The Case of Mr. B
This blog is useful in giving some case history on unique challenges that can face the private professional fiduciary. The first case we want to share is that of Mr. B and how we helped this delightful gentleman.
Mr. B came to our attention by referral from an Ombudsman while he was living in licensed guest home. He was a Polish holocaust survivor who lost all his family to the Nazi regime and spent his youth in a concentration camp until he was liberated. He was a witness to his sister's death. She was shot in the back by the S.S. as she tried to escape. His parents were put to death. Only he and his brother were considered useful as laborers. Once liberated, he emigrated to the United States, changed his name and started a new life. He came to California, got a steady job, married, started a family, and was considered a wonderful neighbor, friend, and family man to everyone who knew him. He was thrifty and managed to save up a nice little nestegg. He had bought his own home, and by the 90s, the values of real estate in his hometown had appreciated greatly so financially, Mr. B was comfortable. As he reached his Golden Years, his wife died, his only child died, and he developed some health problems. However, his life was simple, quiet but good. Then he was stricken with cancer and required surgery. Since he lived alone, he faced convalescent care until he could care for himself. The former spouse of his only child and parent of his only grandchild, along with a "significant other" decided to make the trip to Mr. B and bring him to their home for recovery. In the course of this proposed short term recovery period, he is convinced to give over $30,000 to build on another bedroom and bathroom for him to stay and in exchange he was promised a home and care for life. Within a short period of time, he is pressured to sign over a Power of Attorney for all his finances, but he refused. He is driven out to a remote part of the country and told that if he doesn't sign over a Power of Attorney and a letter to the banks authorizing release of information and funds to this former in-law and "significant other", he would be facing charges of sexual abuse of the grandchild. Mr. B, having face greater threats in his life, stood his ground and refused because he was innocent of such allegations and was convinced that he would be able to prove it. With his refusal, the former in-law drives him over to an "old folks home" and drops him off. Then they go to law enforcement and bring a charge of sexual abuse against him. Mr. B is devastated because he is weak, elderly, adamantly innocent, and realizes that he is now abandoned far away from his home. He has no friends or family who are able to help. He shares his story with the local Ombudsman who calls us.
We met with Mr. B and agreed to help him. He was physically not well, but mentally competent to execute a nomination for a conservatorship so we could address his personal needs, investigate his financial situation, preserve and protect his estate, and tackle the criminal charges of sexual abuse. We promised him that we would be there to protect and advocate on his behalf. We discovered that at the same time he was charged with sexual abuse of the grandchild, a civil suit for personal injury was also filed against him. The demand for damages was in the millions. We worked with our attorney to get a conservatorship approved, took care of Mr. B and then set about to deal with the criminal charges. We consulted with a defense attorney, met with the District Attorney, and gathered all the necessary medical records to help prove that Mr. B was not only innocent, but he was physically incapable of such a crime. The District Attorney did not file charges against Mr. B when they discovered that they did not have any evidence in support. We were successful in dealing with the criminal charges on Mr. B's behalf, but had to address the civil complaint. We retained a litigator who assisted with objections to the civil complaint, and we set about to resolve that matter. As the civil action was brought on behalf of the grandchild, we proposed to establish a testamentary trust for the child whereby she would get everything. This was always Mr. Bs intent so it was not much effort on our part, and all we had to do was get the trust drafted. However, the parent was insistent on securing controls over the estate and the plan was rejected. While this civil action proceeded in the court system, Mr. B continued to have health problems and wanted to get his affairs in order so he asked for help to prepare up a Will, attend a synagogue and take care of his burial plans. Mr. B prepared his Will and provided that everything should go to the grandchild, and this document provided for a testamentary trust for the child. In the end, the greedy and manipulative parent of this grandchild did not succeed in blackmailing this elderly man out of his life savings after all. After Mr. B's death, the civil suit was resolved with no financial benefit to anyone except the child. It was a long and difficult challenge, but a promise is a promise. We stayed the course for the benefit of Mr. B as we assured him that we would do and with total success. He died with his good name and reputation in tact.
One of the delightful benefits to working with Mr. B was his heritage and helping him with his requests to go to Temple and take care of his burial plans. Mr. B was wonderful and that heavy Polish accent. . . he sounded like Bella Lugosi. He was hard of hearing too so everything he said was loud enough for people a block away to hear. In this area, there are very few Jewish synagogues, and not being Jewish, we were clueless about many things. However, we got help. We contacted one synagogue, and met with the Rabbi. We got the information and made arrangements to personal transport and attend the services with Mr. B. This congregation is of modest size in attendance, but the people were warm, welcoming and wonderful. We loved the Rabbi who not only embraced Mr. B but, he taught us, directed us and advised us on every aspect of the religion so we could help Mr. B. Mr. B hoped for our conversion before he died. . . if the truth be known. We had so many interesting and positive experiences with this part of Mr. B's life and he was truly happy. In no time, he was considered a treasure with this congregation and he offered the blessing on the bread every Friday's service. When he died, the Rabbi was wonderful to help us to conduct a proper burial for Mr. B. The Rabbi treated us as family and instructed us on the traditions and time tables. We only had one request and that was from Mr. B who didn't want dirt and rocks thrown in his face. We assume that was a fear that came from his youthful experience in a concentration camp. And so it was done as Mr. B requested.
As a private professional fiduciary, we meet new challenges regularly, but we meet some of the most wonderful individuals. Mr. B was one of those who generated warmth, humor, kindness and love. He loved to take pictures with his camera, he loved to sing, he loved people and he loved his culture and faith. He was a sharing type of person. Despite his hardships in life and surviving the horrors of the Holocaust, he was a ray of sunshine, a delight to know, and gave greater meaning to our lives just for being Mr. B.
