Legacy Locked (sample 2 p.11-20)

TITLE: Legacy Locked; A high-stakes family battle where money, power, and bloodlines collide. Book 1 in the Dawson Family Series.

A novel by Doug Gray, PhD, a business psychologist and family wealth advisor

Pitch: When a secretive Nashville patriarch dies, his heirs must battle deceits, a cryptic trust, and their own dysfunction in Legacy Locked, a gripping psychological thriller where money, power and bloodlines collide.

Disclaimer: This work of fiction contains complex characters who are more exciting than anyone ever met by the author.

[Readers: Sample 1 contains p. 1-10. Please add your comments and feedback below!]

There is something strong in the Nashville water.

Jake Mattox Sr. was known for his fine office view of that downtown skyline. He took on a 30-year lease to protect his view. Lawyers always need to protect their guild. As if there is only one law of the land. But time changes every law. Conflicts always evolve. People always bring conflicts.

His son, Jake Mattox Jr., a middleweight boxer in his youth, lived to fight for the legal rights of anyone with money. He wore red or green bow ties that varied with his mood. And he wore a yellow suitcoat. Every day of the week, as his signature statement. When Jake Jr. took lunch at Merchants on Lower Broadway, he hired a shoeshine service polish from Jimbos. At his table. For the show. Jake Jr. believed that if one looked the part of a flashy legal expert, then qualified referrals would follow.

He was wrong.

Harper knew that his law firm struggled to pay their $40,000 monthly nut.

They had met when they were both at the Nashville Law School. Jake Jr. got her attention because he declared his judgements without regard for whomever was listening. She joined his study group on Thursday evenings for over a year.

When Jake passed the bar, he brought yellow roses to her apartment. They celebrated with frantic sex. But only once.

When she called, he quickly said, “Yes of course, I can make myself available tomorrow, at 9:00 a.m.” And just like that, Harper Dawson consulted their first advisor.

Harper told her siblings, “I want you to meet the Mattox Law team because they are second generation, G2s, just like us.”

Nora Lee said, “Aww. And I thought you wanted a little outing together. I can’t recall the last time the three of us walked through 12 South together.”

Will walked quietly with his sisters. As the rain pelted the city, he pulled up his raincoat hood. His sisters huddled under a golf umbrella together.

Where the hell are we going? Why are we meeting with Harper’s old fling? Do we really need more lawyers in our lives? One mantra kept him moving. “Protect our assets.”

The shiny building lobby included one uniformed security person who nodded to the side, “Take the first elevator on the right directly to your floor.” Will smiled at his efficiency. He wondered if this might, in fact, be a worthwhile visit.

“Do we need a game plan of some sort?” he asked.

Harper said, “I don’t think so. It’s called a Discovery Meeting for that reason.”

Will stared at their blurry reflected images on the elevator wall. He bit his tongue.

Chapter 5

They did not wait long in the lobby. A stocky figure in a yellow suit coat with a green bow tie, off-color white shirt, and heavily polished shoes, sashayed into the lobby as if taking over a ballroom dance floor.

“Greetings and such” he bellowed. “Jake Mattox Jr., Counselor-at-Large. Welcome to all y’all.”

Harper embraced him longer than required, then introduced her siblings. Jake Jr. escorted them into his corner office sanctum.

Will studied the spectacular view of the Nashville skyline and considered his options.

Should I let Harper lead this meeting? Should I grill this character? Maybe I’ll watch the cards fall on the table.

“Waal of course I want to take care of all y’all,” Jake Jr. crooned. He used both hands to pull his hair up and over his head as he leaned back. “Please have a seat. Coffee? Sweet tea? No, then how about if someone shares what brought you into my lovely office today?”

Harper started. “Well, as you may recall, the Dawson family has significant assets in Williamson County and two other regions. We have each been told by our father, Richard, that we are to be taken care of by our Family Trusts. And when we turned 21, each of us began to receive quarterly distributions. Those distributions increased when we each turned 30. We each have plenty of cash flow. That’s not the problem.”

She continued, “Our father died yesterday, suddenly, of cardiac arrest. We have a meeting scheduled on Friday with the estate lawyers he and our mother retained. You probably know the Chamberlain Group. Our mother has never shared copies of the terms. That’s problem #1.”

“And how large are the Dawson family assets?” Jake leaned forward.

Will spoke quickly. “That’s not the issue. And not to be disclosed to anyone outside the family.”

Jake fiddled with his bow tie. “I hear your concern. Let me ask a different question. Do you know the extent of the Dawson family assets? For example, do you have an asset map?”

