The Lawyer Gave Me Thirty Days To Decide Who Gets Henry’s $412,000

Rachel Kim

My husband’s stepsisters cut my face out of their father’s birthday picture while he was dying in the next room, and at the reading of his will the eldest pointed at me across the lawyer’s desk and said, “You wiped his chin for $412,000, sweetheart, and everybody here knows it.” Then the lawyer picked up one more envelope.

For eleven months I was the one in the recliner next to Henry’s hospital bed.

Dakota drives freight out of Kankakee four nights a week.

Somebody had to be there at night, and his daughters lived two hours north and called on Sundays.

So it was me. Nine at night to six in the morning, then a shower, then my shift at the bank drive-through.

I learned how he liked his ice chips. Crushed, never cubes.

I learned to sleep sitting up with one hand on the bed rail, so I’d feel it when he reached for me.

He reached a lot.

The picture was from his eightieth birthday, the year before he got sick.

All of us around a sheet cake at the Elks hall, Henry in the middle in a paper crown, me on his left because he’d pulled me there by the elbow.

It lived in a gold frame on the hallway table, where he could see it from the bed if the door was open.

Three weeks before he died, Rosanne and Mariana came down for a weekend.

On Monday night I came in with my overnight bag and stopped in the hall.

There was an oval hole where my face used to be.

Neat edges.

Somebody had taken their time with it.

My body was still there in the blue sweater, holding a paper plate. Just no head.

“Tia? That you?” Henry said from the bedroom.

“It’s me,” I said.

“What happened to my picture?”

“I knocked it over,” I said. “I’ll get it fixed.”

He was quiet for a long time. Then he wanted ice chips.

I never told Dakota. I wasn’t going to be the woman who made his stepdad’s last month about her.

Henry went on a Wednesday at ten after four in the morning, with his fingers around my wrist.

The daughters got there at noon.

The reading was the next Friday, in Sanjay Cantrell’s office over the hardware store.

There was a bowl of butterscotch candies on his desk that nobody touched the whole time.

Rosanne sat down, crossed her legs and looked right at me.

“Before we start,” she said, “I want it on the record that this woman moved into my father’s house.”

“I slept in a chair,” I said.

“You slept in a chair next to his CHECKBOOK.”

Dakota put his hand flat on the desk. “Rosanne. Stop.”

“Why should she?” Mariana leaned in over the folder. “We took her out of that picture because she is NOT FAMILY. She’s a GOLD-DIGGER with a casserole dish.”

So it was Mariana with the scissors.

Mariana, who used to mail me birthday cards with a ten-dollar bill inside like I was twelve.

Mr. Cantrell cleared his throat and opened the folder.

The house would be sold and the money split between his two daughters.

The truck went to Dakota.

The savings, all $412,000 of it, were “to be divided according to my letter.”

My name wasn’t anywhere.

Rosanne had him read it again. He did.

Nothing.

And then her face just caved in.

She came around the desk with her mascara going and grabbed both my hands.

“Tiana, I am SO sorry. I was out of my mind. Grief makes you say terrible things, and you of all people know that.”

Her palms were hot and damp.

She’d been sure about me for eleven months. She’d been sorry for maybe forty seconds.

I took my hands back.

“Okay,” I said.

That was all she was getting, and it didn’t move one thing in that room. We both knew it.

Mariana was already scrolling her phone.

“There’s one more piece of this,” Mr. Cantrell said.

He took a small white envelope out of the folder. Henry’s handwriting was on the front, the shaky kind from the end.

“He asked me to open this after the will was read. With all of you here.”

He ran his thumb under the flap and tipped it over the desk.

Something small and glossy slid out and landed face up by the butterscotch.

An oval.

My face. Smiling at a cake, a year before any of this.

Mariana made a sound like somebody had stepped on her foot.

Mr. Cantrell unfolded the note that came with it and read it out loud, slow, like he’d practiced it in the car.

“The woman in this picture decides how EVERY DOLLAR gets split. Not my girls. HER. Make them ask nicely.”

