It's Complicated - Part 23 "The Executor"

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 It's Complicated  

Part
 
Twenty Three

 

"The Executor"

 

 
This is the seventh book in the Tamara's Tales (formerly Tommy & Tamara) series. For the whole saga visit Tamara's Tales
 

 
Friday 8th January 2016
 

Tammy's day started with a text message from Pru suggesting she check an email. Glancing at the clock, it was still six thirty whilst only the glow of street lighting was penetrating the curtains.

Tammy was sharing with Alison, who had also now woken due to the beeping of Tammy's phone, and the sudden brightness in the room.

"Ugh!"

"Sorry, I need my laptop to check an email and that meant putting on the light."

"Okay, I'll grab the shower." If Alison was upset, she didn't show it.

Tammy acknowledged Pru's text then got to work.

From: Pru Campbell
To: Tammy Smart
Date: Friday 8th January 2016
Subject: Schedule

Hi Tammy,

your father asked that I send this early today rather than last night. I've been able to reschedule some appointments and you can now see the O'Shaughnessy family solicitors at nine.
 
Wilkinson & Thompson
63 Market Street
Stourbridge
DY8 1AQ
 
Mr Chris Wilkinson is expecting Daisy & Finlay, Alison, yourself and Mrs Smart. I have received confirmation from the Official Solicitor that Mrs Smart has temporary parental status in respect of the children, a copy is attached and I have faxed this to Mr Wilkinson. Cathy McPherson has now made a foster application and has received an acknowledgement. Alison has permission to speak on Cathy's behalf.
 
You are also expected at the studio at eleven, where a representative of Grants Solicitor will meet you.
 
Assuming that these meetings go ahead as scheduled, your plane will be waiting at Birmingham Airport for departure at 5pm. I have however kept your rooms available for a second night as a precaution. Please let me know of any changes.
 
Pru

Tammy sent a quick reply thanking Pru. A few minutes later Alison was back out of the shower so Tammy took her turn.

Florence looked a little upset when she arrived for breakfast, accompanied by her sister and Joan.

"It's my birthday but I can't say anything!" She whispered. "We'll do something when we get back, promise!"

Daisy was dressed as, well, Daisy. Tammy and Kevin looked around the room in case of trouble but there were no obvious threats.

They finished breakfast by eight, with John and Tanya being the last ones down.

"Tanya, you're here as you offered to do the make-up!"

"So?"

"We have a meeting at nine, it looks like Florence will be there but we need her looking older. Daisy needs a makeover too, more androgynous perhaps?"

"What about my breakfast?"

"You can have that afterwards."

"Hey!"

"Tanya, you offered your services and accepted a free ride as well as a free hotel bed. John came along even though he's not strictly needed and it hasn't cost you a penny."

Tanya Smith went back upstairs, Alison gathered the children and followed Tanya.

Tammy and Kevin went over the day's schedule, Gilly Harris sat next to them but was really observing the room.

"So we only need the children, yourself and your mother for the first meeting?"

"Plus Alison now."

"Okay, what about everyone else?"

"We'll need Florence at the studio, I guess with my mum, Alison and myself?"

"There's plenty of unnecessary bodies here!"

"Tanya has her uses but John is spare. He was supposed to go to see his parents but I don't know what went wrong there?"

"Apparently they've gone away for the weekend, he said so last night in the bar."

"The bar? Were you in there?"

"Yes, keeping an eye on whoever arrived late."

"I see. Here's an idea, why don't John and Tanya go to the airport and wait?"

"That's too exposed, and isn't Tanya known to Martina Gore?"

"So that's a non-starter?"

"Yes, you should be aware that I'll also be with you as you can't protect that group on your own. Perhaps the others just stay here, with Gilly? You said the room reservations are okay for tonight?"

"Then, it;s agreed, they stay here and we leave town as a single group."

It wasn't long before Florence returned, looking closer to eighteen than sweet sixteen. Daisy was in leggings, a baggy pullover and looked maybe eleven or twelve rather than thirteen; still a girl though.

