Death Pact

Prelude

Although I had been in Michael’s office a dozen times and spent countless hours with him and his staff, today I had felt like a stranger. For the first time I understood how it felt to be on the other side of the desk. The humiliation, the nagging fear, the uncertainty-all had been difficult to bear. If somehow I survived this ordeal I certainly would have more empathy for my clients. Oh God, would I!

I opened the front door of my Mercedes and fell into the seat. My head was throbbing. Why was this happening? I laughed. "That’s a good one. You let it happen, you fool. You know God damn well you did. You let yourself fall into Erica’s little trap." I closed my eyes and took a deep breath while I massaged the back of my neck. It didn’t help.

On the drive home my melancholy began to fade in anticipation of being with Erica. No matter what she had put me through or what pain there was yet to endure, it was all worth it as long she was mine. Somehow we’d get all this behind us. We had to, there was no other alternative. At least, that’s what I thought.

When I got home Erica was sitting on the sofa obviously upset. Her eyes were red and swollen and she had a box of Kleenex in her lap. When she saw me she jumped up, ran over and embraced me. After a second I pushed her back a little so I could see her face.

"What happened?" I asked.

She walked a few steps away. "Robert called me to let me know he had been over to the DA's office to look at the evidence they’ve gathered so far."

'Un huh."

"Well, he said they had lab reports that showed cotton fibers and down under my fingernails and on my nylons. He says the police are excited about it because they don't think the particles could have got there unless I held the pillow over Martha's face. . . . Oh, Rich! I'm going to be convicted. What am I going to do?"

"What does Robert think?" I asked.

"He wasn't pleased with the reports," she said. "He tried to downplay their significance but I could tell he was upset."

"Damn. . . . Think back. How in the hell did you get those fibers under your fingernails?"

"I know exactly how it happened. When I got to Aunt Martha’s apartment I didn't know that she was dead, so when I saw her lying there on the floor I went to her. There was a pillow next to her with a big rip in it. The down and fibers inside the pillow were everywhere. I picked it up and tossed it out of the way. Then I shook her hoping she would wake up. It's no wonder they found the fibers under my fingernails."

"That makes perfect sense to me. I'm sure the jury will believe you."

"No, they won't," she moaned. "They're still going to think I did it."

I went to her and wrapped my arms around her. "No they won't, honey. I'm sure they will believe you."

She pulled away. "But what if they don't? . . . Oh, God. . . . I'm screwed!"

"No you're not, don't even talk like that. It's a perfectly good explanation."

She looked up at me, tears running down her checks. "Why did this have to happen? . . . Why doesn't everyone just leave us alone? We were so happy? It's not fair!"

I took Erica back in my arms. She cried for several minutes. I wiped away her tears and began massaging her shoulders hoping to make her feel better. When she had calmed down, we went into the kitchen and I sat down at the table while she removed a roast from the oven. She sat it on the counter and began cutting it up. The table had been carefully set and several candles were burning. Then I noticed my glass filled with a red liquid.

"What's this?" I said as I held up the glass.

Erica turned and took a casual look at the glass and said, "Kool Aid."

A chill darted down my spine and radiated quickly throughout my legs. "What?"

She turned away from me. "Kool Aid, it was on sale. You like Kool Aid, don't you?"

I glared at her. She turned around, gave me a disturbed look and then replied, "Don't worry, I haven't found anyone who sells cyanide yet."

I stood up and threw my napkin on the table. "Jesus Christ! Erica, what is wrong with you. You've got to pull yourself out of this depression. You're not going to be convicted."

She look at me earnestly. "But, if I am convicted will you . . . will you drink with me?"

"Erica, for godsakes, cut it out!" I said and took the glasses of Kool Aid and dumped them in the sink.

"Don’t you understand! I'd rather die than live without you." . . . "Don't you feel the same way?"

I looked at her in silence. Finally I said, "Of course, but suicide's not the answer. I’m not ready to die . . . and I don’t want to lose you. Besides, we would both end up in hell if we killed ourselves. Is that what you want?"

She laughed and turned away. She picked up the knife and turned it, watching the light glisten off the steel blade. "Do you really think there is a heaven and a hell? . . . I don't think so. When we die it's just over. We don't go anywhere, we just fade into oblivion."

I was appalled at what I was hearing. Erica had always professed being a good Catholic. I rushed over to her and jerked her around so I could look her in the eyes and scold her. "You've never told me you felt that way. Your depression is poisoning your mind. God is out there and he'll help us get through this. I know he will."

She looked up at me with a empty stare. "Won't it be a wonderful display of our love to die in each other's arms?"

"No! Not at all. People will just think we’re crazy. "

She put her arms around me and nestled her head on my shoulder. "Of course, I'd much rather have a long life together but if that's not our fate then, at least, we can die together."

I began to cry. "Oh, Jesus, honey. You’re losing it. I’m going to get you help. . . . Don’t worry, I’ll find you a good psychiatrist. Everything will be alright. I promise you."

Erica looked up at me with an eerie smile. "It's no use, honey. There’s nothing you can do. . . . You know I always get my way."

    It all started in January 1979, the same day the Shah of Iran was forced to flee from the country he had ruled for thirty-eight years. I remember listening to the news reports of his departure on my way to work and wondering what impact it would have on oil prices. I had been a finance major in college and liked to think I knew something about stocks and commodities. In fact, a group of us at UCLA had formed a fantasy investment club which we called the Wall Street Wizards. We used to meet twice a week to discuss market trends and strategies. Then we'd all make fantasy purchases and keep track of how they did. We would have preferred to make actual trades but none of us had extra money. Coming from middle class families, just making enough money for tuition and expenses each semester was a major chore. Law school was even worse. I managed to rack up nearly seventy-five thousand dollars in student loans in those three years.

According to my calculations, though, had I actually made all of the trades that I had carefully noted in a journal, I would have made roughly 62 percent on my money. Starting with just a modest investment of $10,000, I figured I could have had nearly $300,000 on the day I graduated from SMU Law School. Everyone told me when I actually started investing it would be different.

The office was dark when I stepped out of the elevator precisely at seven. Since Paula's death a year earlier I usually didn't linger around the apartment in the morning. Given any amount of idleness I would invariably daydream about her and end up with a bad case of melancholy. It also made sense to go in early since traffic was much lighter. Traffic jams tended to induce daydreaming too, so I tried hard to avoid them. I know it sounds like I needed therapy but I was actually getting along okay, at least it seemed like I was.

After picking the Wall Street Journal off the floor and unlocking the door, I turned on the lights and looked at the big letters on the wall that spelled out Rogers, Phillips & Coleman, P.C., Attorneys at Law. It's not that I was an ego freak or anything but I did get a little twinge in my stomach each morning when I saw that sign. During law school I had clerked for a large Dallas law firm and had been awed by how the firm's partners were treated. Their time was so precious that no one dared interrupt them unless it was a matter of utmost importance. Most wielded enormous power and they all pulled down incredible salaries. But of all the partners only a few had their names as part of the firm's official title. This was the epitome of success. I prayed someday I'd reach that lofty position. My prayers were answered more quickly than I could have ever expected.

