Sunday, November 25, 2007

When Life Turns Upside Down....

As the oldest of three siblings, I have all the traits of the "eldest child." I've always been the caretaker, the problem-solver, the perfect child, etc. I can't say that is a role that I have always relished, but it's the role I have forever played. I've never doubted my ability to fulfill that role; in fact I've often prided myself in being the one who solved all the problems. I was the stable one with all the answers. Yes - I am woman, hear me roar!

Until the day almost three years ago when life as my siblings and I knew it ceased to exist and we found ourselves on a fast track to hell with no brakes. Allow me to give you the framework of our trip into the recesses of hell. My brother, Mike and I were raised by the same father and mother. My sister Kathy was given up for adoption when she was born. Mike and I never even knew about her until we were all in our twenties. But by the time my father died suddenly and unexpectedly in February of 2005, Mike, Kathy and I were as close, or closer, than siblings who were all raised together. We all had the same mother, but our mother had divorced my dad many years before. The woman who was his wife at the time is someone none of us ever managed to feel any connection with. By the time Pearl married my dad; she had been a widow twice already and let's just says her lifestyle was financed by her dead husband's estates. She must have been losing her touch though, because after 10 years of marriage to my dad, the marriage was going south and he had long since stopped generously sharing his money with her. Shortly before he died, he was life-flighted to a hospital better able to care for him. None of us were allowed to ride in the helicopter with him. Mike drove Pearl the two hour trip to the hospital and after listening to her rage for nearly the whole time about the "new will your dad hasn't signed yet," he finally told her it wasn't the proper time to be talking about that and asked her to shut up. Dad did make it out of the hospital, but was very ill and unable to care for himself at all. Pearl promptly left on a cruise saying she couldn't very well be expected to lose all the money she had spent on the cruise, could she? Mike was Dad's constant caretaker during those few days, as well as taking over all responsibilities at Dad's manufacturing business. On a day when Dad had felt well enough to leave the house with Mike to get soup from a nearby restaurant, Mike settled Dad in with his lunch and left for the shop with a promise to be back soon to check on him. He arrived back to find Dad slumped in the bathroom. The paramedics were called, but he was gone. Mike made the unbearable call to me. I called my sister, Kathy and we immediately made arrangements to fly to West Texas to be with Mike. Pearl was unreachable for several days. She had left no contact number. We were shattered. Dad was only 66.

Somehow, we all made it through the next few days. We made it through the funeral and even made it through the spectacle of my step-mother at the service parading around the front of the church telling everyone about the diamonds my dad bought her while they were married. We only thought we were in hell at that time. That was soon to come.

We never found a will. The notebook in Dad's office Mikeed "Will and Pre-Marital Agreement" was empty. The file folder in Dad's filing cabinet flagged "Last Will and Testament" was empty. The fire safe where my dad had told me years earlier that he kept a copy of his will contained a lot of things, but no will. Pearl made a point of taking me to her bank and showing me the inside of the safe deposit box that she shared with Dad - no will. Pearl's will was there, but not my dad's. Mike and I searched pointlessly for several months to no avail. No will ever showed up.

In the meantime, my brother continued running Dad's business, continued doing business with the same people, the same bank, everything the same as when Dad was alive and he and Dad were running the business together. Business was booming, Mike had no time to grieve. But he and I comforted ourselves with how proud Dad must be of how Mike was not just handling, but prospering the business. It was a small measure of comfort.

Pearl told Mike and me over and over again that there was no need for any of us to hire lawyers. She reasoned that we shouldn't give our money to lawyers when we could all just agree how the estate was to be divided. She begged, she cajoled, she insisted - no lawyers. Foolishly, we listened. She hired a lawyer. She was appointed administrator of the estate. Mike and I scrambled to find a lawyer and somehow managed to choose the worst lawyer ever to practice estate law in West Texas.

