Chapter 5

Wednesday December 10, 2014 continued:

Kate swallowed nervously as Sandy Thompson parked in front an older-looking dark gray stone building. It was two stories with large tall windows that flanked an archway above stone steps. At the top of the steps were two large wood doors and chiseled into the stone at the top of the archway were the numbers ‘1889.’ Arching gold and red letters painted on one of the tall windows to the left of the entry said, ‘Joseph P. Foss, Attorney at Law.’

Her brain functions were going full speed from the jolt of adrenaline she’d received when Sandy insisted she ride with her and she realized there was no way to avoid meeting Jacob’s attorney short of throwing herself from Sandy’s car. She had thought of and discarded a number of plans to escape but unfortunately, nothing was feasible much less plausible without revealing herself a fraud or a maniac. Finally she had discarded those thoughts and concentrated on how to use her new-found knowledge of Jacob and Jessica to bluff her way through the meeting with Joe Foss.

Thankfully Sandy had kept up her one-sided conversation, including emphasizing the virtues of living in California’s north-central valley, which she pointed out was about a three-hour drive (on a low traffic day) from San Francisco. Sandy’s monologue required no answers so it enabled Kate to come up with what she considered a believable story about where she’d been the last few weeks. She was certain Mr. Foss would ask, and some vague story about being out of the country would probably not suffice.

Kate asked herself, could she do it? Could she give herself enough breathing room to get through this meeting and then get back to the apartment, gather her possessions and get a ride at the truck stop where she was dropped off just a few days ago? Or would she spend tonight in custody answering questions about who she was, while a fingerprint search alerted her uncle and his goons? Sandy, oblivious to Kate’s state of mind, was in full ‘Chamber of Commerce’ sales mode by the time she parked her SUV. Faced with the reality of being at Mr. Foss’s office, Kate bemoaned giving in to the impulse that led her to stop at the cemetery.

Soon Sandy ushered her through the heavy double doors and then through an archway on the left which led into a large high-ceilinged office which looked out over the street. A very attractive dark-haired woman, perhaps not much older than Kate, sat at a large blond-wood desk. As the smiling woman got up and came around the desk, Kate noticed a carved wooden name plate on the desk which said, ‘Keri Anderson.’

Keri Anderson was model thin and probably close to six feet tall in hi-heel boots, and she was wearing an expensive looking red sweater over a black full skirt.

“Keri, here she is, home at last ... Jessica Brandt!” Sandy gushed.

Keri reached out and grasped Kate’s hand, and said, “I’m so pleased to finally meet you Jessica. I’m Keri Anderson, Mr. Foss’s paralegal ... and all around gopher ... actually the most important member of his staff ... well actually the only member of his staff, but that does make me indispensable!” She had a pleasant laugh, and her dark eyes were filled with humor.

“A word to the wise, Jessica, if you’re not the boss always be indispensable ... that’s the secret to job security and pay raises!”

Up close Kate figured her for mid to late twenties and wondered what she was paid because her shoulder-length hair was perfectly cut, the sweater was heavy cashmere that had never been anywhere near a Chinese factory, and the boots, if not custom made were most certainly from a very high-end retailer. Her watch and jewelry reflected the same standards.

Kate saw she was getting the same once-over from Keri. She was glad she was wearing Jessica’s clothing and had some time to repair her makeup during the car ride. Apparently the ‘collegiate looking for a job’ look was working and it appeared she met with Keri’s approval, except for her hair of course. Suddenly Kate felt foolish. How could she be concerned with vain trivialities when perhaps in just a few minutes, she’d be exposed as a fraud? She kept her smile as her insides churned.

Keri glanced at the tall antique-looking pendulum clock standing in the corner of her office and said, “Mr. Foss is ready to see you and he’s blocked out the whole morning. Ready to beard the lion in his den, Jessica?”

Her throat suddenly tight, she could only nod.

Keri turned to Sandy, who had been quiet for a change and who looked like she expected to be invited along and said, “Thanks so much Sandy, I expect we’ll be at this for a few hours and then we’ll probably take Jessica to lunch, so I’ll just catch you on your cell sometime this afternoon. Will that work for you?”

