A Family Divided

by Tom Berreman

Chapter 26.

  “How was your walk?”

  Allison just stepped onto the deck after returning from dropping Ryan off at school.

  “Good,” Jason said as he sipped his coffee at the umbrella table, his hair wet from his post walk shower. He didn’t expand on his long walk, unwilling to share his thoughts from an hour of self-reflection. “Coffee’s fresh, I just brewed a pot. Care to join me?”

  “Sounds good, I’ll be right back,” she said as she returned to the kitchen.

  * * *

  “You never told me about your meeting with Brent yesterday,” Allison said after they each enjoyed a couple cups of coffee under the pleasant California morning sunshine.

  “Not much to talk about. It’s clear he doesn’t want to work with us, he feels we’re outsiders intruding in family matters. He told me to talk to their lawyer from now on.”

  “But damn it,” Allison said. “I’m as much family as he is, more since I’m a blood relative.”

  Jason ignored her comment that Brent was adopted.

  “He suggested he come by the house to look through Curt’s home office files. I sensed there might be something there he wants to find.”

  “Or something he wants to hide?”

  “My, aren’t we a cynic.”

  “Hey, he’s given us no reason to trust him.”

  “I agree. So, let’s go look and see what we can find.”

  They walked upstairs to Curt’s home office and Jason opened the large desk drawer. The first file’s contents shocked him.

  “Did you know your sister owns forty percent of Jennco?”

  “I had no idea,” Allison said.

  “This makes things interesting, especially since Brent failed to disclose this rather important information.”

  “I’m beginning to not really like this guy.”

  “Damn,” he said as he opened the next file, again surprised at its contents. “Here’s a file labeled Health Care Directives. There are copies of executed directives for Laura and Curt with a note the originals are in a safe deposit box at Pacific National Bank.”

  “Didn’t Brent say he found copies of their wills in his dad’s files, but there were no health care directives?”

  “Yeah.”

  “Wouldn’t it make sense Curt had copies of the health care directives in the same files Brent reviewed?”

  “Sure does.”

  “You told me he hasn’t accessed his dad’s safe deposit box yet.”

  “He said he hasn’t, but I’m not sure he’s being truthful.”

  “Do you think Brent’s lying, that he’s seen the directives, and he’s trying to cover up they even exist?”

  “It wouldn’t surprise me, I don’t trust him any further than I could throw him, not even that far. Let’s see what they say.”

  It took only a cursory review for Jason to spot the issue.

  “If he has read these documents, I can see why he wanted to cover them up.”

  “Why’s that?”

  “In layman’s terms, Curt wants to be unplugged if he’s in a coma, and Laura wants to stay plugged in until there’s no hope she’ll recover. I’m sure Brent’s concerned if Laura survives too long she’ll inherit everything. Let’s see what Curt’s will says.”

  He laid a file on the desk labeled Wills and pulled out the first document.

  “I’m just glad you offered to come along,” Allison said as he scanned the document.

  She reached across the desk and clasped his hand. His thoughts of Megan at sunset the evening before, and again on his morning walk, made him cringe at her intimate touch, but he did nothing to pull away his hand.

  “What did you find?” she responded after a few moments, slowly releasing her grasp but keeping her hand close to his.

  “A will generally begins by identifying the person’s marital status, spouse and children. From this draft in the file, it looks like Curt downloaded a form from the internet and drafted the will himself,” he said as he slid it across the desk for her to review. “A non-lawyer drafting his own will can lead to unintended consequences. I’ve even known lawyers to screw up their own.”

  “That wouldn’t surprise me, he always said he never trusted lawyers. Something about a case he lost over ten years ago.”

  “But look at the first paragraph. He crossed out the sentence from the form naming his children, only identifying Laura as his wife, and that’s how the executed will reads.”

  “Why would he do that?”

  “One reason might be he didn’t want to include Brent, Jessica and Joshua as beneficiaries.”

  “That might make sense.”

  “Why do you say that?”

  “Laura, Curt and I went out for dinner one night shortly after they returned from their honeymoon,” Allison said. “I stayed with Ryan while they were in Antigua, and we celebrated one more time before I returned to Minnesota.”

  She paused for a moment, realizing that was the last time she saw her sister before the accident. She wiped a single tear from her cheek before she continued.

  “Curt indulged in a couple more martinis than usual, and was in a festive mood, more talkative than usual. I commented in passing it was nice his three kids attended the wedding.”

  “How did he respond?”

  “His mood darkened, and he fell silent. After a moment he said ‘I’ll be right back.’ He stood and walked to the men’s room. I asked Laura if I said something wrong.”

  “What did she say?”

  “She told me Curt grew to love the three kids he adopted, especially Joshua. But it bothered him Brent, and to some extent Jessica, developed a sense of entitlement. He quit high school to support his family and built his company from scratch. And for his kids to feel entitled to inherit the company he scratched and clawed to build just didn’t sit well with him.”

  “Could it be because he adopted them?”

  “I can only assume that’s why he gave Laura forty percent of the company and cut them out of full ownership under his will. But Laura told me later they each get five hundred grand under a trust Curt set up for them, so I doubt they’ll be destitute.”

