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 Nine: A DISGUSTING PASSAGE

I wrote a draft for this passage a few weeks ago and on the reread it sounded disgusting.

I am including the passage because it is part of the story. I pledged I would write the events of the passing of my parent’s estates as they happened with the hope that other families would not have to face the same tribulations as our family.

The Will that was presented for probate for my mother’s estate was written in 1978. It is reproduced as Exhibit One in this chronicle.

Carlton Reichert JR, an attorney who resides in Orlando, Florida and maintains offices in Orlando and St. Petersburg, Florida, prepared the Will.

On Monday, February 5, 2001, Russell’s attorney, Peter Graham filed a Petition for Administration with the Circuit Court of Pinellas County. This was the same day we buried our mother at Memorial Park Cemetery. Included with the filing was an Oath of Witness to Will, which included a copy of my mother’s 1978 Will. The Court was left with instructions to hold the Oath of Witness document for signing by attorney Carlton R Reichert, Jr.

Attorney Peter Graham called Attorney Reichert that week, presumably on Monday, February 5th. Attorney Reichert said it might have been the previous week. He recalled the event but could not recall the day. Attorney Graham requested he stop by the Courthouse at his earliest convenience and sign the oath of Witness to Will. He said it was important for his client and could it be done as soon as possible. Attorney Reichert traveled to St. Petersburg on Wednesday, February 7th and signed the oath at the Courthouse.

All this activity transpired during the week following my mother’s death without any knowledge given to any family members. The copy of my mother’s Will was filed with the Court prior to the opening of the sealed Court files, with a Petition stating Russell would be the sole beneficiary.

This was Russell’s back up plan. If the sealed Court documents did not contain the Will of Russell’s choosing, he already set in motion plans to use a Will copy with an Oath of Witness. These documents were all filed on Monday, February 5th.

Why is all this disgusting to me? The timing of events and remembering what transpired at my Father’s death in April 1994.

The decision to remove my mother from life support was made by the family and signed by the Guardian on January 22, 2001. From then until my mother’s passing on February 1st, it was a family vigil with visits to my mother’s room at the nursing home. I was at work here in North Florida, so it meant travel to St. Petersburg every two or three days for visits.

Near the end, I was told Russell had refused the guardian’s request to have Hospice come in and minister to my mother’s needs. I was also advised that Russell told the guardian, Carol Cube early that week to leave the nursing home because her presence upset him.

In the last hours of my mother’s life all the brothers, Douglas, Gary and Russell were in the room together with Mom. In the final moments before her passing, I was holding my mother’s hand. It is difficult to express my feelings of what transpired during these final hours. It is not easy to watch a loved one die, more importantly, your Mother. I have not been able to discuss those final hours with even my wife or children.

It now is known that during these final days, Russell was working closely with his legal advisors, gathering documents, preparing petitions and developing a course of action to file in the Court as soon as our Mother passed away.

As the family was praying for Mom’s peaceful passing, Russell was planning the seizure of her estate. It was a replay of what Russell had done in April 1994 when our Father has passed away.

While I was praying, I now know Russell was doing something else.

Next installment, A DISGUSTING PASSAGE PART II

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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.