Mike's wife developed a brain tumor. She fought for her life, Mike held on by his fingernails and Pearl and her lawyer continued to work their plan. Mike's wife had surgery, the tumor was successfully removed. She lost her hearing, but her life was spared.

The bank that the business used (Pearl's bank) began to find new and inventive ways to make it difficult for Mike to do business. Coincidentally, Dad's former business partner decided he too would like to build the same kind of tanks Dad's business built. All he needed was the shop, the equipment, the materials and the shop personnel with the know-how and his company too could make the money Mike was making with Dad's business. And after all, the business was tied up in probate. It would be a community service to provide another company that could ease the burden of all that business that fell on Mike's shoulders. As luck would have it, they too were customers of the same bank. The banker was surprisingly accommodating.

In June of that year, another blow. Mike's wife's mother died suddenly. I flew up for the funeral. It was too soon, too reminiscent. My big, strong brother fell to his knees at the back of the church and almost couldn't go on. Somehow, we got through it.

Mike continued running the business, fighting the bank, fighting off the would-be hostile takeovers from former business partners while at the same time consoling his grieving wife who was still recovering from a brain tumor. Pearl meanwhile paid no estate bills, filed no inventory, and met suspiciously with the banker on a nearly daily basis. Suddenly, at the height of one of the busiest times of the year for the business, a severe cash flow shortage developed. And then a few weeks later, another one. This continued to happen for several months. Mike's wife decided to have the secretary/treasurer teach her about the books and accounting functions for the business. Too little, too late. The secretary was secretive, had everything password-protected and was down-right unhelpful. When ordered to reveal the passwords, she would comply and then promptly assign new secret passwords before the next morning. Admittedly, Mike was too shell-shocked to fight that battle and I was too far away to be of any help.

In November of 2005, Mike had reached his limit. He closed the business, turned everything over to the banker and retreated into himself. I hired a high-powered Houston probate attorney and went after Pearl, the bank, the business partner and everyone else I could think of. We managed to have Pearl removed as administrator and myself appointed as successor administrator. We discovered that the former business partner had been operating out of my dad's closed business which was ostensibly in possession of the bank. The banker pleaded ignorance, of course. We were making some progress, nevertheless. And then in February of 2006, our mother died. It was not expected and was, as with my dad and my sister-in-law's mother - quite sudden.

We all hit a brick wall at this point. Then the FBI showed up. The friendly hometown banker was claiming that my brother had defrauded his bank of some $464,000 by submitting false invoices to the bank. The court-appointed lawyer advised my brother to plead guilty in exchange for a slap on the wrist and the promise of probation and no jail time. It didn't seem to matter to her in the least that the claims were false, no such crime had occurred. She turned a deaf ear to our explanation that this was a scheme cooked up by the friendly banker and the former business partner who wanted the business. She never investigated the assets that were turned in to the bank by my brother and were sold by the bank with no accounting to the probate court or application to any debt owed by the business to the bank. Mike was threatened by the FBI agents that if he didn't take the plea, he would probably serve 30 years and be assessed a $1 million fine. He was mentally, emotionally, physically and spiritually empty and he was terrified. Our entire world had been turned upside down over the previous year and a half. It wasn't much of a stretch for him to believe that he could very possibly end up in prison for 30 years even though he was innocent. So he took their deal. They lied. He got 15 months in prison.

Oh, and by the way, the bank refused to accept any payments from the estate on the business loan. They foreclosed on the business and the friendly banker made a deal with the business partner who now owns the business. The friendly banker knows that I know what he did. He knows that I keep tabs on him. I know that what goes around, comes around and that it may not be me or my brother or anyone I even know. But someday, just like OJ, all of this will catch up with him. And with the former business partner as well.