  “That makes sense, but let me see what the rest of the will says.”

  A moment after turning the page he turned to Allison.

  “Still more questions than answers.”

  “What now?”

  “The will states Laura will inherit his entire estate, but if she predeceases him his children share in equal portions.”

  “So, that includes Brent, Jessica and Joshua, right?”

  “Yes. But he didn’t identify them as his children, leaving the will open-ended who inherits as a child. What if Brent, Jessica and Joshua aren’t his only children?”

  “Ryan,” she said, a statement, not a question.

  “You told me before your sister was always secretive about Ryan’s biological father. If it is Curt, it might explain why he didn’t specifically name his children in his will.”

  “He didn’t want to go public he and Laura had a child together while his first wife was alive, and naming Ryan in the will would do just that,” she said.

  “I’m sure he changed the will after he married Laura naming her beneficiary, but it might have been an oversight to not identify his children. There was no reason to hide Ryan’s paternity any longer.”

  “Yeah…, I guess.”

  Jason said nothing for a minute, deep in thought.

  “But it might not have been an oversight, after all,” he said.

  “How’s that?”

  “Maybe he didn’t want to disclose while he was alive that he fathered a child out of wedlock. By leaving the definition of children in his will open-ended he still made sure Laura and their son controlled the company when he died.”

  “I don’t follow.”

  “Take a minute to consider the math. Curt gave forty percent of the company to Laura outright. Those shares are hers no matter what happens and pass to Ryan if she dies.”<
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  “So, without knowing Ryan might be Curt’s son, Brent’s reluctance to cooperate is to protect his family’s sixty percent ownership, doing whatever he can to keep Laura from inheriting if Curt dies. And concealing these directives might do just that.”

  “Right. So for him it’s sixty percent or nothing. But if Laura predeceases Curt, the Jennings lose their controlling interest in the company if Ryan is Curt’s son. Sixty percent divided by four equals fifteen percent. And Ryan’s forty percent if he inherits under his mother’s will, plus the fifteen percent if he inherits as Curt’s child equals fifty-five percent.”

  “A controlling ownership interest in Jennco,” Allison said.

  “Exactly. But when Curt drafted his own will, I think he failed to considered the consequences if he and Laura died together. If she didn’t tell you Curt was Ryan’s father, it would most likely leave no one who knew Ryan was his son.”

  Allison’s cell phone chirped an update. “Text from Ryan, he’s ready to be picked up from school. Want to ride along?”

  “Sure.”

  * * *

  After getting Ryan from school, Allison went into the kitchen to make him a snack and Jason returned to the den. Something didn’t look right. He was sure he left his briefcase open on the desk.

  But it was closed.

  He opened it and things were too neat, like someone had been through it and tried to replace everything the way they found it. But he usually just tossed in files, notepads and pens with little concern for order or neatness.

  He opened the desk drawer.

  “Allison, can you come here please,” he called.

  A minute later she stood in the doorway.

  “What’s up?”

  “Curt’s files are gone.”

  Chapter 27.

  “Thank you all for coming,” Dr. Cunningham said to those seated around the hospital conference room table. His audience included the three Jennings siblings, Allison and Ryan. But to the doctor’s dismay, it also included Allen Ginsburg. And following Brent’s insistence their family lawyer attend, Allison insisted Jason also attend.

  The doctor meant this to be an intimate conversation with grieving family members, not the foundation for a will contest.

  “As you all know, I have spent the last week monitoring the condition of both Curtis and Laura,” he continued as he stroked his grey goatee, his habit in uncomfortable situations. “We have performed every test available to evaluate the likelihood they will emerge from their persistent vegetative states. I am sorry to report that, in my opinion…, and you are welcome to request a second opinion…, neither Curtis nor Laura have a reasonable chance of surviving without artificial life support.”

  Allison and Ryan clasped their hands together, each with a single tear wetting their cheek. They had talked for a long time the evening before and were prepared for the news. She hadn’t shared with him the chance he might be Curt’s son, she and Jason agreed it was premature to instill warrantless hope in a fifteen-year-old boy.

  Jessica sobbed as Joshua had a melancholy smile, sad but relieved the doctor verified his initial feelings.

  Jason looked over at Brent and was sure he was fighting back expressions of relief that his family’s sixty percent Jennco ownership interest was secure.

  After pausing for a moment to allow the families to absorb what he just said the doctor continued.

  “I need you to accept Curtis and Laura will not survive and whether, and for how long, we should continue artificial life support. In reviewing each of their charts it appears we have no health care directives on file. Do either of them, or both, have a directive for how they want their end-of-life care administered?”

  “Dr. Cunningham,” Brent said, “I have been through my father’s personal files and his safe deposit box and found no such document for either my father or his wife. I have exhausted my search and have no choice but to conclude they did not execute directives.”

  “Oh…, that is unfortunate. In that case, our only alternative is to have the immediate family determine whether to remove life support. And I caution you all. It is a difficult decision and often creates conflict among family members in reaching a consensus over how their loved ones would want their end-of-life care administered.”

  Jason and Allison exchanged glances. She nodded, letting him know he should go forward with what they talked about earlier.