Looking disappointed, she said, “I think that’ll be fine.”

“If not, I expect Mr. Foss will let me off leash for a few minutes to run Jessica over to Lodi Memorial to pick up her truck.”

“No ... no, trouble at all Keri.” Sandy’s smile returned. She had probably just realized that if she was trapped in Mr. Foss’s office for the next couple of hours, someone else might beat her to spreading the news.

Well Sandy, if I end up in the county or city jail, just think of the stories you can tell about the imposter using Jessica’s name!

They watched Sandy leave, and then as they approached the wide central staircase, Keri turned to Kate and put her hand on her arm, her dark eyes filled with sorrow. “Jessica, I’m so sorry about Jacob. All this must be a terrible shock to you. Jacob was such a strong man ... I never knew him to even be sick ... and then all of a sudden...” Her voice trailed off as tears filled her eyes.

Kate offered her a tissue and Keri dabbed her eyes. She paused while she composed herself and went on, “Often when people talk about a ‘pillar of the community, ‘ they really don’t mean it. Jacob was. I was honored to know him. He helped this community in so many ways, and in ways most people don’t even know about. He was generous and kind and loving and really was admired by all.”

“Thanks Keri for telling me,” Kate said as tears came to her eyes too. “Since I really wasn’t part of his life here...” she made a circular gesture with her hand indicating the community. “It just confirms everything I know about him. He was a wonderful man.”

The personal loss Kate felt was real, no doubt stemming from the strong attachment to Jacob’s memory that had happened over the last few days. After Jessica’s diaries and the visit to the cemetery this morning it no longer seemed odd to mourn a man she’d never met. Jessica loved him and he loved her and the tragedy of intertwined lives ending much too soon made her own problems pale to insignificance.

Keri looked at her and said, “I don’t know what your plans are now, but I do hope you’ll stick around and keep everything going. The Brandt name will open a lot of doors in this town and you can keep up all the good things Jacob started...” Keri sniffed and a tear escaped. “And never finished.”

Kate handed Keri another tissue to replace the one wet with tears and crumpled in her hand. She felt terrible. When they discover I’m a fraud, the whole thing will come crashing down, she thought. And worse, people will be distracted from Jacob and all he did. Yes, people would remember Jacob, but if Kate was arrested - would they more likely remember the fraud perpetrated by a young woman, a stranger to the community, than Jacob’s legacy?

Keri looked at her and seeing the concern and sorrow, patted Kate’s arm and started up the wide stairs.

As Kate followed her she wondered about Keri’s relationship with Jacob. Certainly such strong emotions were the result of something more than the professional relationship of being Joe Foss’s paralegal. She wondered if she’d ever find out. If she made it back to the farm without being discovered, or more likely giving herself away, then she knew she’d have to leave this place – that saddened her.

At the top of the stairs there was an office directly above Keri’s. And like Keri’s the walls were exposed red brick and it had two large windows which looked over the street. It seemed about the same size with a similar high tin-plated ceiling, but the difference was the large number of floor to ceiling bookcases, and a pot-bellied cast iron heating stove which took up a corner near the back where there was a small brown leather sofa and matching arm chair. The dark-haired man behind the oak desk looked up from the file he was studying and got to his feet as he watched them come in. He was ruggedly handsome, like some model from the pages of a hunting or fishing magazine, maybe in his mid-thirties. As he came around his desk she noticed he wore a light blue button down oxford cloth shirt with a slightly loosened dark red tie which had some sort of Christmas motif. She also noticed he was tall and trim, probably a distance runner she thought.

As he gently took her hand he said, “Jessica, I’m Joe Foss and I’m so sorry about Jacob. I was honored to be his friend and attorney. The whole community mourned ... and is still mourning his loss. As the days and months go by without Jacob around as a leader and mentor and philanthropist people will be even more aware of the giant hole in this community caused by his death.”

“Thank you Mr. Foss.” She replied, missing the warmth of his hand as he took it away and then he motioned her to the sofa near the stove. “Please call me Joe, your grandfather did...” He grinned and continued, “And a few other choice names when we didn’t win all the battles he fought! He called it ‘slaying dragons, ‘ I called it billable hours!”

