Saturday, July 7, 2012

Letter to mom

Dear Mom,

This is a difficult letter to write.  I guess when Dude was a heroin addict, you were willing to give anything and do anything because his life was precarious.

I think that is what you would do for any of your kids.

I suppose if David's wellbeing was in threat, then you would do the same thing for him.

I know that what you do for your kids is your business.

But I feel the need to alert you to some very concerning information that may be your business.  It may be unpleasant information, but I think you need to be informed.

I was reading on the Oprah Winfrey website and there was an article about a failed marriage.  The quote is

"I think a conspiracy is anything that's shrouded in silence".  I think David is being secretive about some of his conduct with dad's property.  If David wants to be silent, then that is one thing.  But if I suspect that he is misleading you, then I am a conspirator with David, if I keep silent to you and dad's other heirs.

Mom, here is what I am thinking.  I think David is saying things to mislead me from the truth.  David says, dad gave him first choice of properties to select from about two to three years before dad died.  Now, what would prompt dad to make this decision so many years before he died?  Why would David choose, the least valuable of dad's property?  If dad took such action so far before he died, then why didn't dad put in writing somewhere that David was given his the house in Lake Havasu as his inheritance?  David told us he knew about the transfer of title two to three years before dad died, but he told Becky, he didn't learn about the house being his until just after dad died in August 2011.  Which story is the truth?  Dad was so organised with his investments, his property, everything.  How is it possible that such an organised man did not have a will?

David told you that Jeffrey disrespectful and accused him of making smart-alec comments.  The truth is that David accused Jeffrey of bullsh_t and David called Jeffrey a prick.  I was there mom.  Jeffrey was attacked by David and Dude.  What David told you was not the truth.  David told Jeffrey and Becky that he was planning to buy the boat from dad's estate and then in May, David said dad gave him the boat.  If you remember, on the Sunday morning after dad died, David divided up a bunch of cash.  He told Jeffrey that he was giving Jeffrey $2,000 out of his (David's) share of the cash.  The truth is that there was $22,000 of cash in dad's house.  Everyone got $5,000 and there was $2,000 left over.  Jeffrey got that money.  Jeffrey's money did not come out of David's share of the cash.

Dad never appointed David as his executor.  That takes a court action.  Dad never took that court action.  The only information we have is that David told us that dad has selected David as the executor.  Dad never told me that David was the executor.  We have all trusted and believed David who said he was the executor, but Dad never told us this.

In January of 2011, six months before dad died, me, dude and David met at a mexican restaurant in Long Beach.  In that meeting, David and dude and I agreed that Jeffrey would be treated as an equal to Rick (as Rick's only child).  But when dad died, David changed that agreement to me and claimed that it was dad's wishes that Jeffrey not be included as an heir in settling his California or Arizona property.  David basically was acting to "cut" Jeffrey out of his inheritance and saying "it was dad's wishes", but nobody ever heard dad say that.  And since there is no will, it's David's word that dad didn't want Jeffrey to be an heir.  Mom, dad was smart.  Dad would have known that the state of California would have made Jeffrey a one quarter heir to the California property.  Dad would have known that if he didn't want Jeffrey to be an heir, he (dad) would have had to have written a will specifically excluding Jeffrey from any inheritance.  But according to David, dad did not leave a will.

Mom, David was never declared the executor of dad's property in Arizona, but he has acted to divide up cash and bank accounts and acted to give Dude dad's Camry without telling any of the other heir's beforehand.

Mom, I have never been told, but Becky tells me that David has taken out a loan against your house.  David has never told me about this.  Neither have you.  You are not obligated to tell me any of your business affairs.  But you need to know that if David gets into financial trouble and can't pay off that loan when the bank "calls in" the loan, then the bank could potentially repossess your house - even if you are still alive and living in the house.

Mom, I had a meeting with David and and David mislead me about what his intentions were for Jeffrey.  David also said he was going to help dad with a will and he said he would work with dad to get dad to write his will and establish a living trust.  But David did none of those things and he never told any of us that he did not get the will written with dad until after dad had died.

Mom, I think David is withholding information from me, Dude, and Jeffrey about what he and dad discussed when David was given the house in Arizona.  I think at that time, dad would have written something about David getting his inheritance when he got the Arizona property.  But David claims that there is nothing in writing from dad.

Mom, I'm concerned that if you don't ask David to pay off the mortgage on your house, then the bank could force the sale of that house, and Dude, Jeffrey, and I will not be able to get inheritance from your home, and David will get the entire property.  If that is what you want, then okay.  But if you want all of us to get a share of your house, then David needs to pay off any loan balance he has outstanding on your property.

Dad's estate has turned out to be a mess and David was the central figure in settling dad's estate.  It's been a year, and nothing has been completed.  I think David is not getting things done 

Book about Staying for the kids

Chapter 1 "Escape artist" - How I turned to food and solitude to heal
Chapter 2 What I've learned about mentally unwell people "they do what they do"  It sometimes does not make sense to themselves and it certainly doesn't make any sense to you