Chapter 14: The Second Trust
Samuel asked Catherine not to touch the folder again.
He wanted the original documents preserved and collected through the proper legal process.
But theHe wanted the original documents preserved and collected through the proper legal process.
But the words she had just spoken wouldn't leave my mind.
*Before Barbara words she had just spoken wouldn't leave my mind.
Before Barbara discovers the second trust.
I had spent the last several days learning about Frank's property trust.
Now someone discovers the second trust.*
I had spent the last several days learning about Frank's property trust.
Now someone was claiming there was another one.
When we reached Samuel's office, he called Thomas Bell.
Thomas listened was claiming there was another one.
When we reached Samuel's office, he called Thomas Bell.
Thomas listened carefully.
Then he said, "Frank had only one completed trust involving Unit 604.""
"Could carefully.
Then he said, "Frank had only one completed trust involving Unit 604.""
"Could there have been an earlier version?"" Samuel asked.
"Yes. But an earlier there have been an earlier version?"" Samuel asked.
"Yes. But an earlier draft would not override the executed document.""
"What about a second trust?""
There draft would not override the executed document.""
"What about a second trust?""
There was a pause.
"I would need to review the records.""
Thomas agreed to was a pause.
"I would need to review the records.""
Thomas agreed to come over.
Catherine arrived with the folder less than an hour later.
It was a thick black come over.
Catherine arrived with the folder less than an hour later.
It was a thick black binder.
She placed it on Samuel's desk.
"I didn't know what else to do.""
He examined the binder.
She placed it on Samuel's desk.
"I didn't know what else to do.""
He examined the outside.
"Where exactly did you find this?""
"In Richard's office, behind outside.
"Where exactly did you find this?""
"In Richard's office, behind a locked cabinet. I found the key in his desk drawer.""
"Did you remove anything?""
"Only a locked cabinet. I found the key in his desk drawer.""
"Did you remove anything?""
"Only the folder.""
Samuel nodded.
"Thank you for telling us.""
Daniel opened the binder.
The first section the folder.""
Samuel nodded.
"Thank you for telling us.""
Daniel opened the binder.
The first section contained property valuations.
The second contained company documents.
The third contained copies of identification and authorization contained property valuations.
The second contained company documents.
The third contained copies of identification and authorization forms.
Then we found a document with Frank's name.
It was titled:
forms.
Then we found a document with Frank's name.
It was titled:
Property Continuity Agreement — Preliminary Beneficial Interest.
I recognized theProperty Continuity Agreement — Preliminary Beneficial Interest.
I recognized the title immediately.
It looked like the draft Daniel had shown us earlier.
But this version contained additional pages.
title immediately.
It looked like the draft Daniel had shown us earlier.
But this version contained additional pages.
One paragraph suggested that Richard Collins could act as property administrator following FrankOne paragraph suggested that Richard Collins could act as property administrator following Frank's death.
Another described a possible transfer of management rights to Coastal Comfort.
At the's death.
Another described a possible transfer of management rights to Coastal Comfort.
At the bottom was a signature that looked like Frank's.
I felt sick.
"Is this real?""
Thomas bottom was a signature that looked like Frank's.
I felt sick.
"Is this real?""
Thomas arrived before Samuel could answer.
He examined the document for several minutes.
Then he shook arrived before Samuel could answer.
He examined the document for several minutes.
Then he shook his head.
"This is not the executed trust.""
"Could Frank have signed it?"" I asked his head.
"This is not the executed trust.""
"Could Frank have signed it?"" I asked.
Thomas turned the page toward the light.
"The signature appears similar, but I cannot authenticate it from a copy.""
Samuel.
Thomas turned the page toward the light.
"The signature appears similar, but I cannot authenticate it from a copy.""
Samuel pointed to the date.
"Look at the witness section.""
There were two names.
One was Richard Collins pointed to the date.
"Look at the witness section.""
There were two names.
One was Richard Collins.
The other was an employee of a company that had been dissolved several years earlier.
Thomas frowned.
The other was an employee of a company that had been dissolved several years earlier.
Thomas frowned.
"Frank would not have completed this document without me reviewing it.""
"Could it be an earlier proposal?"".
"Frank would not have completed this document without me reviewing it.""
"Could it be an earlier proposal?"" Daniel asked.
"Possibly. But there is something else.""
Thomas pointed to a paragraph near the bottom.
It Daniel asked.
