Love And Inheritance

"That is still to be determined, sir. Your father was very explicit in his instructions for those funds. They are held in a trust and won't be available for complete and final distribution for at least the next five years. There are certain people who have to take a specific action for those funds to be disbursed. At the end of the period explicitly stated in the will and trust documents any funds remaining in the trust will be distributed according to the will."

"What people and what actions do we have to take in order to receive those funds?"

"I am not allowed to discuss that sir. The people who may receive those funds are not aware of the potential inheritance and they are not aware of the actions they must take in order to trigger the payments. These funds are available to those individuals if they take certain actions of their own free will, not just so they will receive those undistributed funds."

"That's a total crock. We'll see about that. I demand you either tell us how we can obtain those funds now or you disburse them to me immediately."

"No, sir. I cannot do that. Now, if there is nothing else I believe this meeting is over."

"There certainly is something else. You will be hearing from my attorney about this."

"You certainly may go that route if you so desire, however, I must tell you, the will is very specific. Should anyone who is a beneficiary of this estate choose to contest the will their inheritance is reduced by the cost of defending the distributions. In other terms, if you contest the will all costs associated with that action will be borne by the person who files the action, their inheritance will be decreased by that amount. Now, since you have indicated you plan to dispute the will, I cannot make any distributions until I have a signed document from each of you that they do not intend to dispute the distributions."

The people still in the office became upset with Mr. Lowery when the attorney said that. They almost all turned on him and complained loudly about the delay he caused in the distribution. His daughters and sister were especially critical. You could still hear them arguing as they crossed the parking lot.

Mr. Lowery's attorney looked over the copy of the will he was given and told his client that his best interests would be served if he did not contest the will. He said there was little to no chance their suit could prevail. Finally, after much grumbling, Jason's father decided to accept the distribution. He and everyone who was a beneficiary signed the required documents and the attorney began transferring the property. Jason's father, however, began a campaign designed to discover what actions had to be taken by whom in order to obtain distribution of the remaining funds.

Jason and Sue had been married two months before they received any further correspondence from the attorney about his grandfather's estate. The estate had finally been settled after his father decided not to contest the will. Jason inherited the old family home and the 20 acres on the lakeshore as his first correspondence said he would. His father, Aunt, and sisters received the rest of the estate less those items given to friends and long time employees and the amount set aside for later disbursement by the estate if certain conditions were met within five years of the estate settling.

Jason smiled when he read the letter and hugged Sue. He explained the correspondence to her and said, "At least we'll have a place to live when we go back to the mainland. I can finish my degree at the university at home and we can live in the old house. I suppose we'll have to make some repairs if we live there, but unless something has happened in the last five years the old house is structurally sound. I know gramps kept up on the maintenance and repairs while I was home anyway. I really like it here but I can't see living here the rest of my life."

"That's great, honey. I like it here, too, but I can learn to like it there as well, I bet. Dad's time is almost up and I don't think he intends to reenlist. He and mother were talking about retiring at the end of this enlistment. He'll have been in 26 years by then and he says it's time to do something else. She's from San Diego but I don't think they'll go back there to live. I don't think they've decided where they'll live. He was raised in North Carolina but he doesn't sound too interested in going back to his boyhood home."

Finally, Jason's enlistment was up. They shipped their household belongings back to his old hometown for storage until he found a place to live. They were flying out in a week. They spent the last week before he returned home with Sue's parents. Just before they boarded the aircraft Jason shook Hank's hand and said, "When you get out, come see us. You're welcome to stay as long as you want. There'll be plenty of room. I don't know what I'll find when I get home, but five years ago the house would have been livable with just a lot of cleaning even though it was woefully out of date."

Jason and Sue arrived at his hometown late on a Tuesday evening. They had rented a car at the airport a little over an hours drive away from his hometown and drove home. They checked into a hotel and crashed. At ten a.m. the next morning they had an appointment with the attorney to get the keys and paperwork on the property. Jason was looking forward to seeing the old place again and dreading it at the same time. He was afraid to find it damaged and forlorn. He knew there would be a lot of work during the next few months if he decided to live there.

The attorney seemed surprised Jason was married. He spent several minutes discussing the marriage and getting information about Sue. He asked for a copy of the marriage license. Jason told him it was in storage or transit with the remainder of their possessions. "I really need proof of your marriage. Will you sign a form that will allow me to obtain a copy of the document?"

"Of course, but what does my marriage have to do with all this?"

"I'm not at liberty to say right now. Basically, we need to document your marriage and even your education to comply with the proper distribution of assets from the estate."

Jason was becoming upset when the questioning finally ended. The attorney apologized for taking the time, but explained once again he needed the information to help settle the estate. Jason said, "I thought you told me the estate was settled. Now you say you need these items to help settle the estate. Which is it?"

"A little of both, I'm afraid. The estate is settled. However, there is a trust fund set up containing a portion of the estate's assets. From time to time, I, as the trustee, have the obligation to disburse some of those funds and I occasionally need further information before I can make that distribution.