  “Excuse me Dr. Cunningham,” Jason said. “But Allison and I reviewed Curt’s personal files and found copies of executed health care directives for both him and Laura. Curt’s directive provided he wants no artificial life support if he is in a persistent vegetative state, while Laura’s provided all available means should be administered until her death is a medical certainty. There was a note in the file the originals were in Curt’s safe deposit box.”

  “They weren’t in the box when I accessed it,” Brent interjected. “But if you can show me the copies, I’ll do what I can to find the originals..., if they exist.”

  “I don’t have the copies. They mysteriously disappeared shortly after we found them. We were out of the house for less than an hour and someone…, someone with a key perhaps…, gained access to Curt’s home office and took them.”

  Brent had a feigned I don’t know what you are talking about expression until his lawyer intervened.

  “I’m sorry Mr. Burke, but an original, executed health care directive is all that can be relied upon to direct end-of-life care. And, without that, it is a decision left to the family.”

  “Maybe they changed their minds and tore up the originals,” Brent chimed in, receiving a shut up and let me talk look from his lawyer.

  Dr. Cunningham observed the discussion, shaking his head in disgust.

  “Or perhaps you removed them from the safe deposit box and are violating your fiduciary duty as executor of your father’s estate by withholding them. And I assume you have a key to--”

  “How dare you accuse my client of such a subversive act,” Ginsburg interrupted. “I don’t know about Minnesota, but in California the bar has high ethical standards, and such an unfounded accusation is grounds for sanctions.”

  “Even if it’s founded in truth?” Jason asked.

  Sensing the conversation was degrading into the legal pissing contest he hoped to avoid the doctor intervened.

  “Gentlemen, excuse me, please. But this is neither the time nor the place to begin such discussions. I suggest the families meet in private and determine what they want to do. This meeting is over.”

  The doctor stood and left, leaving awkward tension in a room full of adverse beneficiaries. Brent started to speak, but his lawyer stifled him.

  “I agree with Dr. Cunningham, this is neither the time nor the place. Let’s go,” he said to Brent as though he were his only client, ignoring Jessica and Joshua. Brent and his lawyer stood and left the room.

  “I’m beginning to really dislike that prick,” Jason said to Allison, unconcerned Jessica and Joshua remained seated at the table.

  “Brent or the lawyer?”

  “Both.”

  Joshua smiled as he shared Jason’s opinion of both men. After a moment he spoke.

  “Just thought I should let you guys know I’m heading back to San Francisco. Benjamin has taken a turn for the worse, he’s in the ICU at San Francisco General. He doesn’t have much time left, and I need to be with him.”

  “Oh Josh, I’m so sorry,” Jessica said as she grasped her brother’s hand. “But what about our decision whether to unplug Dad? The doctor made it clear we all have to agree.”

  Jason, Allison and Ryan sat in silence, uncomfortable they were part of an intimate family discussion.

  “Honestly…, I really don’t care anymore. In my mind he’s gone, and I have accepted that. I’m going to take whatever money I get from Dad and move to New York, start a new life. I’ll give you my proxy. Do whatever you think is right. Just don’t let Brent tell you what you think is right.”

 
; He stood, walked toward the open door and left without saying goodbye.

  Chapter 28.

  “I’m going for a swim,” Allison said after they returned to the house following the meeting at the hospital. On the way home, they dropped Ryan off at his best friend Aaron’s house for help in catching up on the homework he accumulated during his mother’s hospital bed vigil. “I just need to clear my head, dealing with that dysfunctional bunch has given me a headache.”

  “It’s only just begun,” Jason said. As she went upstairs to change into her swimsuit he walked out to the deck and sat under the umbrella at the glass-top table. A few minutes later Allison walked through the sliding glass door, wearing a bikini that left little to the imagination.

  “I won’t be long,” she said as she walked past him to the steps from the deck to the beach.

  “Okay, enjoy.”

  He paused and watched her walk across the beach, smiling at memories of their week in Mexico. After she dived into the ocean he pulled out his cell phone and called Allen Ginsburg’s office. After being told by the firm’s receptionist to “please hold” he waited for Ginsburg to answer his call. But his patience began to waiver when it was almost ten minutes before he answered.

  “Hello Allen, Jason Burke here.”

  “Hello Jason. What can I do for you?”

  “Well, it’s important that you and I sit down, lawyer-to-lawyer, to hash out the legal issues we face in sorting through this mess. I also think it will be more efficient and effective to meet one-on-one, without family members present. Today was a good example that family emotions on both sides of the table sometimes make objective discussions difficult.”

  “Hang on one minute,” Ginsburg said as he put Jason on hold again. He was sure Brent Jennings was sitting across the desk from him and hoped Ginsburg was talking him out of attending the meeting.

  “Jason,” Ginsburg replied as he returned to the call after several minutes. “I agree we should meet, sooner rather than later. I have time at ten o’clock tomorrow morning. Would that work for you, at my office?”

  “Sure, I can do that.”

  “Okay. But Brent Jennings is here in my office, and despite my request he insists on attending any meeting between us. And I guess he has the right.”