"Possibly. But there is something else.""
Thomas pointed to a paragraph near the bottom.
It referred to a property administrator being appointed only after the owner became unable to manage personal referred to a property administrator being appointed only after the owner became unable to manage personal affairs.
I stared at the words.
"That's why they were collecting information about my memory.""
Samuel nodded slowly affairs.
I stared at the words.
"That's why they were collecting information about my memory.""
Samuel nodded slowly.
"That is one possible explanation.""
The document didn't establish.
"That is one possible explanation.""
The document didn't establish that I was incapable.
It didn't establish that Richard had any authority.
But it showed that that I was incapable.
It didn't establish that Richard had any authority.
But it showed that someone had been preparing a route to claim control if they could persuade others that I needed someone had been preparing a route to claim control if they could persuade others that I needed assistance.
Thomas examined the paper edges.
Then he looked at the final page.
"Barbara, this document was created after assistance.
Thomas examined the paper edges.
Then he looked at the final page.
"Barbara, this document was created after Frank's actual trust.""
"How can you tell?""
"The legal reference Frank's actual trust.""
"How can you tell?""
"The legal reference in the footer. This clause was added in a later revision of the in the footer. This clause was added in a later revision of the template.""
Samuel leaned forward.
"Can you determine when?""
Thomas template.""
Samuel leaned forward.
"Can you determine when?""
Thomas checked the printed metadata included in the binder.
"Not from this copy alone. But the checked the printed metadata included in the binder.
"Not from this copy alone. But the file reference suggests it was prepared approximately seven months ago file reference suggests it was prepared approximately seven months ago.""
Daniel looked at Harper's old notes.
Seven months ago.
The same period when.""
Daniel looked at Harper's old notes.
Seven months ago.
The same period when the account had been opened in his name.
The same period when Richard's list began documenting potential property transfers.
I felt my hands the account had been opened in his name.
The same period when Richard's list began documenting potential property transfers.
I felt my hands tighten.
"Did Richard create this?""
Thomas studied the initials in tighten.
"Did Richard create this?""
Thomas studied the initials in the bottom corner.
"R.C.""
Catherine covered her mouth.
"Richard.""
the bottom corner.
"R.C.""
Catherine covered her mouth.
"Richard.""
Samuel asked her whether Richard had ever discussed the document.
She shook her head.
Samuel asked her whether Richard had ever discussed the document.
She shook her head.
"He told me Frank had left him certain rights. He said the"He told me Frank had left him certain rights. He said the family had agreed to honor them.""
"Did he show you this?""
"No.""
"Did family had agreed to honor them.""
"Did he show you this?""
"No.""
"Did he ask you to sign anything?""
Catherine hesitated.
Then she opened her he ask you to sign anything?""
Catherine hesitated.
Then she opened her handbag and removed a folded paper.
"Actually, yes.""
She placed it on the desk.
handbag and removed a folded paper.
"Actually, yes.""
She placed it on the desk.
It was a declaration stating that Catherine had witnessed Frank agreeingIt was a declaration stating that Catherine had witnessed Frank agreeing to a future property management arrangement.
The signature line was blank.
Catherine looked ashamed to a future property management arrangement.
The signature line was blank.
Catherine looked ashamed.
"Richard told me it was just a confirmation of a conversation. I.
"Richard told me it was just a confirmation of a conversation. I refused to sign it because I wasn't present when he spoke to Frank.""
Samuel refused to sign it because I wasn't present when he spoke to Frank.""
Samuel examined the paper.
"Did anyone else sign it?""
"Harper.""
Daniel examined the paper.
"Did anyone else sign it?""
"Harper.""
Daniel's face changed.
"Harper signed as a witness?""
Catherine nodded.
"She said she had heard the conversation too.""
Thomas shook's face changed.
"Harper signed as a witness?""
Catherine nodded.
"She said she had heard the conversation too.""
Thomas shook his head.
"That doesn't make the agreement valid.""
I looked at the document.
"Why would they need Catherine's his head.
"That doesn't make the agreement valid.""
I looked at the document.
"Why would they need Catherine's signature if they already had Frank's?""
Samuel answered carefully.
"Because the document they were signature if they already had Frank's?""
Samuel answered carefully.
"Because the document they were relying on may not have been sufficient. They may have been trying to create supporting evidence after the fact.""
Catherine began to relying on may not have been sufficient. They may have been trying to create supporting evidence after the fact.""