"Ok, I don't see what all this has to do with the trust funds, but I'll take your word for it."

In addition to the hoopla about his marriage, Jason noticed the attorney also seemed pleased he was almost through college and was planning on living in the old house while he completed his degree. All things considered, the meeting went well and Jason and Sue were driving onto the property before noon. Sue saw the house and exclaimed, "It's beautiful, honey. And look at the water and shore! Oh, I love it."

Jason looked over at her in shock before he said, "I guess. It looks sort of decrepit to me. I don't know if we can even afford to repair the old place enough to live in it while I finish college."

"Oh, I know it needs some work but look at this old house! The design is just perfect. It looks like it belongs there. All it needs is a good cleaning and some TLC I'm sure."

Jason took Sue on the tour, showing her the dock, out buildings and grounds first, then they went into the house. As he walked around he took notes of the things he saw that needed repair. He categorized them as much as he could, prioritizing the repairs. To his relief, there was no indication the roof leaked and none of the windows were broken although they all should be replaced. They were all single pane and old style as were the doors. Much of the glazing was missing on the windows too. He did find some soft spots in boards where they had decayed, but on the whole, the old house appeared to be very sound.

After they completed their walk through, Jason and Sue sat on the old porch (the house was two story and had a covered porch on all sides) and talked about the work. They decided to redo the kitchen, downstairs bathroom, and dining room first so they could move into the house quickly. They would use the dining room for a bedroom until the master suite was renovated. They would work on the downstairs first before tackling the upper story. There were 4 bedrooms, a bathroom, and lounge on the second floor plus two bedrooms in the attic. There were two bedrooms downstairs (one was the master bedroom with an en suite bath), the kitchen and dining room, a living room, and library, as well as a small room off the kitchen for the cook's use. There was a full bath and an old butler's pantry on the ground floor as well.

The first afternoon they were home, Jason and Sue got his old truck running and cleaned it out, did minor maintenance on it, and began getting the small tractor and mower ready to cut the grass and maintain the yard and garden area.

On the second day he was home, Jason bit the bullet and went to the family owned bank in town. He needed to give them his new mailing address and add Sue to the signature card. He dropped Sue off at the local Wal-Mart to do her shopping while he took care of the banking. He hoped his father didn't see him while he was at the bank but that hope was not to be. He was walking toward the teller's cage when his father came out of his office and saw him.

Jason stood in the middle of the room and watched as his father crossed the lobby to him. He said, "Hello, Dad."

"So, you decided to come home, I see. Do you have a job yet?"

"No, I've only been home two days. I'm going to finish college before I find full time work. I suppose I'll have to find something part time to help with expenses. I'll have my GI Bill to help though."

"So, where are you living? You want to get rid of the old house and land? I suppose we can help you out there if you do. I was surprised you got it in the will. I would be willing to give you $40,000 for it right now, as is. That would be enough to pay for most of your college tuition."

Jason laughed and said, "I don't think so. Even I know that place with the lake frontage is worth more than that even without a house on the property. I wouldn't be surprised if the place wasn't worth ten times that. It doesn't matter though; I'm not interested in selling it to you or anyone else. I'm going to live there, at least until I finish college."

"You're making a mistake, boy. You think about it. That's a lot of money for a young person just starting out. Besides, what would you do with it? I have the contacts and finances to develop that property and turn it into a real moneymaker."

"Yeah, I guess you do. It's always about the money with you isn't it, Dad? Well, forget it. Gramps and I were happy there with the place just as it is now. I'm not interested in seeing houses all over it."

Jason was so upset he just turned and left the bank. He decided he would move his account to a different bank.

After he found Sue at the store they loaded her purchases into his truck and returned home. They took the rental car back to the airport and turned it in, and then went to Lowe's to purchase some building materials so they could begin working on the their house. Sue was excited about the kitchen area and insisted they retain the old cabinets, wainscoting, and other built in décor in the kitchen and dining room. She did consent to installing a hidden modern dishwasher and new range and refrigerator. They decided all the old features would be kept and restored where possible throughout the house.

It took them a week to just strip down the kitchen, dining room, maid/cooks bedroom, butler's pantry, and the downstairs bathroom. The next week they pulled the old plumbing and wires out, re-wired and re-plumbed the rooms they were working on. It took another three weeks for them to replace bad boards, insulate the rooms outer walls and refinish them. They were now nearly out of money and had to stop purchasing supplies to repair the old house. This didn't stop them from preparing the remainder of the rooms for eventual refurbishment.

By the time school started the young couple only had a smidgen over $3,000 in the bank. This was not a horribly low amount, however, because Jason's GI bill payments would begin when he returned to college full time. Sue was going to find a job and work to supplement their income and savings. They would work on the old house during the winter as time and finances allowed.

The week before college classes began Jason received a phone call from the attorney's office. He requested he and Sue come to his office to discuss "some matters dealing with the estate of your late grandfather". The lady who called either couldn't or wouldn't tell him what the meeting was about other than they needed to discuss some matters dealing with the estate as she said before.