My brother and I aren't the kind of people who take revenge. We weren't raised that way and we know that vengeance is mine, sayeth the Lord. Being the problem-solving, I-can-fix-this eldest child that I am, I've had a difficult time letting go of this. I didn't for a long time. My sister and I investigated the hell out of everyone involved. We found a computer whiz who recovered the sabotaged hard drive on my dad's computer and we researched the accounts, emails, documents and every bit of drivel on both computers we had from my dad's company. We know more than a little about everyone and everything ever associated with my dad's business. We talked to more lawyers than I ever hoped to in my entire life. I almost lost my sanity over this. I finally had to let it go. I finally heard that still, small voice telling me I had done all I could do. That voice of God that said, "And having done all, stand." So now I stand. I stand in the knowledge that this is no longer my battle and that the One who fights this battle is just and fair, unfettered by the injustices of this world. And the One who now fights this battle is to be feared.

Reflections

The past two years have been challenging ones for me and my family. There were times when I wanted to do the ostrich routine and just stick my head in the sand, let time and circumstance pass me by. But I've never been one to take the path of least resistance. Quite the contrary, I've always rushed headlong into the fray. If there was a fight to be fought, a cause to be championed, a wrong to be righted, I was there to lead the way. Here she comes to save the day!!
As this chapter in my life seems to be coming to a close, I have found myself in a reflective mood. I've learned many things in these two years, made any number of mistakes, bitten off more than I could chew several times, and finally, managed to muddle through to the other side of an experience that I wouldn't wish on my worst enemy. I won't say that I have seen that much-ballyhooed light at the end of the tunnel, but there does seem to be the glimmer of something resembling dawn on the horizon. In light of that (pun intended), here are some of the things I have learned:

I've learned that it really is darkest before the dawn. And that dawn can be a long time coming. In fact, dawn can be so slow in arriving, that you can forget what dawn even feels like or looks like. There can be so many levels of "darkness", each one heralding an ever deepening shade of midnight, that you start to believe that darkness is all there is. But there is always a dawn. Always. So no matter what happens, know that dawn is coming. Wait for it.
I've learned that, contrary to what I've always believed, I'm really not the Keeper of the Universe. Thank goodness - what a load off my mind.
I've learned that bad things do happen to good people. And that it's not always possible to fix it. What is possible is helping each other up off the ground, and then learning - together - to put one foot in front of the other and keep walking. Eventually you will walk far enough away from that bad thing that it will no longer be the biggest thing in your life. It will actually start to recede and even become just a bad memory.
I've learned that sometimes the worst that could happen, does happen. When it does, there is still life left to live after that. But you have to choose to live it.
I've learned that Let go and let God isn't just a time-honored cliche'. It's really good advice. Some things just have to be let go. After that, it's not your problem anymore, it's His. He's better equipped to handle it anyway.
I've learned that there are times when I've done all I could do and I need to quit searching for the next step. There isn't one. I really have done all that I can do. The rest is up to God and anything else I do just gets in His way.
I've learned that I don't know everything. As a matter of fact, I've now discovered that although I do know a lot, the scales are tipped in favor of the things I don't know. So the quest for knowledge goes on...and on. That's a good thing.
I've learned that I can lean on others and it's not a weakness. It's a strength. Wish I had learned this one a long time ago.
I've learned that although there are a lot - A LOT - of bad things in life, there are just as many good things and, dare I say it, maybe even more good things than bad and I need to start looking for them.
I've learned that the conventional wisdom that tells us to spend more time with family, laugh more, stop and smell the roses, appreciate the little things in life, really is wisdom in its purest form.
I've learned that my grandson's smile is my complete undoing. And the sound of my granddaughter's laughter is the best cure for whatever ails me.
I've learned that watching my children build successful lives of their own is more reward than I ever could have wished for.
I've learned that a good man is indeed hard to find. And that I need to hang on to him.
I've learned that old friends really are the best friends. They're time-tested.
I've learned that my sister is my hero.
I've learned that my brother is one of the bravest people I've ever known. And that he's my other hero.
I've learned that I don't have to be the best, the brightest, the smartest, the most anything. I just have to be me. Even though I still have a hard time believing that's enough at times.
I've learned that it's easier to wrap your trials around you like a blanket than it is to throw them off and set your face to the sun. Yet again, conventional wisdom holds true. Easier usually isn't better.
I'm thankful for the life lessons these past months have taught me. More thankful still that the anger and bitterness that threatened to overwhelm me have instead been replaced by a gentle wisdom that is even now reshaping my too trite, too smug approach to this life. There are lessons yet to be gleaned, knowledge yet to be absorbed. This I know. And I wait.