Kate liked Joe Foss. It was obvious Keri did too. She stood just a little too close and watched him with affection? Love? Her eyes never left his face as he spoke to Kate. She didn’t see a ring but there was certainly more going on here than boss and employee. She was happy for them, but it saddened her that she’d never had such a relationship. Even if she was in a situation to love someone, and be loved in return could she do it? The loss of her parents, the horrible situation with her uncle and being on the run for over three years, had made her naturally cautious and unwilling to share information - hardly a good way to start and keep a relationship. During her travels she had carefully avoided all attempts to befriend her. It was a lonely existence.

They got seated, Joe in the arm chair and Kate on the sofa. She could feel the warmth from the stove. She would have loved to sit back, slip off her shoes, put her legs on the coffee table in front of her and warm her cold feet. She had gotten chilled in the mausoleum and coupled with a bad case of the nerves kept her from feeling warm.

Joe looked up at Keri. “Keri, before we get started will you bring some coffee for me...” and then looking at Kate said, “And something for you Jessica?” Kate wanted to refuse but perhaps something warm would help. “Keri, if it’s not too much bother I’d like some tea.”

She smiled and said, “Coffee and tea coming up ... even if it’s not in my lofty paralegal job description.” she teased as she headed for the arched doorway.

In a dead-on imitation of Clark Gable doing Rhett Butler, Joe said, “Frankly my dear, I don’t give a damn!”

They could hear Keri’s giggle as she went down the stairs.

“Jessica...” he began.

She wanted to scream, ‘Stop calling me ‘Jessica.’ My name’s Kate Brice and I have an uncle who’s the personification of evil and at this point if he finds me he’ll have me killed!’ But she knew that wasn’t the way to solve her problems. She’d just have to brave her way through this morning until she could get back to the truck and then back to the house. Maybe she could claim she wasn’t feeling well and develop a case of the flu for a week or so and perhaps she’d not be bothered. Kate quickly discarded that idea, especially with busybody Sandy around. If she heard Jessica was sick she’d be there, probably with a platoon of friends each day forcing chicken soup down her!

He went on. “I’m sorry you weren’t at the funeral. Sandy said you were somewhere remote, maybe out of the country?”

She had realized on the ride from the cemetery that if she went with the story that she was out of the country she’d have to come up with some remote spot, but where? And then she might be asked about it, especially by someone who’d been there. Plus, she’d never been out of the country so that was out. ‘Keep it simple, lies are hard to remember, ‘ sage advice from her friend and fellow waitress Rosie. Not for the first time Kate wondered what Rosie was doing and if anything had happened to her because of Kate’s escape from her uncle.

Joe Foss watched her and Kate knew she had to get back on track. In the car she’d thought about places in the US and decided her story was that she’d been hiking and camping in some remote area. She’d figured that would do, but she had to think about somewhere, possibly close by, where she could do those activities in the winter. The Pacific Crest trail came to mind. She’d read a magazine article sometime not that long ago and had fantasized about spending a summer with friends hiking those trails, like the smiling happy well-dressed subjects in the article. Most stretches, she recalled were pretty remote, and since the trail started in southern California you could hike in the fall and winter.

“I was hiking the Pacific Crest trail. I started near San Diego...”

She’d let him fill in the blanks.

“Then how’d you find out?”

Kate was ahead of him on that one. She knew about damaged and lost cell phones. “My cell phone died right after I started, but it didn’t really seem to matter, actually it added to the feeling of remoteness, so I didn’t really care. A few days ago I thought I’d better check in with Jacob, so I borrowed a cell phone from a girl I met on the trail and once we got cell service I tried to call, but there was no answer on his cell or at home. I tried several times, so I got worried. I didn’t know who else I should call then I thought to call the Johnsons in Charlottesville, thinking he might have left a message. They told me that lots of people were trying to get hold of me and that something had happened to Jacob.”

This lie was beginning to sound good to her at this point. She continued the story, but the last part wasn’t all that far from the truth.