During law school I had a job selling life insurance for Prudential Life Insurance Company. It was the only job I could find at the time. They gave me extensive training in estate planning and marketing which proved to be invaluable once I graduated. The small firm of Rogers and Phillips hired me to handle their client's estate planning needs but when I discovered they didn't have a marketing plan I volunteered to develop one for them. It was a brash move on my part since I knew little about marketing a law firm, but I figured something was better than nothing.

After careful thought, it occurred to me that the problem with lawyers was that most clients would only see them when they were in trouble, had serious problems or were being compelled to do something unpleasant. Obviously going to the lawyer under these circumstances was dreaded and avoided if at all possible. Consequently it was not uncommon for a client to see his attorney but once or twice during his lifetime, if he were lucky. I had to do something about that. My plan envisioned bringing clients into the firm's offices on a regular basis so that a close relationship with them could be developed. Being very familiar with the attorneys in the firm, they wouldn't be reluctant to call us if the need arose. We brought them in for parties, seminars or just to ask for their advice on how to better serve them. The clients loved being pampered and consequently the marketing plan was a big success. It was so successful, in fact, I was made a partner in less than three years.

After stopping by the kitchen for some coffee I headed for my office where I sat down and began scanning the financial section of the paper. Unfortunately I still hadn't accumulated any money to invest. With big monthly payments on my student loans, the wedding, the funeral, food, clothing, auto insurance to name just a portion of the outflows of cash, I was doing well just to break even. I took a deep breath and contemplated the bonus that had been promised once I made partner. Thirty-five thousand dollars was a lot of money, more money than I could imagine having at one time. It didn't seem possible that in less than ten days I'd have it in the bank. Soon I could discard my fantasy portfolio of securities and actually play for real.

At eight o'clock I was glad to hear my secretary, Suzie Hoffman, rummaging around in her desk. I needed a cup of coffee and I knew she'd be bringing me one soon. Suzie was a great secretary. Not only was she competent and dependable but she was always in a good mood, laughing and joking about everything and anything. It was hard to be depressed around her because she was always smiling and would invariably have me laughing at her silly jokes and antics. I can't imagine how I'd have survived that first year after Paula's death without her.

Suzie walked into my office carrying a cup of coffee gingerly so as not to spill it.

"So, what's on tap today?" I asked.

"Oh, you don't know? Today's your lucky day, Franklin Fox is coming in to see you."

"Who's he?"

"He's an old client, a high roller who blew his daddy's fortune. He acts like he's a billionaire but I seriously doubt he's even solvent."

"I take it you don't like him much?" I said.

"Don't get me wrong, I wouldn't mind having his children. He's a great looking guy, but he's a little on the flaky side."

I laughed. "If he's a typical rich kid, he probably doesn't appreciate money or have a clue how to make it."

"Well he does know how to spend it. You may end up doing his bankruptcy one of these days," Suzie said.

"So what am I doing for him today?"

"He needs to do some estate planning. We did his divorce last year and he's just finally getting around to changing his will and setting up a trust for his daughter."

"Oh, is this a trust he agreed to set up as part of the divorce settlement?"

"No. He got custody of his daughter," Suzie said.

"That's unusual."

"I don't remember exactly what happened but I don't think Carmen asked for custody."

"Why did they get a divorce?" I asked.

"Franklin came from a rich family and Carmen was poor. She was a waitress at Franklin's country club, if you can believe that. That's where they met. From what I heard, she never fit in. Franklin's family did everything they could to sabotage the marriage. Divorce was inevitable."

"Do we have financials on him?" I asked.

"Sure, we have his divorce inventory, but it's a year old and whether or not he listed everything is anybody's guess."

'Well, it will be a start. Bring it to me."

Suzie left and I started searching my form files for an estate planning questionnaire. When she returned with the file, I began to look through it and started transferring information onto the questionnaire. According to the divorce inventory Mr. Fox had separate property of about a half million dollars which I assumed was left from his inheritance. Community assets had been sparse consisting of a little equity in a homestead, household furnishings and a couple cars. Besides losing custody of her daughter, Carmen got little from the divorce. It seemed a little odd so I decided to go talk to one of my partners, Peter Phillips, about it. It was eight forty-five and my appointment was at nine. After completing as much of the questionnaire as I could I walked down the hall to Peter's office. Peter was reading a letter when I walked in. We exchanged greetings.

"I'm sorry to bother you, but I'm seeing an old client of yours this morning, Franklin Fox."

"Oh, is he finally going to change his will? He should have been in here a year ago to take care of that. Be sure he changes the beneficiary on his life insurance too. I think his ex-wife is still listed on the policy," Peter said.

"I'll check into that," I said. "What I was curious about was the divorce. I know you're a great attorney but poor Carmen didn't get a dime. Is there something I should know?"

"If I remember correctly, Carmen got pissed off one day because she found out about one of Franklin's affairs. Shortly after that, she took off without letting anyone know where she was going. After searching for her for some time Franklin finally gave up and filed for divorce. There was nothing we could do but get service by publication. Since she didn't show up for the trial, we got a default judgment."

"How can a parent just up and leave like that?" I said.

"You got me. It was all kind of bizarre, totally unexpected."

"Did she say goodbye or give anyone any indication that she was leaving?"

"No," Peter said.

"Huh. . . . Suzie was saying Franklin got some big inheritance from his mother and father, but I only saw maybe a half a million in assets and quite a bit of debt on his financial statement. Is there a trust or foundation or something that didn't show up in the divorce inventory?"

"No, he inherited about four million but most of it's gone. Franklin's got a few bad habits, gambling, women, expensive cars, to name a few. I think he even sponsored a racing team at one time."

"Oh God. No wonder he's broke," I said. "I think I've got a handle on it now."

"Have Franklin come back and say hello when you're done," Peter said.

As I was walking back to my office, I noticed a middle aged man and a pretty young girl in the waiting room. When I went by Suzie's desk she advised me it was Mr. Fox and his daughter, Erica. After putting on my coat and straightening my desk, I told Suzie to show them in. I got up and went to the door. Erica walked in, surveyed the office and then smiled at me. She was a knockout in her maroon plaid skirt and white cotton blouse. Franklin followed right behind her and when he saw me, he extended his hand. Suzie made the introductions and after a little chit chat we got down to business.

"So, I understand we need to do a little estate planning?" I said.

"Yes, Peter told me to come in six months ago but I've just been too busy," Franklin said. "Erica and I are going skiing in Switzerland next week so I thought it would be smart to get my affairs in order, you know, for Erica's sake."

"Yes, it's a good idea to review everything periodically especially after a divorce. Where are you going in Switzerland?"

"Zermatt," Franklin said.

"Oh, I've never been there. I went to St. Moritz once when I was a teenager but that was a long time ago."

"The Alps are spectacular this time of year," Franklin said. " I try to go there at least once a year. This is the first time I've taken Erica. She's pretty excited about it."

"I bet. Have you skied much, Erica?"

"Uh huh, we've been to Aspen quite a few times," she replied.

"Well don't break any bones. I had a client in here last week on crutches."

"I won't. I don't go on the steep slopes like Daddy does," Erica said.

"Do you ski?" Franklin asked.

"No, I used to, but my wife didn't ski so it has been awhile since I've gone."

"Are you divorced?" Erica asked.

Franklin looked at Erica and said, "That's none of your business, young lady."