Tammy briefed everyone individually, Tanya wasn't happy about being cooped up.

"But ...?"

"Sorry Tanya, if you're recognised then we're all at risk."

A taxi was organised for the short journey to Market Street, an eight seater in order to cope with the group.

"Good morning, I'm Chris Wilkinson."

They were in the solicitor's private office. Tammy introduced everyone, except Kevin who was sat in the waiting area, next to another man who had already arrived.

"So this is Finlay and Daisy?"

"Finlay is Florence today, Mr Wilkinson, as we have some security concerns."

"Of course, but I've never met the children so I have no confirmation they are as you state."

Joan reached into her bag and retrieved two passports along with three school library and identity cards.

"Their passports were issued at the beginning of the summer. This is Daisy's ID card, along with Finlay's and Florence's. Finlay and Florence have the same details apart from the name."

Chris Wilkinson examined the documents, Florence leaned over to speak to Joan.

"When was that done?"

"We replaced a few cards earlier this week, I had a spare one for you made up in case you stay as Florence."

"Oh."

The solicitor seemed satisfied, "now can I establish the bona-fides of the others present?"

That took a few minutes as the solicitor also asked if he could photocopy each of the identifying documents. Kevin was concerned when he saw the traffic in and out of the solicitor's office and put his head in the room.

"Is everything okay, Miss Smart?"

"Yes, Kevin, Mr Wilkinson is just establishing who we all are."

The solicitor's clerk now returned with all the documents, gently shutting the door as she left, with Kevin back in the waiting area.

"Now, thank you for bearing with me. Given the nature of this case, I needed to be certain whom I was dealing with." He paused, then pressed the intercom for his clerk. "Could you ask Mr Kincaid to join us?"

The man who had been sat near Kevin now came in. "This is Mr Michael Kincaid, he is named as the executor and I've been in touch with him several times since we heard of Fergal and Sonia's passing."

Mike Kincaid introduced himself as a family friend but Tammy spotted blank looks from Florence and Daisy.

"I'm sorry Mr Kincaid, but if you are a friend of the O'Shaughnessy family then the children should know you." Tammy wasn't happy.

He blustered, "It was years ago, the girls wouldn't remember."

"Mr Wilkinson, what's the date of the latest will?"

"May of this year."

"Then, Mr Kincaid, who the hell are you?"

That was loud enough for Kevin to enter the room, barring the exit with his body. Chris Wilkinson was somewhat perturbed.

"What is going on?"

Tammy spoke: "I strongly believe that this gentleman is not the Executor."

"Well, I don't know who any of you are!"

Kevin produced his warrant and identified himself, Tammy reached into her bag but didn't withdraw her weapon.

The man gave in, he didn't fancy the odds.

"I've been hired to find out about the will, I'm an investigator."

"Well, congratulations, you've managed to commit fraud, allegedly of course." Kevin read the caution then phoned the local control room for transport.

"Who's with you?"

"No-one, this case stinks and I'm interested. The real Mike Kincaid died about a month ago."

"How come you were here today?"

"I was called, I left my phone number with the clerk a week ago. I never meant any harm, just wanted to hear what was behind the story."

Tammy clipped her bag shut and checked on the girls. Alison was clearly concerned, as was Joan, but Florence and Daisy were watching as if it was a TV crime show happening right in front of them.

No-one spoke for the next few minutes, before Kevin handed his prisoner over to two local officers. "I'll be along in about two hours to deal with him."

Chris Wilkinson was apologetic. "I'm sorry, truly sorry. If you want to transfer to another solicitor then I'll fully understand."

"You were duped, had you met the real Mr Kincaid?"

"No, we did everything by phone, email and fax."

"Well, nothing was disclosed."

"But, the Executor hadn't finished dealing with the estate. There's probably much more to do."

"So we can't have full disclosure today?"

"I'm afraid not, I was hoping the Executor would be able to give me an update as I had last heard from him in December."

"Apart from Finlay and Daisy, are there any other beneficiaries?"

"No, but it is clear that their parents wrote reciprocal wills but there is no allowance for the loss of both."