Catherine began to cry.
"I should have told you sooner.""
I reached across the desk and touched her hand.
"You came here. That's cry.
"I should have told you sooner.""
I reached across the desk and touched her hand.
"You came here. That's what matters now.""
Then Samuel's phone rang.
He answered, listened, and stood what matters now.""
Then Samuel's phone rang.
He answered, listened, and stood.
"Where?""
He wrote something down.
"Don't.
"Where?""
He wrote something down.
"Don't allow anyone to remove the records. We'll be allow anyone to remove the records. We'll be there.""
He ended the call.
"What happened?"" I asked.
"Melissa received a call from the building's there.""
He ended the call.
"What happened?"" I asked.
"Melissa received a call from the building's security office.""
"About the condo?""
"Someone submitted another access security office.""
"About the condo?""
"Someone submitted another access request.""
My stomach tightened.
"Who?""
"Richard Collins.""
"After everything?""
Samuel nodded.
"He claims request.""
My stomach tightened.
"Who?""
"Richard Collins.""
"After everything?""
Samuel nodded.
"He claims he has authority under the preliminary agreement.""
Daniel stood.
he has authority under the preliminary agreement.""
Daniel stood.
"He's trying again.""
Samuel picked up his briefcase.
"Melissa has refused access. But there's"He's trying again.""
Samuel picked up his briefcase.
"Melissa has refused access. But there's a complication.""
"What complication?""
"The request includes a document stating that Barbara has a complication.""
"What complication?""
"The request includes a document stating that Barbara has voluntarily appointed a property administrator.""
I stared at him.
"I never appointed anyone.""
voluntarily appointed a property administrator.""
I stared at him.
"I never appointed anyone.""
"I know.""
He handed me a copy.
The document carried"I know.""
He handed me a copy.
The document carried my name.
My address.
And a signature.
Mine.
At my name.
My address.
And a signature.
Mine.
At least, it looked like mine.
The date was from three months earlier.
I read the declaration.
It least, it looked like mine.
The date was from three months earlier.
I read the declaration.
It stated that I had voluntarily appointed Harper Collins as my representative for property management, stated that I had voluntarily appointed Harper Collins as my representative for property management, rental arrangements, and potential sale negotiations.
There was a witness signature beneath it.
Daniel's.
He looked at the rental arrangements, and potential sale negotiations.
There was a witness signature beneath it.
Daniel's.
He looked at the page.
Then he shook his head.
"I never signed this.""
Samuel examined the page.
Then he shook his head.
"I never signed this.""
Samuel examined the document.
"Is there a notary stamp?""
I looked.
There was.
document.
"Is there a notary stamp?""
I looked.
There was.
A small blue stamp in the lower corner.
Thomas leanedA small blue stamp in the lower corner.
Thomas leaned closer.
"That's unusual.""
"Why?"" I asked.
"Because the notary's commission number belongs closer.
"That's unusual.""
"Why?"" I asked.
"Because the notary's commission number belongs to someone who retired two years ago.""
Catherine began trembling.
Samuel to someone who retired two years ago.""
Catherine began trembling.
Samuel took photographs.
Then Daniel noticed the final line.
He read it aloud.
"Effective took photographs.
Then Daniel noticed the final line.
He read it aloud.
"Effective immediately, the appointed representative may act without further consultation with the property owner.""
I looked at the date immediately, the appointed representative may act without further consultation with the property owner.""
I looked at the date again.
Three months earlier.
The same month Harper began telling people I was forget again.
Three months earlier.
The same month Harper began telling people I was forgetful.
The same month Richard's company started collecting property information.
And the same month someone opened a bank account inful.
The same month Richard's company started collecting property information.
And the same month someone opened a bank account in Daniel's name.
Samuel placed the document inside a protective sleeve.
"This is now a separate matter Daniel's name.
Samuel placed the document inside a protective sleeve.
"This is now a separate matter.""
I looked at him.
"Can they use it to take my.""
I looked at him.
"Can they use it to take my condo?""
"No. But we need to act quickly to establish that it is fraudulent and prevent anyone from relying on condo?""
"No. But we need to act quickly to establish that it is fraudulent and prevent anyone from relying on it.""
He called the building manager.
Then he contacted the notary's regulatory office.
Thomas began it.""
He called the building manager.
Then he contacted the notary's regulatory office.