Harper said, “No. And that’s problem #2.”

“Because you don’t know how to access those documents?” Jake pushed forward.

“We share the assumption that there are legally binding documents held by the Chamberlain Group. That is our hope. And we hope that they will be required to transfer assets upon death of our father. The TOD laws are firm in Tennessee.”

“Yes, they are firm,” said Jake. “For good reason. Plenty of outsiders have stolen assets from too many family members. There are few remaining antebellum plantations. A damn shame. Countless celebrities and wealthy people relocate to Tennessee to avoid capital gains taxes. Too many damn Californians are buying up our lands. Just stating a fact. As you well know, we protect the celebrities in our town, for good reasons.”

Nora Lee added, “I keep a mental list... Justin Timberlake and Jessica Biel. Nicole Kidman and Keith Urban. Carrie Underwood and Mike Fisher. Tim McGraw and Faith Hill...”

Will cut her off, “I’m not sure any of that is relevant.”

Is this meeting a waste of our time? Why are we wasting time with this flake dressed in a bright yellow suitcoat?

Jake Jr. pounced, “So, if I understand correctly, you don’t have access to the estate documents or the asset map. That’s not uncommon. Many parents withhold documents because they regard their adult children as little kids. Do y’all have more concerns? Is there a problem #3?”

Harper paused and looked at Will, who nodded. She asked, “Are we speaking in confidence?”

Jake Jr. declared, “Yes. Definitely. Attorney-client privilege extends to Discovery Sessions like this one. We always practice confidentiality here at Mattox Law. The day any attorney breaches that practice is the day they lose their credibility. And their reputation.”

Will wondered, I wonder if reputation is more important to you than anything? That yellow suitcoat screams louder than a billboard.

Harper kept going. “In confidence, then, problem #3 is our mother, Regan. She keeps her cards close to her chest.”

“That’s a wise habit when playing poker at a table of hostiles. What’s the problem with Regan?”

Harper paused again. “Jake, you may recall when we were in our study group you said that I was ruthless, right?”

“I think my words were a bit stronger. Something like, “you’re a ruthless son of a bitch.” He smiled.

“Yes. Well, Mom’s the bitch. She bends the rules until she wins. She bluffs high and rarely folds her cards. She has no friends. Dad was her arm candy. He somehow tampered her down when she was too ruthless. And now he’s gone. We haven’t talked about her much, even between ourselves, because she is so intimidating.”

Will spoke loudly, “Frankly, she’s a reckless, greedy son of a bitch.”

Jake Jr. smiled and leaned forward, “Now your story is getting interesting. Tell me more.”

Will started, “Here’s an example. In confidence of course.”

“Of course,” said Jake Jr. “This meeting is not being recorded in any manner.”

Will began, “When we were teenagers our parents accelerated their real estate investments. They acquired properties and grew faster than Hobby Lobby. Another local family enterprise. But they never paid a fair market value. Even for our neighbors. They used the Smucker Firm to undervalue properties, based on fabricated risks. Water contamination. Toxic chemicals. Drainage. Undeclared easements. Mineral rights. Fake cemeteries. The details varied but the outcome was always the same.”

“It wasn’t always that drastic,” said Nora Lee. “They weren’t criminals or anything.”

“They skirted the laws,” said Harper. “That’s one reason why they rarely talked about business with us.”

“And one reason why Harper and I have not been involved. They thought Will had thicker skin. Somehow cut-throat real estate deals were not for women like us to discuss,” said Nora Lee.

“Even though our mother, Regan, had a long history of being ruthless. You know the fact pattern. When there’s smoke everywhere, then someone’s hiding a match,” said Harper.

“Let me give you some context,” said Will. “When the Smucker Firm said that a property was worth 50% less than other appraisals, the sellers got scared. Every time. They ended up selling for 40% of their asking price. The sellers didn’t know any better. Most local sellers were farmers who inherited the land. Some were old church properties with deacons who were well intentioned but clueless. The sellers were astounded by the growth in Williamson County.”

“But they were told that if they didn’t accept the Dawson offer, then the Smucker Firm would make the risks public. Then the sellers would never see a better offer. Not quite extortion. Not quite illegal. And of course there were never any records of those private talks. But the fact pattern got back to me. The three of us have never discussed how our parents acquired their assets.”

“Mostly because the two of us, as girls or women, were shut out of the damned family business!” said Harper.

