My “golden Child” Sister Tried To Have Me Declared Mentally Incompetent To Seize My Trust Fund. She Didn’t Realize Grandma Set A Legal Trap For Her Two Years Ago. Now She’s Left With Nothing.
“The petitioner Mrs. Catherine Morrison is the granddaughter of Eleanor Sullivan who recently passed away. The respondent Margaret Sullivan is also Eleanor Sullivan’s granddaughter.”
“Mrs. Eleanor Sullivan left a detailed estate plan that includes a contest clause.”
Judge Winters looked interested now.
“A contest clause?”
“Yes, your honor. The clause states that any beneficiary who challenges the distribution of the estate or files any legal action attempting to alter the testator’s wishes will forfeit their entire inheritance.”
He paused.
“By filing this conservatorship petition, Mrs. Morrison has triggered that clause.”
The courtroom went silent. I watched my sister’s face as the realization hit her.
All the color drained away. She turned to Robert, her mouth moving soundlessly. Robert looked like he’d been punched in the stomach.
“Let me make sure I understand this,”
Judge Winters said slowly.
“Mrs. Morrison filed a petition to have her sister declared incompetent which would give her control over her sister’s inheritance. But by doing so she’s violated the terms of their grandmother’s will and forfeited her own inheritance?”
“That’s correct, your honor.”
“How much was Mrs. Morrison set to inherit?”
“$600,000 plus half the proceeds from the sale of the family home which is estimated at another 300,000.”
A Forfeited Inheritance
Judge Winters looked at Cathy and her expression was not kind.
“Mrs. Morrison did you know about this contest clause when you filed this petition?”
Cathy stood up, her voice shaking.
“Your honor I we didn’t. My husband and I were just trying to help my sister. We were concerned about her ability to handle such a large sum of money. We never meant to—”
“You filed a legal petition claiming your sister was mentally incompetent based on no evidence whatsoever. And you did it four days after your grandmother’s funeral.”
Judge Winters’s voice was cold.
“And now you expect this court to believe you were acting out of concern rather than greed? It’s not like that.”
“Mrs. Morrison let me be very clear. This petition is denied. I find no evidence whatsoever that Miss Margaret Sullivan is incompetent or unable to manage her own affairs.”
“Furthermore, I find that this petition was filed in bad faith as an attempt to gain control of assets that rightfully belong to Miss Sullivan.”
She looked at Mr. Brennan.
“I assume you’ll be notifying the estate executive about the contest clause violation?”
“Immediately.”
“Your honor, good.”
Judge Winters banged her gavel.
“We’re adjourned.”
I stood there in the courtroom shaking as Cathy rushed out with Robert on her heels. Her lawyer packed up his briefcase without looking at anyone, his face red.
Mr. Brennan put a gentle hand on my shoulder.
“Are you all right?”
“I don’t know,”
I said honestly.
“She’s my sister.”
“She made her choice.”
“I know, but it still hurts.”
The Reality of Love vs. Rules
He nodded.
“Come to my office tomorrow. We’ll go over the final estate distribution and set up your trust management. Your grandmother wanted to make sure you had good financial advisers, people who would help you invest wisely and make this money last.”
That night I sat in Grandma’s garden with a glass of wine watching the sunset paint the sky orange and pink. The lavender was in bloom and the smell reminded me of every summer I’d spent here as a child.
My phone rang. It was Kathy. I almost didn’t answer but something made me pick up.
“How could you?”
her voice was ragged with tears.
“How could you take everything from me?”
“I didn’t take anything from you, Kathy. You gave it away yourself.”
“You could have warned me! You could have told me about the contest clause before I filed!”
“You could have not tried to have me declared mentally incompetent,”
I said.
“You could have not lied about me having a gambling addiction. You could have not filed legal papers 4 days after we buried the woman who loved us both.”
“I deserve that money! I was the good granddaughter! I did everything right!”
And there it was: the truth she’d been hiding behind concern and family duty and responsible worry.
“Grandma didn’t want ‘good’,”
I said quietly.
“She wanted ‘real’. And she knew the difference between us, Kathy. She knew that you followed the rules because you thought they’d get you what you wanted.”
“And she knew that I was just trying to figure out who I was.”
“That’s not fair!”
“Life isn’t fair. But Grandma’s will was clear and you made your choice when you decided to challenge it.”
I stood up looking at the roses Grandma had planted 20 years ago.
“I’m sorry it turned out this way. I really am, but you did this to yourself.”
A Life of Freedom and Adventure
I hung up before she could respond. That was 30 years ago.
I’m 62 now and I’ve lived a life that Grandma would have been proud of. I used her gift to build a photography business that took me to 40 countries.
I bought a small house with a garden and I taught photography workshops to young women who didn’t fit into neat boxes. I never got married or had children, but I had love and adventure and freedom.
I invested wisely with the help of the advisers Mr. Brennan recommended. The 1.8 million grew into something bigger, something that’s given me security and options and the ability to help others.
Kathy and I haven’t spoken since that phone call. I heard through relatives that she and Robert eventually recovered financially; they’re still in Lake Oswego, still living their perfect life.
Sometimes I wonder if she ever thinks about what she lost. Not just the money, but the chance to have a relationship with her sister.
But mostly I think about Grandma sitting in Mr. Brennan’s office 2 years before she died making a video for me because she knew exactly what would happen. She knew her granddaughters.
She knew what we valued and what we’d do when money was involved, and she made sure that the one who needed protection got it, even from family. I keep a photo of her in my office standing in her garden in that blue cardigan smiling at the camera.
Next to it is a note she wrote me when I was 25 and doubting everything about my life choices.
It says:
“Margaret darling, never apologize for who you are. The right people will love you for it and the wrong people don’t matter. Love, Grandma.”
She was right about everything and I miss her every single day. But I know she’s still protecting me even now.