"Well he said she didn't ski," Erica said.

"It's alright, my wife died last year in a car wreck."

"Oh, I'm sorry," Franklin said.

Erica didn't say anything but just looked at me intently with her big brown eyes. I smiled at her wondering what she was thinking. Had my revelation about my wife's death reminded her of the loss of her mother? She did look a little sad. I guess I looked at her a little too long as Franklin lifted his hand to his mouth and faked a cough.

I said, "Alright, I need to ask you some questions. . . . Have you acquired any new assets since the divorce?"

"Ah, let me see," Franklin said, "Erica got a new 911?"

"Oh really? Nice car," I said.

Erica nodded. "I like it."

"Anything else?"

"No," Franklin said.

"Do you still have the AT&T stock?" I asked.

"No, it wasn't going anywhere. I went ahead and sold it," Franklin replied.

"Okay, what about the Houston Port Authority Municipal Bonds."

"I hate bonds. I don't know why my daddy ever bought them. They only earn five or six percent."

"So, did you sell them?"

"Yeah, I took the money and put it into a restaurant."

"Oh, so you own a restaurant now?" I asked.

"Well, I did, but we had to put into Chapter 11."

"Chapter 11. I see. So, is it still operating?"

"No, it was losing about eight thousand a month so we finally shut her down and converted to Chapter 7."

"Oh. That's too bad," I said. " So you don't have any securities then?"

"I'm afraid not," Franklin said and then looked over a Erica. "I have a big life insurance policy, though, just in case something ever happened to me I want Erica to have plenty of money."

"Is that the million dollar policy with Metropolitan Life?" I asked.

"Right," Franklin said.

"What's this twenty-five thousand dollar policy?"

"Oh, that's something I got on my American Express card. I figured it should just about pay off my Platinum bill if I kicked the bucket."

"Who are the beneficiaries?" I asked.

"Probably Carmen. I suppose we ought to change that."

"Yes, I think so. I'd suggest a life insurance trust own the policy and be the beneficiary. That way you could provide for someone to manage the insurance proceeds for Erica until she gets a little older and the policy proceeds would not be taxable in your estate."

"That's exactly what I was thinking. I've got to have someone to look after Erica when I'm gone and I sure as hell don't want Uncle Sam getting any of my money."

"Well, if you were to die the trustee would collect the million dollars and invest it for Erica's benefit. It would be their responsibility to provide for her health, education and support until she got old enough for a distribution."

"When should that be, do you think?"

Erica gave me an intense stare as I contemplated the question. It was awkward to be making this kind of decision with her present. After carefully choosing my words I responded by saying, "You know your daughter better than anyone. When do you think she would be mature enough to handle a million dollars?"

Erica looked at her father with no less intensity. He smiled.

"I guess when she's about fifty-five," Franklin said.

"Oh, thanks a lot, Daddy," Erica said and then looked at me and smiled. "I'm more mature than he is most of the time."

I didn't reply.

"You're right, honey, but a million dollars ain't easy to handle. You'd have half the male population of Dallas after you if they knew you had that kind of money."

"I doubt that," Erica replied.

"He's right, Erica. It would be a tremendous burden on you and it would be a lot safer to have a professional take care of it for you, at least until your twenty-five or thirty."

"Okay, twenty-five," Erica said.

"Hey, little princess, it's Daddy's decision, not yours. We'll go with thirty."

I didn't know why at the time, but I was suddenly overwhelmed by a desire to please Erica. I smiled at her hoping she'd realize I was just looking out for her best interest and not trying to deprive her of her inheritance. She smiled back, seemingly content with the decision, which made me feel better.

"The trustee, of course, will have the discretion to invade corpus if the income isn't enough to take care of Erica," I said.

"What's corpus?" Erica asked.

"That's the property in the trust or the assets the trust owns."

"Oh."

"Okay," I said. "Who's going to be trustee?"

"Gee, I don't know. Who do you suggest?" Franklin asked.

"Well, usually you appoint a family member who you trust implicitly and someone who's good with money."

"There's nobody like that in my family," Franklin said. "The only family I've got left is my sister, Martha, and I wouldn't trust her with my junk mail."

I smiled. "That bad, huh?"

"She's a witch," Erica said.

"She's just a little bitter," Franklin said.

"Why?"

"My father disinherited her. When she was seventeen, she wanted to get married to a guy in the Navy. My father refused to give her his permission so she eloped. She figured after thirty years he would have put her back in his will, but he didn't. Oh God was she pissed when they read his will and I got everything. She threatened a will contest but nothing ever became of it."

"I can imagine she would be a little bitter."

"After dad died she asked me to give her half the money, can you believe that?" Franklin said.

"So, what did you say?"

"Kiss my ass."

We all laughed. "Okay, then how about a bank?"

"You're joking, right?"

"Well, no. What's wrong with a bank?"

"You haven't known many bankers have you?"

"Not many," I said.

"Those sorry sons of bitches just as soon slit your throat as give you the time of day. The only time they want to loan you money is when you don't need it. If it wasn't for the bank calling our note the restaurant may not have gone under."

"Well, there are trust companies that do nothing but manage trusts and pension plans, " I said.

"I don't think so. I don't want some stranger taking care of Erica. She'd just be a number to them. Erica needs special attention, she needs someone who cares about her, someone she feels comfortable talking to."

"Well, they wouldn't be taking care of her. That's the guardian's job. They would be taking care of her money."

"Same difference," Franklin said and then looked me in the eye. "How about you?"

"Huh?" I said. "Me?"

"Yeah, why don't you be Erica's guardian?

"You mean trustee?" I said.

"Right."

The idea of being Erica's trustee hadn't crossed my mind. Before that day I hadn't even known she or her father existed. I looked at Erica and she was smiling. It wasn't unusual for a client to ask their attorney to be a fiduciary and the prospect of seeing Erica on a regular basis was not unpleasant. I was flattered at the request, but I knew being her trustee wasn't a good idea.

"Well, it's not usually appropriate for your attorney to be the trustee. Our insurance carrier frowns on it," I said.

"You know more about me and my affairs than anybody. I'd really like you to be the trustee," Franklin said and then looked over at Erica. "Don't you think Rich would be a good choice, honey?"

"Yeah, Mr. Coleman can take care of my money, that would be fine," Erica said as she began to adjust the rubber band holding her pony tail in place.

"You sure, honey?" Franklin said.

Erica shook her head trying to get her pony tail to mind. She smiled and replied, " Well, until I'm thirty and then I get to blow it."

"You better not blow a million dollars, honey."

Erica looked directly at Franklin and replied, "Why not? You blew four million."

"Hey!" Franklin said. "That wasn't nice, little lady. Maybe I should do to you what my daddy did to Aunt Martha."

"You can't, there's nobody else to leave it to."

"There's always the Salvation Army, right Rich?"

"True," I said.

"Ah, you love me too much to give it to anyone else."

Franklin smiled but didn't say anything.

"I think she's got you there," I said. "I'll have to check with Peter to see if the firm will let me act as trustee. It's not that I don't want to be trustee but there a lot of legal issues involved in something like this."

"Well, go find Peter and tell him to get his sorry ass in here."

I laughed. "Okay, I'll go get him."