Thomas began preparing an affidavit confirming that the document had never been reviewed or executed through preparing an affidavit confirming that the document had never been reviewed or executed through his office.
Daniel sat down.
"Mom, how did they get your signature?""
I thought about the forms his office.
Daniel sat down.
"Mom, how did they get your signature?""
I thought about the forms I had signed over the years.
Insurance renewals.
Maintenance authorizations.
Medical paperwork.
The property information release Harper had I had signed over the years.
Insurance renewals.
Maintenance authorizations.
Medical paperwork.
The property information release Harper had asked me to sign.
Then I remembered something.
Three months earlier, Harper asked me to sign.
Then I remembered something.
Three months earlier, Harper had brought a stack of papers to my condo.
She said they were required had brought a stack of papers to my condo.
She said they were required to update the building's emergency contact records to update the building's emergency contact records.
I had signed the first page.
She had taken the rest away.
I looked at Daniel.
"She had my signature.""
He closed.
I had signed the first page.
She had taken the rest away.
I looked at Daniel.
"She had my signature.""
He closed his eyes.
Samuel turned toward me.
"Do you remember what the other pages contained?""
"No.""
"Do his eyes.
Samuel turned toward me.
"Do you remember what the other pages contained?""
"No.""
"Do you remember whether you signed more than one document?""
"I remember signing a few pages. I thought they were administrative forms.""
Samuel you remember whether you signed more than one document?""
"I remember signing a few pages. I thought they were administrative forms.""
Samuel nodded.
"We'll need to obtain the original packet.""
Catherine suddenly spoke.
"Richard has it nodded.
"We'll need to obtain the original packet.""
Catherine suddenly spoke.
"Richard has it.""
Everyone turned.
"What?"" I asked.
She wiped.""
Everyone turned.
"What?"" I asked.
She wiped her eyes.
"I saw him put the papers into a blue envelope. He said he needed to keep them safe until the transfer.""
Samuel her eyes.
"I saw him put the papers into a blue envelope. He said he needed to keep them safe until the transfer.""
Samuel stood.
"Where is the envelope now?""
Catherine looked toward the door.
"At our stood.
"Where is the envelope now?""
Catherine looked toward the door.
"At our house.""
Then her phone rang.
Richard's name appeared on the screen.
She answered without speaking.
house.""
Then her phone rang.
Richard's name appeared on the screen.
She answered without speaking.
His voice came through immediately.
"Where are you?""
Catherine looked at usHis voice came through immediately.
"Where are you?""
Catherine looked at us.
"I'm with Barbara.""
Silence.
Then Richard said, "You need.
"I'm with Barbara.""
Silence.
Then Richard said, "You need to come home.""
"I'm not coming home until you explain what you've to come home.""
"I'm not coming home until you explain what you've done.""
His voice became cold.
"You don't understand what you're interfering with.""
Catherine swallowed.
"Did you done.""
His voice became cold.
"You don't understand what you're interfering with.""
Catherine swallowed.
"Did you forge Barbara's authorization?""
Richard didn't answer.
Instead, he said:
forge Barbara's authorization?""
Richard didn't answer.
Instead, he said:
"If you don't bring that folder back tonight, you'll regret it.""
The call ended.
Catherine"If you don't bring that folder back tonight, you'll regret it.""
The call ended.
Catherine stared at her phone.
Samuel reached for his briefcase.
"Nobody goes to that house alone.""
stared at her phone.
Samuel reached for his briefcase.
"Nobody goes to that house alone.""
But before we could leave, another message arrived on my phone.
It came from an unknown number.
There was a photograph attached.
It showed the blue envelope CatherineBut before we could leave, another message arrived on my phone.
It came from an unknown number.
There was a photograph attached.
It showed the blue envelope Catherine had described.
And beneath it was a handwritten note.
*The had described.
And beneath it was a handwritten note.
The original authorization is inside. So is the document that explains why Richard needed Barbara's signature.
original authorization is inside. So is the document that explains why Richard needed Barbara's signature.*
I enlarged the photograph.
The envelope was lying on a desk.
Beside it was a secondI enlarged the photograph.
The envelope was lying on a desk.
Beside it was a second sheet of paper.
At the top were the words:
*Beneficial Ownership sheet of paper.
At the top were the words:
Beneficial Ownership Transfer — Final Execution Copy.
And at the bottom was Transfer — Final Execution Copy.*
May you like
And at the bottom was a date.
November seventeenth.