“Also, because I got scared,” said Nora Lee. “We were told to speak up. To share our opinions. But if I did, I got shut down. So, I retreated. Part of me still doesn’t want to know how they gained so much wealth in only 30-40 years.”

Will said, “I can tell you that. I studied them. When needed, our mother was the closer. But most of the time she leveraged the Smucker Firm and whatever fabricated risks they used as leverage to buy assets at reduced rates. I don’t know who owns the Smucker Firm. I’ve asked Chamberlain but the old bastard never answered me directly. Our father was the more friendly face in business. And our mother was the greedy son of a bitch.”

“Take it easy, Will,” said Nora Lee.

“Why? We haven’t talked about them. Maybe today is the day to do so! We’re all adults. This meeting is in confidence. Right?”

“Absolutely,” said Jake Jr. “And you three have a fascinating story. Do you have an example with evidentiary material, like deeds or email threads?”

“Yes, of course,” said Will. “That has been my role for the past 10 years. I manage properties after they acquire them. Here’s an example that was described in the Williamson Herald. Plenty of local dispute. The bottom line up front is that our mother always got more reckless when the stakes got higher.”

“Easy bro,” Nora Lee spoke quietly.

“I think he needs to know some details! We need to bring some of these stories to the surface,” said Will. “Hear me out then you can decide. One of our neighbors owned 520 acres of rolling farmland, just off Cool Spring Boulevard. Before the mall was created, we used to ride dirt bikes there. Bicycles. Not motorcycles. It was one of the largest parcels in Williamson County. And it was one of the only times when they had to use a personal line of credit from the bank. She wrote the demand letter and terms. His name was used, not hers. He was furious with her! And her private accounts were transferred to First Citizens Bank. To establish some distance from his risks. She kept spending. Like any addicted gambler, he could express frustration. Or his fury. But he could never manage her.”

Harper spoke up, “So, now we are like those sellers. We think we have assets. But we don’t know their value. And we can’t access the papers. None of us want to be her next target. We want to know our options.”

Nora Lee whispered, “Can you help us?”

Chapter 6

Jake used both hands to brush his hair up and backward. Twice. That gesture gave him more time.

“Waal,” he began, “Yes of course I can help all y’all. And I’d be glad to do so. What a fascinating, fascinating family you have. There are a few general topics to start this conversation. The basics. Here in Tennessee, like many states, when someone passes away without a valid will, that’s called dying "intestate.” Our intestacy laws dictate how the deceased's estate is distributed among surviving family members. Y’all probably know about those laws. In your case, the assets of Richard Dawson’s estate are allocated to the closest relatives, his surviving spouse and his children.”

“But those laws may not align with the deceased's personal wishes. That’s why people need legally binding wills in their primary state of residence. Do you have copies of Richard’s will or estate plan? Any written documentation of his intentions?”

“No. That’s problem #1.” Will said.

As previously stated... Weren’t you listening? Argh. Now I’m convinced this guy is an empty suitcoat. We are wasting our time here.

Jake stood up and waived his arms for emphasis. “You think there is a valid will, but you have no copies. So, we need to start with the intestate laws that govern your situation. If there is no valid will - and I’m not saying that’s all y’all’s case- just that is a working assumption. If there is both a surviving spouse, like your mother, and descendants, like you three children, then the spouse receives either one-third of the estate or an equal share with the children, whichever is greater. For example, because there are three of you next generation children, the spouse would receive one-quarter of the assets, and the remaining three quarters would be divided equally among you three children. That’s the law when there is not a valid will.”

“And we just don’t know if there’s a valid will, so we have to assume the worst,” declared Harper. “And prepare for the worst-case scenarios. That’s why we’re here.”

“I don’t understand,” said Nora Lee. “You said “whatever is greater” a minute ago. Are you saying that if there’s not a valid will, then our mother would get a third of the assets and the remaining two thirds would be divided by the three of us?”

“Yes, that’s one possibility,” said Jake Jr. “That’s if there is no will- which is a big if.”

Harper asked, “What about his first wife, Emily? Is she part of the picture?”

“Not likely. You stated that they divorced, and he remarried. Is that accurate? Yes? Then she is not likely included in any intestate distributions. Even if she wants to be included.”

At least he didn’t use the phrase “It depends,” thought Will. Makes me wonder how Emily is doing.

“Has Emily been reaching out to you two? She texted me yesterday, but I didn’t reply,” he asked.

“Not me,” said Harper. “She has never been part of my life. She strikes me as a lonely gold digger. Living alone with her cats.”