I got up, smiled at Erica and went to find Peter. As we walked back to my office I briefly told him the situation. When we entered the room Franklin stood up and Peter shook his hand. Erica, who had gone over to the window to look at the Dallas skyline, turned and walked toward them. Peter looked at her and did a double take

He said, "Boy you're so grown up and getting more beautiful every year. What are you eighteen now?"

"Seventeen and a half," Erica said.

"Really, so it's off to college, huh."

"Yes, I've already been accepted to SMU next fall."

"Congratulations," Peter said.

"Thank you."

"So what's this about Rich being your trustee?"

"Yeah, Erica and I want him to be trustee over Erica's trust," Franklin said. "Unless you want to do it."

Peter laughed. "No, I don't think so. That's not my area of expertise. I'm lucky if I can balance my checkbook."

"Well, there's nobody else really to do it. You know how I hate banks."

Peter thought a moment. "Well, ordinarily I would say no. We don't usually allow attorneys in the firm to act in a fiduciary capacity since there is a lot of risk to the firm, but there have been a few exceptions. It just so happens Rich does have a good financial background and considerable talent in managing money. He would definitely be qualified."

"He'll do a good job, I'm sure and I can tell Erica likes him already," Franklin said. "That's the most important thing, Erica needs to be comfortable with the man who's handling her money.

"Thank you," I said wondering what I had done to garner such trust in just fifteen minutes. I looked at Erica to get her reaction. She smiled and then looked away.

"Okay," Peter said. "It's settled then."

"Good," Franklin replied.

By eleven we had pretty much finished our meeting. We scheduled a time to sign everything before the ski trip and then Franklin and Erica left. This was my first appointment as a trustee so I was feeling somewhat flattered by the gesture. I got out a spreadsheet and started thinking about how I would invest a million dollars if I had it. Under trust law, I knew I couldn't do anything the least bit risky and I had to diversify my holdings. That meant no commodities, trading on margin, selling short, buying options or other risky investment techniques that had intrigued me so much over the years. Without these tools and techniques I figured I'd be lucky to earn ten percent on Erica's money. It was a shame I couldn't just invest the money without restriction and really watch the portfolio grow.

A few days later, Franklin stopped by and signed the trust, beneficiary and ownership changes on the life insurance policy and all the other estate planning documents we had prepared. Suzie and I wished him a bon voyage and made him promise to send us a post card. That was the last time I saw him.

I quickly forgot about Franklin and Erica as Peter had set up a luncheon for the members of the firm to give out annual bonuses. I was obviously very excited. The luncheon was held at the Landmark Club and Peter had invited all the wives and most of the firm's VIP's. When everyone was seated, Peter got up to say a few words.

"Good afternoon. I want to thank you all for taking time out of your busy day to join us for lunch today. As you know Rogers, Phillips and Coleman was formed five years ago by Paul Rogers and myself and thanks to all of you we're the second fastest growing law firm in Dallas with seven new associates this year."

There was a round of applause and then Peter said, "You all know Paul who's seated next to me here with his lovely wife, Alice. As you know Paul and I struggled the first few years. We were only modestly capitalized and starting a new law firm in such a competitive marketplace as Dallas was tough. Fortunately Richard Coleman came a long with a new perspective on running the firm. A lot of our success has been due to his hard work and skill. As you know, we rewarded him by making him the first associate at Rogers and Phillips to make partner."

The crowd gave me a round of applause and I smiled and nodded my thanks to them. Peter continued, "It wasn't until Richard came that we learned how to market the firm's business effectively and we really began to grow. Many of you are here today because Richard taught us that our clients were the most important members of the firm and they should always be kept informed as to what we were doing and invited to participate in the firm's activities. Richard we thank you for your contribution and look forward to another great year of growth and innovation."

"Thank you, Peter," I said.

Once Peter got going it was tough to shut him up. He went on for another twenty minutes or so before he announced the firms' fourth partner, Rudy Wells, and handed out the annual bonuses. I was happy about having a thirty-five thousand dollar check in my hand at long last but not having anyone to share it with left me feeling empty inside.

On the way home I stopped by the offices of Bear Stearns & Company to see my friend, Joe Weston. Joe had been my college roommate and closest friend. We were both finance majors and were in the Wall Street Wizards together. After we graduated from college he went to work for Bear Stearns and I went to law school. He was my best man when Paula and I got married and a pall bearer at her funeral. I was excited to tell him the news.

"That's a pretty sweet bonus," Joe said.

"Tell me about it. So what should I do with it?"

"You're asking me? As I recall you got the Wisest Wizard award four years in a row."

"True," I said. "But that was for fun. Now I'm talking about real money. You're the expert now. I haven't been on top of the markets like you have. They must be smothering you with in-depth reports and inside information, right?"

"Yeah, but I'm not as good as you were at cutting through all that shit," Joe said. "You're the only person I know who could hold a prospectus up to his nose and tell whether the investment stunk or not."

I smiled. "Well, my sense of smell's not so good these days. Just put me into something relatively safe."

"Safe? Are you okay?"

"Yeah, I'm doing fine. Maybe some muni bonds so I don't get killed on income taxes."

Joe shook his head. "What is it? Paula?"

"I guess. I still think about her a lot."

"Hey, maybe I should fix you up with somebody? You need to start thinking about the future and forget about what happened. We just hired a new secretary I know you'd love her. She's hot as a jalapeno."

"Thanks, but I can't imagine another woman in my life right now. I'd be a lousy date."

"I doubt that. Wait till you see her. She'll make the past nothing but a blur, I promise."

"I doubt that, but thanks for giving a shit."

Joe shrugged. "Well, if you change your mind, let me know. There's a new club on Greenville I want to show you."

"I will," I said and pulled my bonus check from my coat pocket and handed it to Joe. "Put this to work for me, okay. I'm gonna go home. It's been a long day."

"I'll take care of it. . . . Hey, the firm's got a half dozen season tickets to the Rangers. You want to catch a few games," Joe said.

"Absolutely, that would be great."

"Good, I'll give you a call when the tickets come in."

On the way out Joe made a point to introduce me to Renee. I'll have to admit she looked very tempting but just thinking about asking her out engendered such a flood of guilt I quickly dismissed the idea. I knew there would have to be a time when I got over Paula and got on with my life, but my heart told me that time had not yet come. I wondered how long it would be.

It was early the following Saturday morning when I got a phone call. I hated phone calls in the night because they almost always meant trouble, somebody was dead, sick or in jail. I hesitated before picking up the phone.

"Mr. Coleman, this is Jean Paul Moitz with the American Consulate in Berne."

"Where?"

"Berne. Berne, Switzerland."

"Switzerland? You sure you dialed the right area code?"

"Yes, you are Richard Coleman, am I right?"

"Yeah, . . . okay. What can I do for you?"

"I have a young lady here who is quite distressed and asked me to call you."

"Huh? . . . What’s her name?" I asked.

"Erica Franklin. She says you are her guardian."

"Erica Franklin?"

"Right. Are you her guardian?"

"Ah. . . . Well, not really, I'm her trustee. What's going on?"

"Her father, Franklin Fox, died early this morning in a skiing accident?"

"Oh, Lord!"

"She said she doesn't have any relatives so I should call you," he said.

"She told you to call me?"

"Yes."