"I'm sorry, Mr Wilkinson, but what does this mean for the children?"

"It's a mess, but not an insurmountable one."

"What liquid assets have been identified?"

"Both the children have trust funds and the values of several investments are in an account here awaiting instruction."

"The children need money, can ten percent of that fund be transferred to each of them?"

"I can't see why not. Do Finlay and Daisy concur?" They nodded.

"How much is that?" Asked Florence.

"Five thousand pounds each."

Daisy seemed to be pleased, but Florence was concerned. "Just five K?"

"Not everything has been concluded, I'm only going by the amounts available. In this case it was a fifty thousand pound bond. Some of the shares and stocks haven't yet been sold and the Executor was looking for other accounts."

"How do we proceed?" Tammy was wondering if this could have been achieved with just a phone call.

"You need to appoint a new Executor."

"Well, can you do it?"

"Yes, but?"

"Can you?"

"Of course, but what about oversight?"

"Keep in touch with my PA, we'll keep an eye on things."

"Okay, but the beneficiaries must agree?"

Again Florence and Daisy nodded agreement, although this was beyond their experience.

"I'll have my clerk fax a document for signature."

"If she can be trusted to send it to the right number?"

"Quite, my apologies again."

Tammy wasn't happy, not by a long way, but there was a severe limit to what they could achieve given the circumstances. She glanced at a clock on the wall, it was approaching ten o'clock.

"Coffee?"

They took a taxi back to the hotel, arranging to be picked up just before eleven.

"What's going to happen, Kevin?"

"We'll deal with the studio then I have to go to Brierley Hill Police Station, that's the nearest West Midlands custody suite."

"Far?"

"Fifteen in a car, probably less."

"This is all a bit weird."

"Fraud is fraud, it comes in many forms. He might claim he had no pecuniary advantage but could have, in theory, manipulated the will to his own advantage. Question is, who hired him? And why?"

Tanya had been fixing the girls' make-up whilst Kevin and Tammy talked. Gilly was staying with the girls as they moved around the hotel.

Their taxi driver was the same one who'd picked them up just before nine. "Where to now?"

"Riverside."

"The hotel?"

"No, the recording studio."

"Oh, you're a girl band?"

They laughed but didn't correct him. The driver looked at Kevin, "you must be their manager?"

They pulled up exactly at eleven, but the flashing blue lights indicated there was a problem.

"Tammy, I'll check this, go back now!"

Police had sealed the area around the studio entrance, but there was a limit to what any of them could see as the taxi made a return trip.

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Comments

Thanks , Shiraz,

'another interesting episode and you have us sitting on the edge of our seats, as usual :) The mystery deepens !

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First time I have ever heard

First time I have ever heard a jail cell being called a custody suite; even tho we do refer to jails as "the gray bar hotel". :-)
These poor kids (spirit only, not financially) are really having a hard time right now. They can't even have a few quiet moments to have their parent's wills read and acted upon. Glad Tammy picked up on the fake executor right away and he got arrested.
Will be interesting in who hired him and why. Most investigators I know don't just go out and start investigating something for 'laughs', they wish to be paid to do so.

Custody Suite

Tammy certainly keeps finding trouble!
Within the United Kingdom not all police stations have provision to hold prisoners. Larger stations have cells in which prisoners can be held. These suites include full time staff and supervisors that maintain the records of the prisoners and what offences they are charged with. Maybe just an overnight stay prior to a magistrates court appearance or released after payment of a fine or penalty notice. Prisoners intended for court at a later date may be released on bail or transferred to a remand prison.

Doldrums

Things are never dull when Tammy's about. I haven't quite decided, is she drawn to trouble, or is trouble drawn to her. A bit of both, I suspect.

Okay, who hired the private dick? I know he is supposed to observe the client's confidentiality and all that rot, but if I was put into the position of committing a felony I wouldn't hesitate to tell all. However, his one comment ( . . . this case stinks and I'm interested.) made me wonder if some scandel rag isn't fishing for a story. I suspect he has more than a passing interest in what's going on.