“So I got a ride out of the mountains from a park ranger. He dropped me at a truck stop on I-Five and I hitchhiked as far as Lodi – the trucker was nice enough to stop at the truck stop on I-5 not far from the farm.”

Foss shook his head, certainly thinking about the folly of such an act for a young woman, or perhaps for any woman traveling alone.

At that point Keri reappeared with the coffee and tea on a wooden tray. She set a coaster and large white enamel mug in front of Joe on the coffee table along with a small pitcher of cream. She then placed a large steaming clay teapot on a trivet close to Kate along with a glass honey pot, and an enamel mug, and then set another mug on the table, apparently for herself. Kate watched Joe’s eyes follow Keri as she went to Joe’s desk and picked up a stack of files. She then came around behind Joe and set the files on the low table in front of him. Kate noticed Keri put a hand on Joe’s shoulder as she leaned over to put the files on the table.

Kate looked down at the files. There were several and they all appeared to be thick with paper.

Keri then went back to the desk, picked up a laptop and came back and sat on the sofa next to Kate. She set the laptop on the low table and as it booted she poured tea for the two of them. It was aromatic, perhaps Darjeeling. Kate added honey and a bit of cream and wrapped her fingers around the mug, letting the warmth seep into her cold hands.

Shaking his head again, he asked, “Didn’t you have any money for a plane ticket?

“Well I had a credit card, but at the time it just seemed easier and quicker to hitch a ride than try to get to San Diego or LA and find the airport. The guy I rode with was going right past Lodi and it really was only a few hours...”

That got Keri’s attention and she asked, “You hitched a ride to get here? You’re braver than I am!”

Joe poured some of the cream into his coffee, took a sip and changed the subject.

“Jessica, the day he died Jacob had an appointment to see me. He’d called a few days before and said there were some changes to his will and to the trust set up for you. Any idea what he wanted to discuss with me?”

Kate just shook her head, even though she was pretty sure she knew the answer. She wondered how Jacob would have changed things since his only heir and probably dearest friend had died.

“Well never mind, guess we’ll never know although it may have been Jacob had discovered another way to stop the IRS from getting its hands on any part of his estate.” He smiled

“Jessica, since you’re the primary beneficiary of Jacob’s estate he worked with me constantly to keep ahead of the IRS. So over the years we put together a number of plans that would help lessen the estate tax hit. This is kind of complicated but I know you’ve got a degree in business so I’m hoping it won’t be completely foreign to you. First of all, right now California doesn’t collect estate tax – thank goodness. It is really just taking a portion of what is owed to the Feds, but it adds a level of complexity we don’t need. And right now the exclusion for Uncle Sam is a bit over five million. Do you understand that?”

Kate shook her head. “No, not really.” she said as she sipped the hot tea, taking comfort from its warmth.

The taste and smell felt familiar and reassuring, but then the memories crowded in and her mind wandered. She had learned about fresh brewed tea from her mother who drank it every day, and they’d often shared a pot on weekend mornings when they were alone in the house, especially on those icy Chicago winter days. When was the last time she’d even had freshly brewed tea? Certainly before her parents were killed and certainly not while she was on the run the last three years. During that time she mostly drank coffee since it was cheap and plentiful at the restaurants and cafes where she worked, but in many cases it was dreadful. Restaurant tea, at least in the places where she worked was something from teabags which mostly left a lot to be desired, and there had been no tea at her uncle’s house. They were all coffee drinkers, and many times she’d seen her uncle lace the coffee with something alcoholic.

Damn! Why was my family wiped out? Why me? Was there some karmic retribution come home to roost, because of something she’d done in a past life, or this life? She covered this ground before and could think of nothing leading up to her parents’ death that required such retribution. She had constantly pushed these types of thoughts away. Self-pity didn’t do any good. She’d wallowed in it in the past and refused to be swallowed up again. Face it, life’s a bitch then you die!

Joe watched the sorrow fill her face. He reached across the low table and touched her hand. “Jessica are you alright?”

Kate quickly returned to the present, but her face still betrayed strong emotions.

“I’m sorry Jessica, I’d like to give you some time and put this off, but decisions need to be made and there are people relying on you, so the sooner we can get through this the better. Do you understand?”