Disenchanted

I received the following commentary in an email a few days ago. According to the email, it was written by Jay Leno, but the true author is a man by the name of Craig R. Smith. It was published on WorldNetDaily.com on Thanksgiving 2006. Upon reading it, I took exception to the simplistic view presented which seemed to me to say that because Americans are some of the most blessed people in the world (and assuredly we are), we should all just count those blessings and keep our mouths shut. This commentary would have one to believe that those of us who choose to look a little closer are simply malcontents who just need to get onboard the Good Ship Lollypop. My response to this is that, along with some 67% of other Americans, I have glimpsed below the glittering surface to discover that America does indeed have some ugly “warts” on her shining exterior. Though I would love to believe that all is well, that our work is done here and we can now rest easy, I believe that to be an irresponsible view. The rainbow is fading, the pot of gold is a little tarnished and there is work yet to do. My “rebuttal” is posted at the end of the following commentary, additionally; I have posted my sister’s defense of my rebuttal. My hope is that these words spark not only discussion, but independent thought as well. Happy reading!

The other day I was reading Newsweek magazine and came across some poll data I found rather hard to believe. It must be true given the source, right?The Newsweek poll alleges that 67 percent of Americans are unhappy with the direction the country is headed and 69 percent of the country is unhappy with the performance of the president. In essence 2/3s of the citizenry just ain't happy and want a change. I being the knuckle dragger I am, I started thinking, ''What we are so unhappy about?''Is it that we have electricity and running water 24 hours a day, 7 days a week? Is our unhappiness the result of having air conditioning in the summer and heating in the winter? Could it be that 95.4; percent of these unhappy folks have a job? Maybe it is the ability to walk into a grocery store at any time and see more food in moments than Darfur hasseen in the last year?Maybe it is the ability to drive from the Pacific Ocean to the Atlantic Ocean without having to present identificationpapers as we move through each state? Or possibly the hundreds of clean and safe motels we would find along the way that can provide temporary shelter? I guess having thousands of restaurants with varying cuisine from around the world is just not good enough. Or could it be that when we wreck our car, emergency workers show up and provide services to help all and even send a helicopter to take you to the hospital.Perhaps you are one of the 70 percent of Americans who own a home. You may be upset with knowing that in the unfortunate case of a fire, a group of trained firefighters will appear in moments and use top notch equipment to extinguish the flames thus saving you, your family and your belongings. Or if, while at home watching one of your many flat screen TVs, a burglar or prowler intrudes, an officer equipped with a gun and a bullet-proof vest will come to defend you and your family against attack or loss. This all in the backdrop of a neighborhood free of bombs or militias raping and pillaging theresidents. Neighborhoods where 90 percent of teenagers own cell phones and computers.How about the complete religious, social and political freedoms we enjoy that are the envy of everyone in the world? Maybe that is what has 67 percent of you folks unhappy.Fact is, we are the largest group of ungrateful, spoiled brats the world has ever seen. No wonder the world loves the U.S., yet has a great disdain for its citizens. They see us for what we are. The most blessed people in the world who do nothing but complain about whatwe don't have, and what we hate about the country instead of thanking the good Lord we live here.I know, I know. What about the president who took us into war and has no plan to get us out? The president who has a measly 31 percent approval rating? Is this the same president who guided the nation in the dark days after 9/11? The president that cut taxes to bring an economy out of recession? Could this be the same guy who has been called everyname in the book for succeeding in keeping all the spoiled ungrateful brats safe from terrorist attacks?The commander in chief of an all-volunteer army thatis out there defending you and me? Did you hear how bad the President is on the news or talk show? Did this news affect you so much, make you so unhappy you couldn't take a look around for yourself and see all the good things and be glad?Think about it......are you upset at the President because he actually caused you personal pain OR is it because the "Media" told you he was failing to kiss your sorry ungrateful behind every day. Make no mistake about it. The troops in Iraq and Afghanistan have volunteered to serve, and in many cases may have died for your freedom. There is currently no draft in this country. They didn't have to go. They are able to refuse to go and end up with either a ''general'' discharge, an ''other than honorable'' discharge or, worst case scenario, a ''dishonorable'' discharge after a few days in the brig.So why then the flat-out discontentment in the minds of 69 percent of Americans? Say what you want but I blame it on the media. If it bleeds it leads and they specialize in bad news. Everybody will watch a car crash with blood and guts. How many will watch kids selling lemonade at the corner? The media knows this and media outlets are for-profit corporations. They offer what sells, and when criticized, try to defend their actions by "justifying "them in one way or another. Just ask why they tried to allow a murderer like O.J. Simpson to write a book about how he didn't kill his wife, but if he did he would have done it this way......Insane!Stop buying the negativism you are fed everyday by the media. Shut off the TV, burn Newsweek, and use the New York Times for the bottom of your bird cage. Then start being grateful for all we have as a country. There is exponentially more good than bad.