Rosanne’s hand went up over her mouth.

Dakota looked at me like he’d never seen me before.

Nobody said anything.

Then Mr. Cantrell slid my face across the desk to me and set a pen down beside it.

Thirty days

Nobody touched the pen.

Mr. Cantrell pulled one sheet out from under the note and laid it next to my face.

“That’s a distribution form,” he said. “Henry signed the bottom of it in front of me. There’s a line for each daughter, and a line under that.”

“A line for who?” Rosanne said.

“For whoever Mrs. Delacruz writes on it.”

He turned to me.

“You have thirty days from today to fill it in and sign it. Until you do, that money doesn’t move. Not a dollar.”

So that was what the pen was for.

I didn’t pick it up. I picked up the oval.

It weighed nothing. A receipt weighs more.

The cut went right along my hairline, and there was a little curve of blue at the bottom, the collar of the sweater.

Whoever did it had gone slow around my ears.

“This is insane,” Mariana said. “He couldn’t hold a spoon by August. Who held the pen for him?”

“Henry did,” Mr. Cantrell said.

“You weren’t there at night. She was.”

“I was there on a Tuesday afternoon,” he said. “That’s when he wrote it.”

Mariana laughed, one short one, and picked up her purse.

Rosanne didn’t move. She was looking at the form, at the blank lines, like she was trying to read what wasn’t on them yet.

Dakota put his hand on the back of my chair. He didn’t say anything.

He hadn’t said anything since the note.

I put the oval in the pocket of my coat, the inside one with the zipper, where I keep my work badge.

Then I folded the form in half and put it in there too.

I left the pen.

Mr. Cantrell looked at it on the desk and then at me, and he didn’t push it.

“Thirty days,” he said again. “Call me with anything. Anything at all.”

Out on the stairs, Mariana stopped halfway down and turned around with one hand on the rail.

The hardware store was playing the radio. Some song about a truck.

“Enjoy your thirty days,” she said. “I’ll have my own lawyer by Monday.”

The first of the month

Henry married Dakota’s mom when Dakota was eleven.

He was a big man then, a tool-and-die guy with forearms like bowling pins, and he taught Dakota how to back a trailer before he taught him how to drive.

Rosanne and Mariana were already grown and gone. They came at Christmas. They called Henry “Dad” on the phone and “Henry” to each other.

When Dakota’s mom died, Henry kept the house, and Dakota kept calling him on Sunday nights from wherever the truck was.

That’s the family I married into. A stepdad, two stepsisters, a house on a street with no sidewalks.

Mariana was the friendly one.

She sent the birthday cards. She hugged at the door. She called me “hon” and asked about the bank like a bank drive-through was a fascinating place to work.

Rosanne was the one with the binder.

When Henry got sick, it was Rosanne who printed out his medication list in a table, laminated it, and mailed it to me with a sticky note that said Please follow this exactly.

I did follow it. I still have it.

By the third month I knew that house at night better than my own.

The furnace kicked on at 2:40. The fridge hummed in a key that made my teeth itch. The hall light had a pull chain that stuck.

Henry slept in pieces, and so did I.

He kept one flannel shirt on the hook behind the bedroom door. Red and black, soft as a dish towel.

He didn’t wear it anymore. He couldn’t get his arms in it.

But on the first of every month he’d say, “Tia, get me my shirt.”

I’d take it off the hook and lay it on the blanket. He’d go into the breast pocket and take out his checkbook and a pen, and he’d turn a little away from me, toward the wall.

I’d go make the ice chips.

When I came back, there’d be a small envelope on the tray, sealed, stamped, his handwriting on the front.

M. Kowalczyk. An address in Schaumburg.

“Drop that in the box on your way to work,” he’d say.

And the checkbook went back in the pocket and the shirt went back on the hook.

I thought it was a letter.

I honestly thought he wrote his daughter a letter every month, and that it was the sweetest thing about him, and I never once asked what was in it.

My own dad sent me a text at Christmas. I wasn’t going to pick at a man who still wrote letters.