Kate nodded, People relying on me? Damn!

“I’m sorry Mr. Foss ... Joe, on top of everything I’ve had the flu, so I’m feeling a bit washed out.”

Keri reached over and gently squeezed her hand, and said, “We’ll try to make this as painless as possible.” She looked at Joe, and some kind of communication passed between them. Keri seemed to be letting him know to keep it simple and short.

“Okay Jessica I’ll dispense with the tax 101 class and just say, that Uncle Sam lets you keep the first five point three mil and taxes the rest at forty percent. If you’re married you get to transfer it all to the surviving spouse but then upon his or her death the tax is due on that estate. Obviously that’s not the case here. Unfortunately for anyone with an estate that exclusion is an arbitrary number that can be changed each year. Congress in its wisdom could change the exclusion to any number it wishes although for the next couple of years the amount will go up.”

He paused sipping his coffee.

“So now I’m getting your grandfather’s estate appraised, although over the years since you turned eighteen he’s been moving property over to you – getting it out of his estate, using his five million dollar gift tax exemption. You may remember about the time you turned eighteen you got a bunch of papers to sign and get notarized...”

Kate nodded.

“Well those were incorporation documents for the farm and a number of assets. Your grandfather was the corporate president, you are vice president, soon to be president and I’m on as legal advisor, Keri is secretary and your grandfather’s good friend Janet Ferguson is on the board of directors.”

When he said, ‘Janet Ferguson, ‘ Kate remembered the photo from the funeral and the emails. ‘Good friend’ was hardly descriptive enough. She wondered when they would meet.

“And Alicia Estrada, Jacob’s CPA is treasurer. Over the years he’s transferred shares to you. The corporation also owns a two million dollar insurance policy on your grandfather for the express purpose of helping to keep the corporation solvent during times like this, or to buttress it in times of loss of one of the corporate officers. There’s also a one point five million dollar policy owned by you on his life.”

Kate sipped her tea to hide her amazement.

“From the day you turned eighteen you became the owner of a term life policy and the premiums were gifted to you so you could pay the premiums, always keeping in mind the maximum allowed gift each year and the total gift tax amount. Also when you signed the incorporation documents you were given forty-nine percent of the shares of the corporation, which were worth considerably less at the time.”

He paused and then said, “So from all this planning it appears that his gross estate will be somewhat less than the five point three million mark, but we’ll wait to see what the appraisers come up with.”

Kate’s head was practically spinning. Jessica would have been wealthy although Kate expected she’d rather be working side by side in the vineyard than be attending her grandfather’s funeral and having to take charge.

Keri put a document in front of Kate. “This is the claim for the life insurance. It only requires your signature; we already have a notarized copy of Jacob’s death certificate to include.”

Kate looked at it numbly; the cash number seemed to have a lot of zeroes.

Joe added, “Jessica, the only thing I ask is you set aside the bulk of this money just in case I’ve underestimated the estate tax. I’ve learned where the tax laws are concerned being conservative is a good thing. So the policy you own, while not a part of the taxable estate and is yours outright ... it might be necessary to use some of that money to prevent the estate from having to sell assets to pay the estate tax if needed.”

Kate wanted to laugh hysterically. This was all too absurd. And then it occurred to her she had little idea what Jessica’s signature looked like. The driver’s license! She noticed the form would require a notary so there was a reason to pull out the license. Kate opened her purse and got Jessica’s Virginia license and quickly glanced at the signature, then placed the license in front of Keri. The signature was in neat script and you could clearly make out ‘Jessica Brandt.’

“Jessica, don’t worry about the notary part, after we’re all done here you and I’ll go downstairs where I have my seal and book and notarize all of them at once.” Without giving the license a glance she handed it back to Kate, who quietly sighed with relief.

There were several other documents that had to be explained and then signed, which included corporate documents, a request for the DMV to change the title of the black truck into her name, new bank accounts which caused Kate to go wide-eyed looking at the amounts, and an assumption of the duties as executor of the estate, duties Joe Foss relinquished with relief and a smile.

As the files in front of Joe decreased they became a tidy pile in front of Keri. At the same time she was keeping notes on the laptop. Finally Joe asked, “That all Keri?”