When Jason and Sue arrived at the attorney's office they were ushered into a meeting room. The attorney and his PA shook their hands and invited them to be seated. As soon as they were comfortable and had refreshment of their choice the attorney began speaking. He said, "Thank you for coming into the office. I'm sorry we couldn't be more specific about the purpose of this meeting but our hands were tied. We have to follow the requirements of your grandfather's last will and testament and the trust documents in this matter.

"Now, as you know, you inherited the old house and the 20 acres on which it sits along with all the outbuildings. What you don't know, and what we were not allowed to tell you when we had our initial meeting, is that your grandfather funded some other bequests if and only if certain criteria were met. If the criteria for the disbursement of the remaining funds from the estate are not met, the balance is to be donated to the local senior citizens organization of which your grandfather was a member at the end of 5 years from the settlement date of the estate.

"I'm pleased to tell you that some of the requirements for disbursing part of these funds have been met. Your grandfather left instructions that if you marry within five years of his death you are to receive a wedding gift of $20,000." The attorney handed Jason a check for that amount and continued talking, "The delay in disbursing these funds was caused by two things. We did not know you married until after you returned home several weeks ago. We then had to verify your marriage by contacting the entity issuing and recording your marriage license. Unfortunately, the State of Hawaii took quite some time to send us the required information.

"Another bequest is now payable also. You were to receive another $30,000 if you voluntarily returned home and began living on the property you inherited. This bequest would not be payable until you had lived on the property for at least three months straight. You have now met that requirement so here is another check for $30,000.

"The third requirement for the disbursement of funds was that you attend college. If you go to college and work toward a degree of any kind the estate will pay all your necessary college expenses for you and your wife while you are still in college full time. This means the estate will reimburse educational expenses you incurred while you were attending college in Hawaii. It also means the estate will pay your college and living expenses for your current enrollment. All you have to do is submit proof of the expense. There is a monthly stipend for living expenses of $1,000 while you are in college full time. The stipend is prorated if you are a less than full time student. There was some delay obtaining proof of your out of pocket expenses for the classes you took in Hawaii. This check is for the amount you personally paid for coursework done in Hawaii plus the monthly stipend for living and other miscellaneous expenses."

Jason and Sue were sitting in shock. Finally she reached out and hugged him. There were tears in the corners of her eyes. Jason looked at the pile of checks in front of him. He didn't know what to say. They went from worrying where their next meal would come from to being almost independently wealthy. Well, not really, but there was roughly $80,000 laying on the desk in checks with Jason's name on them.

Jason looked up and said, "I, I don't know what to say."

The attorney smiled and said, "There isn't much to say. You did all this on your own. The bequests were not to be paid out unless you did certain things on your own. We were not allowed to tell you about the pending funds. You had five years in which to make the decisions that would trigger the fund disbursement. You have done so and I have disbursed the funds currently payable."

"Wait. You mean there's more? What else do I have to do?"

"Yes, there is more. There is funding available for your further education as I previously mentioned. There are sufficient funds in trust to meet all the financial requirements for some time. As for anything else that may or may not be covered by the will, I cannot say. Time will tell. Do you have any other questions?"

"No. No questions. I just don't know what to say."

"Well then, I'll wish you a good day, sir. I hope we'll see you again, soon. As you have educational expenses, send us proof of them and we will reimburse you. You will receive your monthly stipend by deposit to your bank account after you document your enrollment and continued attendance at college. I assume you will use your current account here in the bank?"

"Oh, no, probably not. I don't think I want my finances open to review by my family and, as you know, they own the local bank and many of them work there. I'll bring you the bank information for the bank I use now."

Instead of going home from the attorney's office as he planned to do, Jason and Sue drove 40 miles to the next large town to deposit the checks into the account he opened when he returned home. Neither of the young people could believe the way their fortune had turned.

On the way back home Sue grabbed the deposit slip and looked at it once again. With her eyes glistening she turned to Jason and said, "I just can't believe this honey. What are we going to do with all this money? Can we keep working on the house now? Please? If you don't mind can I not find a job and just do the things I can do on the house then, when you have time, you can help me."

Jason thought as he drove another mile or two. He said, "I suppose that would be ok. Neither of us has to work for a while I guess. Between my GI bill payments and the money we will receive from the estate to live on we'll get by fine. We might even be able to save some of it. Hell, I know we can save some of it. Even if we decide to move off after I finish college the place will sell better if it's already been completely remodeled. Yeah, let's keep on working on it.

Three days later when Jason got home from school he found his parents and sisters standing in the yard with an angry looking Sue. Hell, neither of his parents looked all that happy, either. He stopped his old truck where the driveway came the closest to the gathered family members and got out. He had walked almost halfway to the group when his father burst out, "It's about damn time you got here. Why were you given all that money from the estate? Why wasn't I told about the payments in the first place? Its bad enough you managed to finagle your way into ownership of this land, but taking money from the estate is outrageous. When the will was read we were told the only thing you would inherit was this house and the 20 acres its on. Now I find out you have collected over $80,000 from the funds withheld because of some weird requirement your grandfather put in his will."