"Huh. . . . Well, is she there? Can I talk to her?"

"Yes, hang on."

"Mr. Coleman?" Erica said.

"Yes, hi Erica," I said. "I'm so sorry to hear about you father."

"Thank you. I'm sorry to bother you but I don't know what to do. I need some help and I didn't know who else to call."

"It's alright, I'm glad you called me. When did this happen?"

"Just a few hours ago," she said.

"Are you alright?" It was a stupid question and quickly regretting asking it.

"No," Erica said as she began crying. "Why did this have to happen? It's not fair. What am I going to do without Daddy?"

These were all tough questions to which I had no answers. I took a deep breath while I rummaged for something comforting to say. "I'm so sorry. I know how terrible you must be feeling, but you've got to be strong."

"I know, I'm trying to be. Now I know how you felt when your wife died."

It surprised me that she remembered my brief mention of Paula and had related my experience to what was happening to her. It seemed extraordinary for a teenager to be so perceptive at a time of such personal tragedy. "I guess you do," I said. " Listen, I'm going to hop on the next plane. I don't know how long it will take me to get to you exactly, but I should be there within twenty-four hours I would imagine. Can you stay at the Consulate until I get there?"

"I don't know, I'll ask."

The phone went dead for a moment. I couldn't believe this was happening. While I was holding I tried to remember what I had going on the next few days. Could I just cancel everything and run off to Europe? I took a deep breath and waited.

"They said they'd take me back to my hotel at Zermatt until you get here. They said they'd alert the local authorities and I could call them if I needed anything."

"Good, what hotel?"

"The Victoria-Jungfran."

"Okay, you hang in there. I'll see you tomorrow."

After hanging up the phone I looked at the clock. It was 4:35 a.m. My body wanted to go back to sleep but I knew if I wanted to catch an early flight I had better get going. I leaned down, picked up the yellow pages from under the bed and began flipping pages searching for the number for American Airlines reservations. Once I found it I called and was advised the next flight to London was at 7:27 a.m. After taking a quick shower I pulled my suitcase down out of the closet and started packing. By 5:45 I was ready to leave so I called a cab to take me to the airport. After a forty-five minute trip to Love Field, I checked-in and then decided I better call Suzie at home and advise her what had happened. I called her and told her to cancel all my appointments for the next few days.

Luckily I had a current passport and a visa wasn't required for Great Britain or Switzerland. At 7:15 I sat down in my seat on Flight 221 to Geneva, Switzerland via London. As soon as we were in the air I closed my eyes and fell asleep. When I awoke we were over Tennessee. The flight attendant asked me if I wanted some breakfast but I declined as I usually didn't eat before noon.

An hour later as the big jet headed out over the Atlantic it suddenly dawned on me that I would soon be collecting over a million dollars in life insurance proceeds. Even though the money wouldn't be mine, the thought of managing such a large sum excited me. For several minutes I imagined myself wheeling and dealing with Erica's money. I could see her joyful face as I handed her a big check and she rewarded me with a grateful kiss. Then suddenly I was stricken with fear. What if I screwed up and lost money? What if the stock market crashed and I lost everything? Shit. If I lost my own money that was one thing, but if I lost Erica's money that would be unbearable.

By the time we were mid-way to London, my daydreaming had inevitably turned to Paula. She had been the perfect wife, always so attentive and full of love. We had been high school sweethearts at Santa Barbara High School. She had waited patiently for me to graduate from UCLA and then SMU law school. It had been difficult for us living so far apart but our love had been strong enough to survive that long ordeal. Our wedding took place at the old Santa Barbara Mission. It was a magnificent place for a wedding. While standing at the alter waiting to take the vows of marriage I had wished that our marriage would be as enduring as the fortress in which it took place. I could see her in her wedding gown, so happy, so vivacious coming down the isle.

Then we were driving south on Central Expressway near Campbell Road. From nowhere a car began weaving in and out of traffic. It veered in front of us so I slammed on the brakes to avoid a collision. The car spun around and smashed into the center median. It bounced back in front of an eighteen wheeler and that's all I remember. I woke up in Richardson General Hospital. I was in intensive care with tubes running up my nose, IV's in my arms and electronic sensors taped to my chest.

"Nurse, where's my wife?" I said as I looked around the stark room.

The nurse's face dropped like ice in a tall glass. She turned away, I could see the pain in her face. She turned back toward me, looked me in the eyes and replied, "She's dead."

Tears began to swell in my eyes, I began to shake, I couldn't breathe.

"No! . . .Please God, No! Not Paula. . . . No! No!" I cried.

"She died this morning. She put up a good fight but the damage to her spinal cord was too extensive."

My eyes were wet and swollen when I woke up from my daydream. The flight attendant stopped and gave me a hard look. I wiped away the tears and forced a smile. She asked if I was okay, if I wanted anything. I asked for some water. She nodded and went to get it for me.

As I looked out the window to the vast ocean passing beneath us, I wondered how Erica was doing. She must be devastated. First the divorce, then her mother's disappearance and now her father's death. God, what she must be going through. I looked down at my watch and saw it was nearly two. It wouldn't be long until we landed in London and then another few hours and I'd be in Geneva. I wondered how I would get from Geneva to Zermatt. When the flight attendant showed up with my water I decided to ask her.

"No problem. There's a bus . . . As a matter of fact I'm taking it this afternoon. I'd be happy to show you to it."

"Oh, would you?"

"Sure, it will take me about fifteen minutes to clean up after the flight and then we can leave."

"Oh, thank you. That's very nice of you."

"My pleasure."

"What's your name," I asked.

She smiled and extended her hand. "I'm Kathy Conley."

I introduced myself, we shook hands and then she went back to her duties. I couldn't believe how lucky I had been to get an escort to Zermatt. I knew that would save me a couple of hours of travel time and Erica a few hours of loneliness. The remainder of the flight went quickly. We landed in London briefly and then were back in the air on our way to Geneva. As the Alps appeared beneath me I suddenly realized I hadn't packed for cold weather. It was sixty-nine degrees in Dallas when I left so I forgot all about the freezing weather I would be facing in Switzerland. Finally the plane made its descent and landed in Geneva. After deplaning I sat down to wait for Kathy to finish up her work so we could leave. When she emerged from the ramp I stood up and smiled.

We started walking through the lobby area towards a big sign that read Customs. We went through some glass doors and then got in one of the long lines to have our passports checked.

"So why are you in a hurry to get to Zermatt? Are you a skier?" Kathy said.

"No, this isn't a vacation unfortunately. . . . A client of mine died yesterday. I'm an attorney."

"Oh."

I explained the situation to Kathy in the cab on the way to the bus station. The bus was filled with a boisterous bunch of skiers anxious to get onto the slopes. The route to Zermatt was extraordinarily beautiful as we traveled through majestic snow capped mountains, magnificent forests and numerous quaint little villages. As I watched Kathy I began to feel a little guilty but I didn't know why. Then I realized Kathy was beautiful and I was attracted to her. Sure, I was single but it had only been a little more than a year since Paula had died. I hadn't even thought about another woman until Joe had brought it up. I felt ashamed. My shame, however, couldn't quell the emotions that were rising inside me.

"Are you a good skier?" I asked.

"No, not really, but I have fun anyway."