She reached across and pulled out a slim folder from somewhere in the stack in front of Joe, and took out a letter. “Jessica, we got a bill for storage of a car in a garage in Charlottesville.” She looked at the letter and went on, “Do you know anything about a BMW?”

Kate was stunned. Jacob must have kept the BMW he gave Jessica for her birthday last year. Why? She knew why – he just couldn’t bear to part with a car that Jessica loved and it was part of a life they shared, representing happy memories of a summer in Italy.

Remembering Jessica’s excitement as she described her birthday present in her diary caused the tears to come again. “Jacob gave me that car ... last year ... for my birthday.” Kate wondered what would have happened if she had not found Jessica’s computer and read her diary. Keri put her arm around Kate’s shoulders and gave her a squeeze, and then said with glistening eyes, “Well I guess we better arrange to have it shipped out here.” Keri let go of Kate and made a note in the computer.

Kate ached for Jacob and Jessica. They were on the brink of such happiness and then it was all snatched away. What must it have been like for Jacob to watch his beloved granddaughter lose her battle with cancer?

“Joe?” she said quietly, “Just out of curiosity, what would have happened to Jacob’s estate if I hadn’t shown up?”

He smiled at her, “You mean like Jessica eaten by a mountain lion on the trail somewhere while hiking?”

Kate nodded.

Keri made a face and quipped, “More likely murdered and thrown in a ditch while hitchhiking on the freeway!”

“In that case Jessica, since you are the only heir, the state of California would have gotten a nice windfall, but I’m sure they would have spent every dollar wisely!”

Keri laughed and then got up and said, “Come on Jessica, time to drop by the loo and make ourselves presentable – Joe’s taking us to lunch.”

She smiled at Joe and said, “Reservations at the Rosewood at twelve-thirty, so get a move on. Otherwise we’ll leave without you and you’ll have to pry us away from a bunch of studs at the bar dying to buy us lunch!”

“He chuckled. “Okay, okay. I’ll meet you downstairs in ten!”

As they went down the stairs Kate decided she really liked Keri.

It was more like thirty minutes before they finally got out the door. Keri asked Kate for the driver’s license to log the information into her notary book. Kate held her breath, but Keri barely looked at the photo. She did notice that Keri used the address at the farm as Kate’s address and not the Virginia address on the license.

The Rosewood Grill was a very nice restaurant and it was obvious that Joe and Keri were well known there. When Kate was introduced to the owner he expressed his condolences about Jacob and told her Jacob had been a loyal customer for years and he hoped she’d be the same.

Throughout the meal they hardly had a moment to themselves for all the people dropping by the table, mostly to say hello to Joe and Keri, but when they found out she was ‘Jessica Brandt’ their demeanor changed and again and again she heard stories of how Jacob changed the community for the better. Many asked about her plans and echoed Keri’s wish that she would stay in the community and continue Jacob’s work.

In the midst of all the lunch activity she became convinced that Keri was desperately in love with Joe Foss. This fact was not lost on most of the people who stopped by the table. They seemed amused by it, especially since Joe appeared to be clueless. Or perhaps his feelings were much more guarded. Kate discovered he had twin daughters when people would ask about them. When Joe got dragged off for a ‘quick’ word Keri mentioned he was a widower. His wife had been killed three years ago flying helicopters in Afghanistan. She’d been a very popular teacher and her Army reserve unit had been called up.

Keri went on, “I used to babysit for the girls when I was in high school. They’re ten now and wonderful. His wife El was loved by everyone.” She paused, “I was in my last year of college when she was killed ... it was pretty hard on Joe.” Her voice was husky with emotion as she spoke.

“Do you still see the girls?” asked Kate.

Keri smiled, “Oh yes, sometimes I think I spend more time with them than Joe!”

“Oh?”

“Most days I pick them up after school and then we go to the office and they sit in the library which is the room across the hall from me and they have a snack and do their homework. About dinner time I use them as reinforcements to help pry Joe out of the office!” She turned serious. “I often wonder what he’d have done without those girls after El was killed. He probably would have just worked himself to death.”