Chapter 14 - The Trust Was Never His
Richard’s biggest civil argument collapsed quietly.
He claimed marital rights in Mom’s house.
The trust deed predated marriage.
Mom transferred house into revocable trust before marrying him.
Prenuptial agreement classified it as separate property.
Richard signed.
He had forgotten? No.
He knew.
At probate hearing, his lawyer did not seriously contest ownership.
Instead, Richard sought reimbursement for improvements he paid.
Roof.
Kitchen remodel.
HVAC.
Some legitimate marital contributions.
Sarah as trustee agreed to mediated reimbursement of documented separate funds where law required.
Approximately $32,000.
Not zero.
That irritated me.
“He abused us and gets money?”
Megan said:
“Property rights don’t disappear because someone is bad.”
I hated that.
Fair.
Trust paid approved reimbursement after offsetting unpaid occupancy expenses.
Net:
$18,400.
Richard received.
No dramatic “he gets nothing.”
Law is not morality points.
The trust remained ours.
Current value after market movement:
$1.72 million.
House equity separate.
At eighteen, we would not suddenly receive all cash.
Terms:
Education and health distributions.
At twenty five, partial principal.
At thirty, further.
Sarah trustee until independent successor? Mom named Sarah until younger twin turns 25, with corporate co-trustee if assets exceed threshold. Sarah petitioned early for co-trustee due conflict; court appointed Midwest Fiduciary Bank as administrative co-trustee.
Good.
No one could later claim Sarah was stealing.
Richard’s guardianship financial motive weakened once jury/court understood he never could freely spend trust.
But insurance settlements still mattered.
The minor settlements were placed into restricted accounts overseen by fiduciary.
No Richard.
No Sarah personal control.
Closed.
Then the life insurer filed interpleader action.
$750,000 policy.
Richard beneficiary.
If convicted of feloniously causing Mom’s death, Ohio slayer law could prevent recovery depending judgment.
The insurer asked court to hold funds until criminal case finished.
Contingent beneficiaries?
Noah and me.
If Richard disqualified, proceeds likely pass to us under policy/statute.
Richard’s lawyer argued financial motive accusations prejudicial.
Criminal judge limited references carefully.
Prosecution could establish that Richard knew insurance consequences and pressured Ethan to provide false statement, relevant to attempted insurance fraud/intimidation.
They could not argue:
He crashed deliberately to get insurance.
No evidence.
Important.
I told Dana:
“Thank you.”
“For what?”
“Not making him a murderer if you can’t prove it.”
She looked surprised.
“You’re growing up.”
“Don’t ruin it.”
She smiled.
Then she warned:
May you like
“Trial will still hurt.”
She was right.