"It's so beautiful here it would be difficult not to have fun."

"Do you ski?" Kathy asked.

"Yes, but I haven’t done it for awhile?"

"How come?"

"My wife, she-"

Kathy frowned. "You're married then."

"I was. She died a year ago."

"Oh, . . . I'm sorry. I didn't-"

"It's alright. It was an car accident." I told her about Paula's death.

"So how about you, are you married?" I asked.

"Divorced."

"Oh, that's too bad."

"It was the best thing that ever happened to me."

"Really? Do you have any children?"

"No, being a flight attendant doesn't leave much time for a family. My husband was an architect and didn't have much extra time either. We hardly saw each other."

"Is that why you split up?"

"No, it was due to his secretary, Rita."

"He cheated on you?"

"I'm afraid so."

"I couldn't imagine that."

"Why?"

"If you were my wife I doubt I'd be looking at other women."

Kathy smiled and turned away. Another cringe of guilt overcame me. What was I doing flirting with a woman? It wasn't right I told myself . . . but I couldn't stop.

"Men just don't appreciate what they have nowadays. Paula was the most wonderful woman in the world and I knew it. When she died I was devastated. I'm still devastated. Your husband was an idiot for letting you get away."

"I'm lucky to be rid of him," Kathy said.

When the bus finally arrived in Zermatt I was a little sad. I hadn’t had a serious conversation with a woman in over a year. Talking to Kathy had felt good and brought back memories of the wonderful conversations Paula and I had enjoyed during our brief marriage. After Kathy said goodbye, I caught a cab to the hotel where Erica was staying. An aide from the consulate was waiting there for me. She briefed me on the procedure for getting Franklin's body shipped back to the U.S. then we went upstairs to Erica's room. Erica eagerly opened the door when I knocked.

"Mr. Coleman, oh thank God you're here," she said as she put her arms around my neck.

She held me tightly for a moment, sobbing intermittently. I smiled at the aide who watched us. Finally I eased her into the room and we sat down. I looked at the aide and said, "Thank's so much for your help. I think she'll be alright now. I'll call over to the Consulate in the morning and make an appointment to come in and take care of everything."

The aide left and I turned my attention to Erica who wasn't looking so good. Her eyes were swollen and bloodshot. She obviously hadn't slept since she’d called me. Her clothes were soiled and wrinkled and she couldn't keep her hands from shaking.

"Have you been alright?" I asked.

"Yes, the people at the hospital and the Consulate staff were so nice," Erica replied.

"That's good. Did you sleep?"

"No, I couldn't."

"I didn't either the first night. I know it must have been tough for you. The first night is the worst."

"I can't believe Daddy's gone. We were having such a good time. Why did this have to happen?"

"No one has an answer to that question except God. Maybe some day you'll understand."

"I'll never understand what I did to deserve this. It's not fair." Erica sobbed. "Isn't losing a mother enough?"

"I don't think this a punishment thing. It's just fate. There's nothing you could have done to prevent your father's death."

"How do you know how God punishes people?"

"I don't. It's just an opinion."

"But you made it sound like it was a fact," Erica said.

"You're right, I'm sorry for getting into religion. I don't even know what religion you are. Listen, are you hungry? I bet you haven't eaten today."

"Mom and I were Catholic. Dad was Episcopalian but he never went to church."

I nodded. "Are you hungry?"

"Sure, okay."

"Come on, I saw a little cafe down the street."

Erica went to the closet and got a heavy coat. As we were leaving she noticed I only had a light jacket. She frowned. "You're going to freeze to death."

"It didn't occur to me to bring warm clothes. I kind of left in a hurry."

"I'm sorry," she said and then went back to the closet and returned with a heavy jacket. "This was Daddy's jacket. You can use it."

"Oh, thank you," I said and then put it on.

We left the room, took the stairs to the hotel lobby and then went outside. I quickly felt the icy chill of the north wind and was glad I had a warm jacket. The sky was dark and there was a light snow falling. As I looked around the bustling little village I thought, what a nice place to die. I mean, if you have to pick the spot, Zermatt was certainly a good place. We walked two blocks and then entered the Restaurant Seilerhaus where we were welcomed by the warmth of a raging fireplace. The waitress took us to a table and we sat down.

"Tomorrow I'm going to the funeral home to arrange for transportation of your father's body. I'm going to need a death certificate too so we can collect the death proceeds from the insurance policy. I'm afraid we're going to have to stay a day or two in order to get it."

"Why don't you just have them mail it?"

"If we don't get it before we leave it might take weeks or even months to get it. The insurance company won't pay without a death certificate."

"So, I'm rich now, huh?" she said.

"Well, I guess a million dollars might qualify you, but not excessively. A million dollars isn't what it used to be."

"How long until I get it?"

"Usually just a few weeks," I said.

Erica looked around the room nervously and then took a deep breath and smiled.

"You okay?" I asked.

Erica nodded her head and then asked, "Where will I live?"

"Where are you living now?"

"In Daddy's condo."

"Why don't you go live with your aunt?"

Erica lowered her head and replied, "Get real."

"What's wrong with your aunt?"

"Besides being a bitch she lives in Odessa for godsakes. I've already lost my parents, isn't that enough. What now, I get exiled?"

"No, you're too old to be told where to live. I'm just trying to discuss options."

"Why can't I stay by myself at Daddy's condo?" she asked.

"I don't know. We'll have to give that some thought."

"It's not that big. Daddy and I were pretty cramped. It's really perfect just for me."

"Well, when we get back I'll check the feasibility of you staying there. Since you're not eighteen yet technically you should be under the custody and control of an adult. Logically that would be your aunt."

"I'll be just fine on my own. Besides, if I need anything I can come to you, right?"

"Of course, I'll help any way I can, but I'm not your guardian or a substitute parent."

Erica smiled and replied, "Well, I should hope not."

After dinner I took Erica back to the hotel and we went to our rooms. The next day I took care of the transportation arrangements and then thought about how Erica and I should kill the remainder of the weekend. I wanted to keep Erica occupied so she wouldn't be dwelling on her father's death. After explaining my dilemma to the concierge, he suggested we go to an ice skating exhibition that night and attend a hockey game on Sunday afternoon. Erica seemed appreciative and was very pleasant company. On Sunday morning we went to church and were waiting for the service to begin. Erica looked much better when I picked her up. She had got some sleep, taken a hot bath and put on a black dress purchased for her by one of the secretaries at the consulate.

"This is the most beautiful church I have ever seen," Erica said.

"Isn't it, though? They don't build churches like this back in Dallas," I said.

"Do you think Daddy is watching us?"

I took a deep breath to keep from laughing. "I don't know. It's possible, I guess."

Erica looked up and scanned the ceiling. "Wouldn't it be funny if he were floating up there right now looking down at us?" Erica raised her hand and yelled, "Hi, Daddy." Then she looked at me and laughed, "Everyone's going to think I'm crazy, huh?"

"No, you may be right. Who knows?"

"Do you believe in the tunnel and the bright light?"

"Huh?"

"You know how people who have had near death experiences claim to have been drawn down a tunnel to a bright light. Do you believe that’s what happens when you die?"

"Well, it’s kind of hard to believe, but then again there have been so many people with that same experience it’s kind of hard just to dismiss it as nonsense."