I mailed eight of those envelopes.

On the first of September he didn’t ask for his shirt.

I waited until almost eleven, and then I said, “You want your shirt, Henry?”

“No,” he said.

That was it. He wanted the TV on.

The next week his phone rang at two in the morning. It was on the tray. I reached for it to hand it to him, and he already had it.

I could only hear his side.

“No, Mari,” he said. “I told you why.”

And then, after a long time, “Then come down and see me.”

He hung up and asked me to turn him toward the window.

I didn’t think much about it. At two in the morning you don’t think much about anything. You think about the bed rail.

Then in October, on a Tuesday, Henry made me call Mr. Cantrell.

I let him in at three in the afternoon, when I should have been asleep at my own house. He had a briefcase and a raincoat even though it wasn’t raining.

“Go sit in the kitchen, Tia,” Henry said.

So I sat in the kitchen and ate saltines out of the sleeve for forty minutes.

When Mr. Cantrell came out he shook my hand, which nobody does in a kitchen.

“He’s sharper than I am,” he said.

A week and a half after that, the girls came down for the weekend.

And on Monday night I stood in the hall with my overnight bag and looked at the hole in the picture.

Now I had that hole in my coat pocket.

And Mariana had a lawyer by Monday, just like she said.

Naveen Darwish

The letter came to our house on Tuesday, certified, so I had to sign for it at the post office on my lunch.

Law Office of Naveen Darwish. Joliet. Heavy paper.

I read it in my car in the bank parking lot with the engine running.

Mariana was contesting the letter.

It said that Henry Kowalczyk “lacked testamentary capacity” for at least the last six months of his life.

It said the letter was “procured through the undue influence of a caregiver with exclusive and unsupervised access to the decedent.”

That was me. I was the caregiver with exclusive and unsupervised access.

It said the money should be frozen and split between the daughters “as the decedent would have intended prior to his decline.”

I went back inside and counted out a woman’s quarters for her laundromat for fifteen minutes without hearing a word she said.

Dakota was home that night, which he usually isn’t on a Tuesday. He’d swapped a run.

He read the letter standing up at the counter.

Then he read it again, and set it down, and rubbed his face with both hands.

“Okay,” he said. “So just give it to them.”

“What?”

“Split it in two, write their names, sign it. Done. It’s not our money, Tia.”

“He gave it to me to decide.”

“He gave you a fight with my sisters. That’s what he gave you.”

He wasn’t yelling. Dakota doesn’t yell. He just gets very tired.

“They’re the only family I have left,” he said. “Rosanne and Mari. That’s it. That’s everybody.”

I wanted to say, what am I, then. I didn’t.

I thought he might be right, though. That’s the part I’m not proud of.

I was so tired. I’d used every vacation day I had on the nights Henry was bad, and then eleven more days without pay. We’d put the property tax on a credit card in June.

I didn’t want the money. I wanted to sleep in a bed.

So on Thursday I called Rosanne.

I figured Rosanne was the one who’d listen. She was the one who said sorry, even if it was forty seconds.

She picked up on the first ring.

“Tiana.”

“I’m going to split it even,” I said. “Half and half, you and Mariana. I’ll sign it this week. Tell her she doesn’t need a lawyer.”

There was a long quiet on her end.

“Why would you do that?”

“Because I don’t want it. I never did.”

“You handled everything else for him.”

“I handled his light bill. The water. His prescriptions. That’s it.”

“Okay,” she said. “I’ll tell her.”

I hung up feeling lighter than I had in a year. I even made pork chops.

Dakota kissed the top of my head at the stove.

On Monday Mr. Cantrell called me at work.

I had to put a customer on hold at the window to take it.

“Mrs. Delacruz, did you speak with Rosanne Kowalczyk last week?”

“I told her I’d split it even.”

He breathed out. “Mr. Darwish filed an amended petition this morning. I’m going to read you one line.”

I stood there with the drawer open and somebody’s deposit slip in my hand.