“That’s not the whole story,” said Nora Lee. “She wants to be part of our family. Part of us. She doesn’t have any children of her own. She never remarried. She kept the Dawson name. That says something about her, right?”

“Hmmm. Something else you want to share, sis?” Harper stared.

“Maybe. Maybe not. Emily and I meet for tea every so often. We have for years. I like her. She cares about each of us,” said Nora Lee.

Well, that explains why Emily wants to be part of our family. She has been leveraging Nora Lee, our baby sister, for information. I wonder if, somehow, she received payments from Richard. I wonder if they stayed together during his marriage.

“Let’s move on. How about if we consider the next scenario?” asked Harper.

“Yes of course. All in good time,” said Jake Jr. He stood and looked at each of them in turn, as if practicing for a courtroom.

Then he continued, “The next scenario is when legal documents may exist, but the next generation children do not have access to those documents. That seems to be your situation. Frankly, you do not have many legal options. Without a valid will or estate plan, you have no legal authority to manage or distribute the estate according to the deceased's personal wishes. Whatever they may have been.”

Harper interrupted, “Damn it all! So, we’re screwed?”

Jake Jr. continued, “You probably know this law. If your father told one of you that he wanted to exclude your mother, for example, that verbal statement is not legally binding. That’s called hearsay. If your father told your mother that he wanted to exclude all of you, for example, and distribute most of his assets to the Land Conservancy or the Baptist church, for example, that verbal statement is not legally binding. Note that those are just my fictional examples. I’ve never talked with your father. I certainly have no idea of his intentions upon death. I’m simply using those examples as illustrations.

“I think we all understand that scenario,” said Harper. “That’s why we’re so pissed off. That’s why we’re here.”

Will wondered. What would the old man do with our assets if he didn’t give them to his children? He had no personal friends. He never cared about a church or Ole Miss.

Jake Jr. continued moving around the corner office and flapping his arms. “The best-case scenario is what you expect to learn on Friday when you meet with the Chamberlain Group. Let’s assume that they have a valid will, sealed and dated and testifying that Richard’s intentions are declared without coercion, and that he was of sound mind and body. Then, the best-case scenario would be that Richard names an executor, in his legally binding will, to manage that asset transfer. The responsibilities of that executer are clearly defined. That person is tasked with settling debts, managing and distributing assets. Good so far? Are you following me? Great. So, let’s explore some details related to that scenario. Did Richard ask any of y’all to be his executor?

Will and Harper and Nora Lee glanced at one another and shook their heads from side to side.

Will thought about their family mantra, “Trust nobody.” If Richard did not select him, as the eldest child, did that fact suggest that his father didn’t trust his capacity to manage their assets? Or the business? Why didn’t they ever talk about succession plans?

Jake Jr. continued, “In that case the next step is for us to identify that executor. Most of the time the executor is the surviving spouse, your mother. Based on your description, she has been deeply involved in countless business investments. She sounds savvy- however ruthless or greedy. And she is probably more than capable of serving as the executor of Richard’s estate.”

Will muttered loud enough for all to hear, “Yes. And she is inclined to do whatever the hell she wants...”

Jake Jr. didn’t respond. “Remember that most of the time the surviving spouse serves as the executor. Even when they are grieving. It can be a difficult transition period. Grieving people often make bad decisions. They are frequent targets for insurance fraud and financial advisors. And you do not know if your mother was named as the executor.”

Jake Jr. gained momentum and moved even faster. “A second option is that Richard named a non-family member to serve as executor of his estate. That approach has some advantages, especially if Richard anticipated significant conflicts or legal disputes. To your knowledge did he name anyone else to serve as executor?”

Once again, Will and Harper and Nora Lee glanced at one another and shook their heads from side to side.

Will thought, I sure hope that Topher Chamberlain is not named as the executor. I hate that pompous ass. But who else would the old patriarch want as his executor?

“Let me ask about a third option. It may be useful for Richard to identify and declare a family member to serve as an executor. The advantage of that approach is that an uncle or aunt or extended family member will understand the emotional conflicts, and the material abundance, that often exists when wealthy families have a sudden death and need to transfer assets. Blood is in fact thicker than water, as y’all know.”

“Even though we don’t know any details,” said Will.

Jake Jr. didn’t reply directly. “Those extended family members may seek to protect assets for tax burdens such as capital gains. They may also be aware of family-based philanthropy interests, such as a religious affiliation, or an educational commitment, or a research hospital. Sometimes they contribute enough to rename a building. Other times they prefer an anonymous gift to protect the family reputation. Confidentiality always matters. Does that make sense? Yes? So, once again, I’ll ask you a similar question. Do you know of a family member, other than your mother, who could be asked to serve as the executor?”