"Well, I believe it," Erica said. "Can we go to the chapel and light a candle for Daddy after mass?"

"Sure, I'd like to light one for Paula, too," I said.

"Were you mad at God when Paula died?"

I thought a minute. "I don’t know if I was mad at God so much as I was with the asshole who was driving after downing eight beers."

"Well, I’m pissed. Daddy never hurt anybody, he was a good man. There was no reason for him to die."

"I know. It makes no sense and we will never be able to understand it fully. So, just try not to think about it."

"Like you don't think about Paula?"

Luckily the service began before Erica broke out in tears again. It was a beautiful ceremony. When it was over we went to the chapel, lit two candles and prayed for our lost loved ones. After lunch, we went to the hockey game which turned out to be quite exciting although we didn't know one team from the other. Early on Erica determined that we should back the red team as they had prettier uniforms. Although I didn't see the logic in that, I didn't feel like challenging her at this point. That night we went to dinner at a Restaurant Stochorn which was highly recommended by the concierge. When we were done we ordered coffee.

"Thank you, Mr. Coleman for helping me get through these last few days."

I hated when people called me, "Mr. Coleman." It made me feel old. "It's been my pleasure and I think we can cut the formality. Why don't you call me Rich? That's what all my friends call me."

"Does that mean we're friends?"

I smiled. "I hope so."

Erica smiled back. "Good."

"I've really enjoyed being with you. Your father must have loved you dearly. You're a wonderful girl. I think it's going to be fun being your trustee."

"You like handling money?"

"Well, as a matter of fact, I do. It's kind of a hobby of mine," I said.

"Really. Are you any good at it?"

"Well, on paper I’ve done pretty well."

"How well?"

"Oh, sixty percent or so annually the last 10 years," I said.

"Oh, my God."

"But, to be honest, I never really bought any stock, they've all been fictitious trades."

"What do you mean?"

I explained the Wall Street Wizards to her.

"But if you would have actually had the money you would have made the same trades, right?

"I would assume so."

"How do you know when to buy and sell?" she asked.

"You've got to follow the stocks closely, research the companies and keep an eye out for good buys. Then you've got to leverage yourself by trading on margin and when the time is right, selling short. I'm pretty good at commodity trading too. You can make a killing in a hurry in commodities if you can anticipate important market swings."

"So do you get paid for doing this?"

All these questions caught me off guard. It made sense, though, that Erica would be curious about my duties as trustee now that her father had died. No doubt she paid little attention when she and her father had first met with me because it didn’t seem relevant with her father alive and well. Now suddenly I would be controlling a million dollars of her money. So my duties were quite relevant to her future well being. She deserved some answers.

"For being your trustee?" I asked.

"Uh huh."

"Yes, of course."

"How much?"

"The trust provides that I get the greater of five percent of earnings or $5,000 a year. Why? Does that bother you?"

"No, you should get paid, I was just curious," she said.

"I want you to understand everything that's going on. If you ever have any questions about anything just ask me, okay?"

Erica laughed. "I will, believe me, I will."

After standing in line for two hours I was able to get Franklin's death certificate. With our business concluded we went to the station and took the last bus to Geneva. We stayed overnight in Geneva and boarded our American Airlines flight Tuesday morning. Erica had a middle seat and I was seated on the aisle. As I was easing back into my chair getting ready for our take-off I heard a familiar voice. It was Kathy.

"Hey, I was hoping I'd see you on your return flight," she said.

"How are you?" I asked.

"Fine."

I introduced Erica to Kathy.

"Oh, I'm so sorry about your father, Erica," Kathy said.

"Thank you," Erica replied and then turned her head away.

"Well, we can talk later. Enjoy your flight."

"Thanks, Kathy. I'm so glad to see you."

"Me too."

Erica watched Kathy as she walked down the aisle. Then she turned to me and said, "You didn't tell me you made a friend on the way to Switzerland."

"I didn't know you'd be interested," I said.

"I'm not, I'm just thought in all the hours we were together you would have told me."

"It didn't occur to me. I only saw her for a couple of hours and when I got to Zermatt I forgot all about her."

"Do you like her?"

"Yes, I do. She's very charming and I think she'd be fun to be with."

"Are you going to ask her out?"

"Maybe."

Erica's line of questioning amused me. I couldn't believe she cared about my social life. The funny thing was it felt good to have someone care a little about me. For the first time since Paula's death the emptiness inside began to wane. It occurred to me that whether I liked it not I was destined to become Erica's surrogate father. What a strange and wonderful feeling it was to suddenly be responsible for another human being. I almost felt like passing out cigars.

Three

    It wasn't easy getting out of bed on Wednesday morning as I was suffering from a bad case of jet lag. The thought of facing the office after a three day absence didn't help either. There would be a stack of phone messages capable of producing instant depression and the in-box that would be stacked half way to the ceiling. Finally, I dragged myself out of bed and hit the shower. The hot soothing water felt so good I lingered longer than I should have. Eventually, I got dressed and left for the office. As I was driving south on Midway Road towards LBJ, I felt an unusual hunger pain. I attributed it to overeating in Switzerland. My stomach must have been stretched and now it was accustomed to more food than it needed. The thought of stopping at Denny's crossed my mind but luckily the memory of a childhood weight problem resurfaced and I drove on by.

When I got to the office Suzie greeted me with her usual gleeful smile and went to get me some coffee. As I walked into my office I shuddered at the sight of my desk. It was even worse than I expected. Before I got my coat off and had a chance to sit down, Peter walked in.

"So, how is Erica?" he asked.

"It was really tough on her. She took it pretty bad."

"I can imagine," Peter said. "Losing two parents in a year must be hard to take."

"It was, but she seems to be a tough young lady."

"So, did Franklin sign his trust before he left, I hope?" Peter asked.

"Yeah he did, so I guess I've got my work cut out for me. In fact, she's already presented me with an interesting problem."

I explained Erica's aversion to living with her aunt.

"But she's a minor."

"I know, but we can't force her to move to Odessa. Besides, she'll be eighteen soon."

"So, what are you going to do then?" Peter asked.

"I suppose I'll petition the court to emancipate her so she'll have the rights of an adult. She seems mature enough to handle it."

"Good idea, that way she'll be responsible for her own actions and we won't have to worry about any potential liability exposure."

"That's true, I hadn't thought about that," I said.

"You better start thinking about covering your ass now that you're her trustee."

"What do you mean?"

"I mean now you have a fiduciary duty towards her. You better dot all your i's and cross your t's my friend," Peter warned. "If you screw up, she'll own you."

"She's a nice girl. I'm not worried about that."

"If I were you I'd worry about it," he said. "Money has a way of bringing the worst out of people."

I shook my head. "I think we really bonded this weekend. It's going to be fun being her trustee."

"Fun? I know she's a knock out, but you're not supposed to have fun. You're just her trustee, remember?"

"I'm talking about the money. Having a million bucks to play with."

"Oh . . . that, well actually it's two million, isn’t it?"

"What?" I said.

"Double indemnity. Accidental death."

"Oh yeah, you're right. Oh my Lord."

"You better be careful. Don't even think about doing any of the exotic securities trading you've told me about."

"What do you think, I'm stupid?" I said.