My response………..

No doubt about it - we do live in the most prosperous and blessed country in the world. And I also have to agree that, as a people, we certainly do tend toward the most ungrateful in the world, certainly we are also among the most arrogant. Our abundant blessings have made us complacent and we take for granted the fact that we are indeed fortunate to live in the greatest country in the world. But I take issue with the implication that because of all those blessings we have no reason to be unhappy with the direction our country is headed. I don't know how accurate the Newsweek poll's percentage might be, but I count myself among the 67 or so percentage of people unhappy with the direction our country has taken. I don't believe that we can simply rest on our laurels, pat ourselves on the back for living here and rah-rah ourselves into further apathy. There is a lot about our great country that is broken and if we allow ourselves to remain numb to it instead of recognizing and identifying the problem and then pushing for a solution, we are indeed heading for a great fall.

I think that anyone with even half a brain would agree that the media in our country has evolved into a powerful lobby for special interest groups and seems to have completely forgotten that reporting the news should be just that - a reporting or recital of the facts, leaving the interpretation and opinion-forming about the news to the reader or the listener. Apathy has reached epidemic levels in the US, we've abdicated our right to form our own opinions and have too easily accepted as our own the ideals of those who scream the loudest or talk the longest. But I don't have to watch the news or read the newspaper to find my discontent. If only it were that easy, for then I could just turn off my big screen television or cancel my subscription to the liberal newspaper.

Could it be that I, like a great many of the other 67% of discontented souls cited in that poll, was just minding my own business, not looking for a bandwagon to jump on or a cause to champion, when suddenly one of the broken parts of our great system reached out and took my family in its grip and shook us with a vengeance? That's when I was forced to acknowledge that the sense of "something's just not right here" that had been niggling at the back of my mind for the past several years was more than just a suspicion that I could ignore until it went away. Something is wrong and it's not going to go away. No pie-in-the-sky, Polly-Anna, American as apple pie, God bless America pep rally is going to fix what's wrong with our judicial system or our societal norms that have eroded into something resembling a plot in a bad movie. Whatever happened to "innocent until proven guilty" or "the truth will prevail"?

I always believed and taught my children that laws were enacted to help people and if you weren't guilty of doing something wrong, then you had nothing to worry about. I told them the police were there to help them and the courts would protect their rights. I told them that cheaters never win and winners never cheat. I firmly believed in Truth, Justice and the American Way. Sadly, I now fear what has become the American Way because it no longer has much resemblance to the American Way I knew as a child. I've found out that it is possible to play by the rules, tell the truth and not cheat and still end up the loser watching the bad guys walk away unscathed. And even that might be tolerable if there existed a remedy, an avenue of recourse to right those wrongs. Unfortunately what I've found is that the remedy very often still favors the "bad guy" because he's much better at playing the game. And this new game has rules that don't even hint at being fair, ethical or just. The end justifies the means seems to be the new American Way and that scares the devil out of me, folks.

