Chapter 7 - The Missing Settlement
Our casts came off before the legal cases made sense.
That felt unfair.
Bodies healed faster than files.
Physical therapy became our routine.
Sarah drove.
Noah complained.
I pretended not to hurt.
Our therapist called that “competitive stupidity.”
Fair.
At the same time, a new financial issue surfaced.
After the crash, the auto insurer issued provisional medical payments for us.
Because we were minors, certain larger settlement funds were supposed to be protected and court supervised.
Richard told us:
“Your hospital bills ate everything.”
Not true.
Hospital bills were largely paid by health insurance and medical payments coverage.
A separate $96,000 provisional settlement for pain, rehabilitation, and future care had been negotiated but not finalized.
Richard attempted to have himself appointed guardian of the funds.
The insurer refused without court order.
That was one reason he had pursued temporary guardianship so aggressively after Mom died.
Megan found emails.
Richard to insurer:
I am the boys’ only remaining parent and should control settlement funds.
Insurer:
Please provide adoption decree or guardianship appointment.
Richard:
I have raised them nine years.
Insurer:
We require legal documentation.
He had not adopted us.
He was our stepfather.
Mom’s death did not transform him automatically into legal parent.
Temporary guardianship gave him care authority.
Not ownership.
Then a draft petition from Marlow Legal Group requested appointment of Richard as guardian of our estates.
It estimated expected insurance proceeds:
$450,000 combined.
Why so high?
Because Richard intended additional claim for permanent impairment.
Our doctors had not predicted permanent disability.
Both of us were expected to recover.
He had exaggerated.
Megan said:
“Courts would require support.”
“So he couldn’t just take it.”
“No.”
“Then why?”
“People attempt things.”
The pattern was becoming clear.
Richard had debt.
Mom planned separation.
He wanted control of money linked to us.
He needed me blamed for crash so his own liability would be minimized and life insurance released.
He needed guardianship so he could present himself as the responsible adult.
Then the bedroom abuse exposed him.
No grand mastermind.
A series of selfish decisions stacked until they became something larger.
The insurance company froze all minor settlements pending appointment of an independent guardian of property.
Court selected a professional fiduciary, Ohio Guardianship Services? We haven't set state. Let's establish we are in Franklin County, Ohio, Columbus suburbs. Fine. Use Buckeye Fiduciary Services maybe fictional. Independent.
Sarah remained guardian of our persons.
Professional conservator handled settlement funds.
That protected her too.
Richard could no longer claim she wanted our money.
Then Richard’s lawyer offered mediation.
He would consent to Sarah’s guardianship if:
We withdrew certain statements about the crash.
Sarah stared.
“What statements?”
Megan read.
“Ethan agrees he cannot reliably remember whether he touched the steering wheel.”
I laughed.
“That’s not withdrawal. That’s rewriting.”
Megan nodded.
“And Noah agrees not to testify regarding argument before crash unless subpoenaed.”
Noah said:
“No.”
Sarah asked:
“What does he want in return besides guardianship?”
“Resolution of no contact order and property access.”
“What property?”
“The house.”
Mom’s trust house.
Richard’s ninety day occupancy right had already expired.
Trustee Sarah had served notice.
He wanted extension.
Why?
His business equipment was stored in garage.
We allowed supervised retrieval.
Not residence.
Mediation ended in nineteen minutes.
Richard remained out.
Then police found the actual phone call he had been making before crash.
Not audio.
The person.
Kevin Marshall, his business partner.
Kevin initially said he remembered nothing.
Carrier records showed a four minute call ending twelve seconds before impact.
After subpoena and immunity negotiations? Too much. He gave statement through counsel.
Richard had been furious.
Talking about Mom leaving.
Kevin said Richard told him:
“She thinks she can take the boys and the house and leave me with debt.”
Kevin heard Mom yelling in background:
“Put the phone down.”
Then line cut.
Kevin called back twice.
No answer.
He had never told police because nobody asked.
That sentence mattered.
May you like
Investigations fail not only because people lie.
Sometimes no one knows which question to ask.