"Life is not measured by the breaths you take, but by the moments that take your breath away.”
George Carlin

Scandal Rag...

The news media was my first thought too when he said that. But if they were shifty enough to hire a fake Kincaid, I'd think they'd get a reporter to do it rather than pay an investigator. (I suppose it could be a friend-of-a-friend kind of thing with minimal pay, which would even open up the possibility of a freelancer working on spec, which is a possibility I like better than an actual print sheet or website.)

Eric

Agreed with you on that, but

Agreed with you on that, but even a freelancer would be cheaper than hiring a normal PI to do the work. Even then it would put the paper at huge risk for a lawsuit and investigation, it just doesn't make sense to risk everything for a small gain.

To me, it smells a lot like this is another one of the Gore infiltration attempts. Something bad is going to happen soon.

I'm told STFU more times in a day than most people get told in a lifetime

I'd agree but . . . .

I've seen RL incidents where the scandel rags have done almost this exact thing. In one case a "reporter" attempted to impersonate a doctor to read the patient chart of a minor, looking to show that the child was an illegitimate child of some star that tried to kill it to protect the star's reputation.

These yellow journalists count on their victims wanting to avoid bad publicity even if it is a bogus story. It used to be that the studios feared the negative image so would persuade the star to drop it. But in the last ten years or so some have pursued libel suits that have proved costly to the rags.


"Life is not measured by the breaths you take, but by the moments that take your breath away.”
George Carlin

wow!

good thing they spotted the phony

DogSig.png

Nothing Was Disclosed?

Well, not about the will. But Finlay's cover as Florence has now been blown, or will be as soon as our shady investigator gets out on bail and checks in with whoever hired him. Even if the fake Kinkaid himself doesn't know it (he called the kids "the girls", though I'm not sure what else he could have called them under the circumstances), his employers should figure it out as soon as he tells them there were two girls present along with at least one law enforcement official.

Was this really an important enough side issue for the enemy that they'd kill the real Kincaid just to get access, or did they just take advantage of a lucky coincidence? (Or is the impostor lying about the real Kincaid being dead, and he's still out there but unaware that anything's happening because they've pre-empted his communications?)

Eric

Been thinking about this

This person wasn't in the room when the introductions were made. All he knows for sure is that there were two girls sitting there. The person getting his report may know that there is supposed to be a boy and a girl, but which is which? For all they know two ringers could have been brought in, both girls because that was all they could get on short notice. So the doubt still lingers.


"Life is not measured by the breaths you take, but by the moments that take your breath away.”
George Carlin

Power Of Attorney

joannebarbarella's picture

An Executor to a Will needs a signed/countersigned Power Of Attorney. Most often, this has been organised through the firm of solicitors who drew up the Will in the first place (not always of course). The solicitor (attorney) should be very careful in checking the validity of the POA and the identity of the person purporting to hold it. In this case they clearly failed in their duty and that, on its own, is sufficient grounds to dismiss them from administering the provisions of the Will. In fact they should disqualify themselves.

I do understand that the offer was made and there are exceptional circumstances involved. It was not envisaged that both parents would die simultaneously and that their Wills were reciprocal. The children need liquid funds so a delay is not in their favour. Still, Tammy is quite right to be uncomfortable with the arrangement.

It certainly is complicated!

RE: Power Of Attorney

Not necessarily. I don't know Scots law, but I was the Personal Representative (Oklahoma's term for the Executor) for both my father and his wife (not my mother), both of whom passed separately in Tulsa. No power of attorney was required; the living trust and each will named me to administer the estate. Scots law is not the same as English law, neither is the same as any of the 50 different laws in the USA, and probably not identical to Australia, either. Does each state and territory in Australia have their own laws relating to inheritance?

One small question

Jamie Lee's picture

The group is spirited away from Elsie's home only to find themselves landing at a military. Then at a hotel to wait for the executor meeting the following day.

The executor turns out to be an investigator, a phony, and is taken away by the police. Only one small question needs answered, how'd he learn of the time and date of the meeting? Who provided the information, or was it posted in the papers? And who does he work for?

Others have feelings too.