Yes, I am one of the 67% of folks who are unhappy with the direction our country has taken. Frankly, I'm actually a little encouraged by that figure because hopefully that indicates that enough people are recognizing the elephant in the middle of the room and maybe, just maybe, we can start to fix what is broken about our country and not just sit back on our sorry, ungrateful behinds congratulating ourselves on how prosperous and fortunate we are while our system is devouring the very ones who have believed in and supported it for a lifetime.

I still believe in the ideals our country was founded upon and I still believe that I live in the greatest country in the world. But I refuse to turn a blind eye to the deterioration and degradation of those ideals. Our system is broken and if being a member of the 67% of discontented Americans is a step toward repairing what's broken, then count me in.

My sister’s defense of my position………



To those of you who responded to my sister’s email with such negative comments, allow me to explain.

This is NOT about President Bush and the war! This IS about personal pain.

The Newsweek poll that was sited states that 67% of Americans are unhappy with the direction that the country is headed and 69% is unhappy with the performance of the President. And yes, WE identify with the first. No one had to “tell us how to feel” about the things that have happened to our family over the last few years, we have lived it.

I am about as conservative as they come, I have been very active politically, probably more than most people who claim to be Conservative Republicans! I have voted in every single election since I was old enough to vote, I know the issues and I know what I believe.

I also KNOW that our legal system is corrupt, broken, and not at all what our founding fathers envisioned that it should be. I know this because I have watched it up close and personal. I know this because I have invested 2 years of my life and my money on research and investigation. I know this because our family has invested thousands of dollars trying to right a wrong, all the while being told by lawyers that we are right, but legally there is nothing that can be done. In at least some instances our legal system does protect the bad guys! And it is because of the way that laws are written in this country.

A family member of ours was indicted for a federal financial crime. He was not able to afford an attorney and had to use a public defender. This was a first offense. He did not have access to records to prove that he was not guilty at that time. No one lost a dime, not like Enron where so many people lost their life savings. He was threatened with 30 years in prison and a 1,000,000.00 fine. However our generous federal judiciary kindly offered to reduce that term of imprisonment to 15 months is he would plead guilty immediately! He was advised by his Public Defender to take the deal and be grateful… Think about that, if the crime justified 30 years to begin with why would they kick it down to 15 months????? They also informed him that they have a 95% conviction rate and that if he did not plead guilty quickly he would spend the rest of his life in prison. Oh, and our Federal Prison system has no parole. So there is no chance of getting out ever! He took the 15 months and plead guilty.

Two years later, after having obtained access to the records that could have proven him not guilty as well as proving who was actually responsible we are told that it does not matter. It is not about who is right or wrong. It is a done deal. While the people responsible for this “crime” walk free looking for their next fall guy! And there will be one… Maybe a member of your family next time!

Oh, and the club fed thing that we have all heard about. My family member did not go there! He has been held in various holding cells at different detention centers. Most of them not even up to the standards of Abu Graib! No outside time or exercise, no work or school. When he wanted a Bible we had to buy it from the publisher and have it sent to him. If he needs toiletries we buy them. Not like all those copies of the Koran that are purchased by our government to give to Terrorists in prison camps! Try driving 2 full days and trying to visit this family member, waiting for 1 ½ hours in a crowded room and then being told that they have decided to cancel visits for the day! After he has only been able to have 1 visit in the last 4 months!! Not because he is causing trouble, but because he was moved so far away from home that 1 visit was all that could be managed.

So yeah, we are dissatisfied with the direction that this country is taking! And the fact that I have electricity and indoor plumbing is small comfort.