court who had provided representation to my mother, Mr. Robert Nunez was the only attorney who had passed away. Mr. Nunez’s files had been transferred to a successor attorney. When the successor attorney was contacted after my mother’s passing, we were advised that all of Mr. Nunez’s files had been destroyed. Russell knew this information when we were together at Shoney’s. It is amazing that Russell knew what attorney had the other will. We will learn more of Russell’s psychic powers in following passages. Next installment, PLAY THE MILLIONAIRE GAME |
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