The three siblings glanced at one another and shook their heads from side to side.

Jake Jr. continued, “That’s just fine. Every extended family is different. Sometimes there is a strong interest in protecting the reputation or keeping confidences. When John Templeton lived in Winchester, he was a card gambler. Then he built his global investment fortune, and the Templeton Fund legacy still manages his family office. Today we have the Frist Foundation. Haslam Foundation. Ingram Foundation. There are countless examples.”

Harper said, “I don’t think there is a Dawson Family Foundation.”

But we just don’t know, thought Will. I wonder if Uncle Albert would know.

“Of course we have a Dawson Family Foundation,” said Nora Lee. “Are you saying that you don’t know about it? Harper? Will?”

“Huh? Are you playing with us, sister?”

“Not at all. It’s not large, but it exists. I’ve been the director for 5-6 years. We give money to local charities. Like the Battlefield Restoration project. The Harpeth River Fund.”

“Really? Named donations? Confidential donations?” asked Harper.

“Named, usually. Maybe $100K total. $15-20K to several groups. I use the First Horizons bank account. We are probably listed in their annual reports.”

“I’m speechless,” said Will. “And that doesn’t happen often. Don’t get me wrong, Nora Lee. I’m delighted that you’re managing this little foundation. Nobody better qualified. Nobody with a bigger heart.”

“Me too. I’m just surprised,” said Harper. “I guess we never thought about it. Naturally, we never talked about it.”

“Hmmm. Maybe that’s what these talks are designed to discover,” said Nora Lee. “The good and the ugly. The known and the secrets. I can share the list of beneficiaries whenever you want. The CPA has them too.”

After a few minutes of silence, Will said, “Obviously, we have some work to do. As siblings. To discover what we know and the secrets. I like that phrase. Jake Jr., you have been more helpful than I expected. Thank you for spelling out these details. Anything else you want to share?”

Harper said, “Especially any legal options that we may have before the meeting on Friday?”

Jake Jr. sat down and brushed his hair back over his head. Once again. “You have few legal options today. You can formally request access to the documents, if you have not yet done so. But without knowing what your father wrote, his legally binding will and intentions, you can’t do much to prepare.”

Bullshit thought Will. We always have options. That’s the Dawson way.

“Thanks for sharing your advice, Jake Jr.,” said Harper. “I knew that it would be best to start with someone like you.”

“You’re more than welcome,” he said. “We need to take care of one another. I look forward to our next meeting. FYI, I have two partners here on our team. We can take on Chamberlain Law if need be. Oh, and Harper, maybe we could have dinner or drinks sometime soon.”

Chapter 7

As they left the building Will said, “I’ve got an idea. Let’s take an early lunch nearby. Edleys barbeque? Urban Grub for seafood?”

Nora Lee sighed, “That’s a good idea. I’m a little brain dead.”

Harper said, “Well we can’t go wrong with Boqueria for tapas. It’s around the corner. We’ve got good raincoats.”

Will said, “Let’s go. We’ve got some things to talk about.” The lunch location was not his urgent concern.

The restaurant foyer lobby was already crowded. When they entered the Hostess asked, “And just how may I serve youuu? On this fine day of our Lord Jesus Christ.”

Will stared at her. Silver nose hardware trimmed a midriff shirt over her pudgy belly. A large wooden cross necklace. Tattoos from Proverbs 3:5. Will was about to comment when he noticed the semicolon tattoo often used by suicide survivors. And the birds in flight tattoo representing freedom from pain.

She’s a walking billboard. Shit, we all have our struggles.

“Table for three, please.”

Will followed his sisters and noticed as others turned to study them. Harper’s wavy brown hair bounced slightly as she walked, but she never turned her head. Her stints as a runway model forced her to look straight ahead, to ignore the ogling stares. And her shapely figure attracted attention from several men. And women.

Nora Lee’s entrance was less likely to attract attention. She was shorter and stouter. With broad shoulders. She rarely attracted attention. Nora Lee studied people. When she smiled, she could light up any conversation.

After settling into a corner table and making their order, Harper launched in. “What did you think of Jake Jr.?”

Nora Lee said, “He’s handsome. I can see why you are attracted to him.”

“That’s not what I meant, sister, and you know it. We were a fling thing. Past tense.”

[Thanks for reading this sample text from p. 11-20. I’m hungry for your comments and feedback! Please add them below.]