Wednesday, March 18, 2009

Life, Death, and Probate

The last couple of months have been an eye-opening experience for me. I have always known that some people cant be trusted to be fair or honest. And while I fully understand self-preservation, going out of your way to mess around in someone else's life baffles, as well as infuriates me. Let me back up about 5 years to the beginning of the story.
In Oct. of 2003 Mom died and Dad was already showing signs of a diminished capacity. Her passing only hastened it I believe. The next April, Dad sells his house and moves in with me. I notice he's having trouble driving and convince him to let his license lapse in July when its due. He's 87 at this point. I help him get a shiny new red Craftsman riding mower so he can mow yards, and get around a little. Not long after we get into an argument and Dad leaves on his riding mower to go see his old neighbor Luke. I don't see or hear from him for a week, and no one would tell me where he was except that he was fine.
"Enter the evil nemesis cousin Francis, aka Mom's niece. The cousin has taken it upon herself to "take care" of Dad. During this week, she has taken him to a doctor (preliminary Alzheimer's assessment), placed him in a residential home (at his expense), and petitioned the courts to declare him incompetent and appoint the public administrator as his guardian (again, at his expense). By Oct, 2004 its a done deal, all court approved, and completely out of my hands. Why you ask? Because "Im not his real son" as the cousin puts it. You see, I was adopted, as my parents were childless and well past child-bearing age.
Anyway, I come to find out today, in 2009, that the P.A. was appointed, by court order, my father's successor in March 2005! So, even though I have the original copy of his Last Will and Testament dated July 1999, it's worthless unless I hire an expensive attorney to probate the will for me. Since there is only a few thousand dollars total involved, this is an economically poor idea because the attorney fees would be almost that much.
Needless to say, I am less than happy with the current state of affairs. The "cousin/niece" is a backstabbing, do-gooder, busybody, who continues to meddle in things that are none of her bussiness, and poison the well with innuendo and half-truths. I may never know the full extent of her interferrence and influence over events. Karma is a bitch. Try to remember that "cousin."
The legal sytem is once again proving itself to be, not about justice, but rather about legalities. I am reminded of an admonition to the effect of "When laws become too complex or numerous for the common man to understand, then they must be abolished" In other words, we shouldnt need a legal advisor to navigate through life. I believe the attorneys have stacked the deck in their favor.
The man who rasied me, and I called "Dad," taught me be honest, forthright, to treat others as I wished to be treated, and fair. Well Dad, that may have been a excellent way to be down on the farm in the early 1900's, but all it seems to get you nowadays is screwed. I find myself saddened at being required to be a complete ass to others, even though they may never have done anything against me. Protecting your own interests has become paramount in even the most minor of matters.
I feel that I am being forced to abandon my father's legacy of fairness and honest values, just to get by. And that is the ultimate injustice. Rest in Peace Dad.
John D James - B. July 27, 1917 D. February 9, 2009

1 comment:

UncleWillie said...

It is sad to hear that. Family problems are the worst. At least you could let it go. Your neice/cousin will get hers, it is just a matter of time.