Mr. B came to our attention by referral from an Ombudsman while he was living in licensed guest home. He was a Polish holocaust survivor who lost all his family to the Nazi regime and spent his youth in a concentration camp until he was liberated. He was a witness to his sister's death. She was shot in the back by the S.S. as she tried to escape. His parents were put to death. Only he and his brother were considered useful as laborers. Once liberated, he emigrated to the United States, changed his name and started a new life. He came to California, got a steady job, married, started a family, and was considered a wonderful neighbor, friend, and family man to everyone who knew him. He was thrifty and managed to save up a nice little nestegg. He had bought his own home, and by the 90s, the values of real estate in his hometown had appreciated greatly so financially, Mr. B was comfortable. As he reached his Golden Years, his wife died, his only child died, and he developed some health problems. However, his life was simple, quiet but good. Then he was stricken with cancer and required surgery. Since he lived alone, he faced convalescent care until he could care for himself. The former spouse of his only child and parent of his only grandchild, along with a "significant other" decided to make the trip to Mr. B and bring him to their home for recovery. In the course of this proposed short term recovery period, he is convinced to give over $30,000 to build on another bedroom and bathroom for him to stay and in exchange he was promised a home and care for life. Within a short period of time, he is pressured to sign over a Power of Attorney for all his finances, but he refused. He is driven out to a remote part of the country and told that if he doesn't sign over a Power of Attorney and a letter to the banks authorizing release of information and funds to this former in-law and "significant other", he would be facing charges of sexual abuse of the grandchild. Mr. B, having face greater threats in his life, stood his ground and refused because he was innocent of such allegations and was convinced that he would be able to prove it. With his refusal, the former in-law drives him over to an "old folks home" and drops him off. Then they go to law enforcement and bring a charge of sexual abuse against him. Mr. B is devastated because he is weak, elderly, adamantly innocent, and realizes that he is now abandoned far away from his home. He has no friends or family who are able to help. He shares his story with the local Ombudsman who calls us.
We met with Mr. B and agreed to help him. He was physically not well, but mentally competent to execute a nomination for a conservatorship so we could address his personal needs, investigate his financial situation, preserve and protect his estate, and tackle the criminal charges of sexual abuse. We promised him that we would be there to protect and advocate on his behalf. We discovered that at the same time he was charged with sexual abuse of the grandchild, a civil suit for personal injury was also filed against him. The demand for damages was in the millions. We worked with our attorney to get a conservatorship approved, took care of Mr. B and then set about to deal with the criminal charges. We consulted with a defense attorney, met with the District Attorney, and gathered all the necessary medical records to help prove that Mr. B was not only innocent, but he was physically incapable of such a crime. The District Attorney did not file charges against Mr. B when they discovered that they did not have any evidence in support. We were successful in dealing with the criminal charges on Mr. B's behalf, but had to address the civil complaint. We retained a litigator who assisted with objections to the civil complaint, and we set about to resolve that matter. As the civil action was brought on behalf of the grandchild, we proposed to establish a testamentary trust for the child whereby she would get everything. This was always Mr. Bs intent so it was not much effort on our part, and all we had to do was get the trust drafted. However, the parent was insistent on securing controls over the estate and the plan was rejected. While this civil action proceeded in the court system, Mr. B continued to have health problems and wanted to get his affairs in order so he asked for help to prepare up a Will, attend a synagogue and take care of his burial plans. Mr. B prepared his Will and provided that everything should go to the grandchild, and this document provided for a testamentary trust for the child. In the end, the greedy and manipulative parent of this grandchild did not succeed in blackmailing this elderly man out of his life savings after all. After Mr. B's death, the civil suit was resolved with no financial benefit to anyone except the child. It was a long and difficult challenge, but a promise is a promise. We stayed the course for the benefit of Mr. B as we assured him that we would do and with total success. He died with his good name and reputation in tact.
One of the delightful benefits to working with Mr. B was his heritage and helping him with his requests to go to Temple and take care of his burial plans. Mr. B was wonderful and that heavy Polish accent. . . he sounded like Bella Lugosi. He was hard of hearing too so everything he said was loud enough for people a block away to hear. In this area, there are very few Jewish synagogues, and not being Jewish, we were clueless about many things. However, we got help. We contacted one synagogue, and met with the Rabbi. We got the information and made arrangements to personal transport and attend the services with Mr. B. This congregation is of modest size in attendance, but the people were warm, welcoming and wonderful. We loved the Rabbi who not only embraced Mr. B but, he taught us, directed us and advised us on every aspect of the religion so we could help Mr. B. Mr. B hoped for our conversion before he died. . . if the truth be known. We had so many interesting and positive experiences with this part of Mr. B's life and he was truly happy. In no time, he was considered a treasure with this congregation and he offered the blessing on the bread every Friday's service. When he died, the Rabbi was wonderful to help us to conduct a proper burial for Mr. B. The Rabbi treated us as family and instructed us on the traditions and time tables. We only had one request and that was from Mr. B who didn't want dirt and rocks thrown in his face. We assume that was a fear that came from his youthful experience in a concentration camp. And so it was done as Mr. B requested.
As a private professional fiduciary, we meet new challenges regularly, but we meet some of the most wonderful individuals. Mr. B was one of those who generated warmth, humor, kindness and love. He loved to take pictures with his camera, he loved to sing, he loved people and he loved his culture and faith. He was a sharing type of person. Despite his hardships in life and surviving the horrors of the Holocaust, he was a ray of sunshine, a delight to know, and gave greater meaning to our lives just for being Mr. B.
posted @7:20 AM
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