"No, but it’s a lot of money so I just want you to be extra careful."

"Trust me, I will be very careful."

"Good," Peter said with a look of relief.

After Peter had left, Suzie showed up with my coffee and an exuberant smile. The anxiety Peter had momentarily created vanished as I told Suzie about my trip.

"So ole Frankie boy really did it this time," Suzie said.

"What do you mean?"

"He managed to screw up Carmen's life, then his own and now Erica's."

"How did he screw up Carmen's life?" I asked.

"He married her."

I laughed. "Was he that bad?"

Suzie nodded. "He was a real bastard. I hated him the first day I met him."

"Well, he can't do anymore damage now. Hopefully Erica will come through all of this with some semblance of sanity. At least with two million dollars money won't be a problem."

Suzie left and I started answering phone calls. By lunch time I had reached everyone that I could so I put my briefcase on my desk and opened it. Franklin's death certificate was lying on top of an assortment of legal documents. Seeing it reminded me I needed to file a death claim. I hit the intercom button and asked Suzie to bring me Franklin's estate planning file. After she brought it to me I found the insurance policy and called information and got the number of the insurance company's home office. I called and advised a young lady in the claims department of Richard's death. She put me on hold and went to get the policy file.

"Let me see here," she said when she got back on the line. There was a moment of silence. I began to get nervous.

"What's wrong?"

"This policy seems to have lapsed."

"Lapsed?"

"Yes, nearly a year ago."

"You’ve got to be joking!"

"No?" she said. "I'm sorry but that seems to be the situation."

"Oh Jesus. Are you absolutely sure about this?"

"Yes, there are several lapse notices in the file and there's a note we called Mr. Franklin but, I’m afraid he never sent in the delinquent premium."

I got up and started pacing behind my desk. "Oh my God. I can't believe this. . . . Damn, . . . Two million dollars! Oh shit!"

"I'm sorry, Sir. I'll double check with my supervisor, but the policy has definitely lapsed."

"Can you send me copies of the lapse notices?"

"I'll send you a claim form. You can file a claim but I'm sure it will be denied."

"Okay," I said too stunned to think clearly.

"I'm terribly sorry," the lady said.

"So am I."

I leaned back in my chair and rubbed my forehead to ease the headache that had suddenly developed. How was I going to break the news to Erica that she was penniless? I hit the intercom button and yelled for Suzie to come in.

"What's wrong!" she said with bewildered look on her face.

I told her the bad news.

I said, "How am I going to tell Erica? Oh God, I can’t believe this!"

"It's not like it was your money, Rich."

"Erica's going to be devastated."

"Well there's still the group insurance."

"What group insurance?" I said.

"Didn't Frankie have an American Express Life policy for twenty-five grand?"

"That's true, he did."

"So, if he paid his American Express bill it'll still be in force," Suzie said.

"And if it had double indemnity it'll pay off $50,000," I said.

"That's not two million but it's better than a chisel up your ass."

I shook my head. "Come on, Suzie. This isn't funny. How would you like to give Erica the bad news?"

"If you'll swap salaries with me, I'll do it," she replied.

"Don't tempt me. Right now that doesn't sound like such a bad deal." I took a deep breath and tried to calm myself. "I guess it could be worse. Fifty thousand dollars ought to keep her off the streets a couple of years."

"Well, I don't know about that, she's used to living pretty lavishly," Suzie said.

"She'll have to change."

Suzie laughed. "Fat chance."

"You better call her and have her come see me right away. I don't want to keep something like this from her too long. It's best to just get it over with so we can start figuring out how to deal with the problem. . . . Oh, God. This is terrible."

On Friday Erica was scheduled to see me. At nine thirty, Suzie advised me that she had arrived. I hadn’t slept all night so I felt like crap. I cleared off my desk, put on my coat and stared out the window for a few moments trying to figure out what I was going to say. Getting no inspiration I finally I told Suzie to send her in. I’d just have to ad lib. As she entered my office she gave me an exuberant smile. When I didn't reciprocate, she frowned and immediately asked me what was wrong. She sat down and I briefly explained the situation.

She swallowed hard. "You mean I won't get the money?"

"I’m afraid not. There was no insurance coverage when your father died."

She jumped up and began pacing. "That can’t be right. Daddy always paid his bills."

"Not this time apparently."

She glared at me. "I know he must of paid them. He promised me I’d be taken care of if anything happened to him. There must be some mistake."

I stood up. "There’s no mistake, Erica. The policy lapsed."

She closed her eyes and put her hand on her temple. "Oh shit. What am I going to do without money."

"Well you're not destitute, there was a fifty thousand dollar policy in effect."

She opened her eyes. "How much?"

"Fifty thousand," I said and sat down.

"Fifty thousand, that's nothing! In a year I'll be broke. SMU cost $25,000 a year just in tuition. What am I to do?"

I took a deep breath. "I don't know, I'm really sorry."

She began biting her fingernail. "Isn't there anything you can do? Can't we sue them?"

"Not really, they're sending me proof that the policy cancellation was justified. We wouldn't have any grounds for a lawsuit"

"What am I going to do? This can't be happening. How could Daddy let the policy lapse?"

"I'm sorry. I'm really sorry, but we'll figure out something. Don't worry."

Erica gave me a scathing look. "Don't worry? What in the hell am I going to do? Shit!" She went to the window and paced back in forth. Finally she stopped and turned to me. "Rich, you've got to do something."

"Come sit down. We need to do a budget for you. You'll have to curtail your lifestyle a little bit to make the money last."

Erica turned around and looked at me. "But I don't want to do that. Daddy promised he'd always take care of me. Now, I'm going to end up on the street."

Erica began to cry. I got up and went over to her and put my hand on her shoulder.

"You're not going to end up on the street but you may have to get a job," I said.

Erica pushed me away. "What? And make four bucks an hour. That'll do me a lot of good."

I shook my head. "A lot of people make just four dollars an hour."

"Not me. I'm not doing that," Erica said as she folded her arms and glared at me.

I laughed. "What choice do you have?"

"You're my trustee. Can't you do something?"

"I'm your trustee, not a magician," I replied. "I can't make money out of thin air."

"You could have checked and made sure the premiums were paid."

"My job didn't start until your Daddy died. . . . Besides, the policy lapsed over a year ago."

"Great. You've got an excuse for everything, don’t you?"

"What?!"

" I can see picking you was another one of Daddy's incredible screw-ups."

After Erica stormed out of my office I became panicky. I suddenly realized when we sent in the change of beneficiary and ownership forms to the insurance company they should have advised us the policy had lapsed. What had gone wrong? When I went to the file room and located the Fox estate planning file I quickly discovered the problem. Somehow the policy change form had been punched and filed rather than sent to the insurance company.

"Damn it!" I said as I slammed the file drawer closed. I went back to my office and collapsed in my chair. Then I started rationalizing. Even if the change form had been timely filed there is no guarantee the insurance company would have notified me of the lapse in time to do anything about it. Since Franklin and Erica had left almost immediately for Europe, it's not likely I could have done anything to avoid the catastrophe that Erica now faced. Although my analysis made sense, I didn't feel much better. I felt, at least, partially to blame for what happened to Erica and somehow I had to rectify the situation, but how could I ever possible do that?