“Respondent has admitted to the decedent’s daughter that she ‘handled’ the decedent’s finances, including his utility payments and prescriptions.”

Rosanne’s boxes

The amended petition did a second thing, and it was worse.

Mr. Darwish wanted every one of Henry’s financial records. Bank statements, check registers, receipts. Anything with Henry’s handwriting on it after January.

He wanted it in fourteen days.

“They mean to show that his hand changed,” Mr. Cantrell said on the phone. “That he couldn’t write by spring. And that you could.”

“I can write,” I said. “I write all day. I write deposit slips.”

“That’s the point they want to make.”

He told me the house was being emptied for the sale. Rosanne was down there this weekend with boxes.

“If there’s anything of his in that house with his writing on it, Mrs. Delacruz, I’d like to see it before anybody else does.”

So on Saturday I drove over.

I hadn’t been inside since the Wednesday he died. I’d left my recliner there. The rental place had already come for the bed.

Rosanne’s car was in the drive. The front door was propped with a bag of salt.

She was in the kitchen in a sweatshirt, wrapping Henry’s coffee mugs in newspaper.

She looked up at me and then back down at the mug.

“I didn’t tell her to put it in the thing,” she said. “The phone call.”

“You told her what I said.”

“She’s my sister. She asked.”

I stood in the doorway. She kept wrapping. The same mug, around and around.

“Do you want something?” she said. “Take something. Take the toaster.”

“Mr. Cantrell wants his papers. Anything Henry wrote.”

“Well, Mari’s lawyer wants them too. So that’s popular.”

She put the mug in the box and sat down at the kitchen table. The one I’d eaten saltines at.

“Can I ask you something,” she said. “And you just tell me.”

“Okay.”

“Was he paying you?”

“Paying me?”

“Every month. A check. Mari says since spring.”

My face got hot from my neck up.

“Who told her that?”

“She saw it,” Rosanne said. “That weekend. She said she went through his checkbook and there were stubs, every single month, and that he was so out of it he didn’t know what he was signing.”

She was looking right at me, and her eyes were wet again, but this time she didn’t come around the table.

“That’s why she did the picture,” she said. “I said don’t. I said it’s mean. But she showed me how much and I thought, okay. Okay, maybe.”

“How much?”

“Fifteen hundred a month.”

I had never seen fifteen hundred dollars of Henry’s money in my life. I’d seen his light bill.

“I don’t even know where his checkbook is,” Rosanne said. “It’s not in the desk. I’ve been through that desk three times.”

She opened her hands at me, flat, like a dealer.

“So where does he keep it, Tiana?”

The hook behind the door

I didn’t answer her. I went down the hall.

The picture was gone from the hallway table. There was a square of clean wood where the frame had been, and dust all around it.

The bedroom door was half shut.

I pushed it open and the shirt was right there, on the hook. Red and black. Nobody had taken it down.

Nobody packs a shirt on a hook. You don’t even see it.

Rosanne came in behind me.

“That’s Dad’s work shirt,” she said. “He wore that at the shop.”

I lifted it off. It still smelled like him, like the lotion I used on his elbows.

The breast pocket was buttoned.

I undid the button, and there it was. A checkbook in a brown vinyl cover, and a Bic pen with the cap chewed flat.

I handed it to Rosanne. I didn’t want to be the one to open it.

She looked at me for a second and then she opened it.

The checks were in the front. The register was in the back, that little booklet with the lines.

She turned to the first page of the register and held it so we could both see.

It was Henry’s handwriting. Not the shaky kind. The old kind, square and pushed hard into the paper, from before.

Mari. 1,500. Car.

Then the next line. Same thing.

Mari. 1,500. Car.

Rosanne turned the page. Then the next one.

Every line was the same. Some of them said Car and some said Rent and a few just said M.

The dates went back six years.

Rosanne turned pages faster and faster, and then she stopped and counted with her finger, moving her lips.

“Seventy-one,” she said.

She said it to the checkbook, not to me.

The handwriting got worse as it went. You could watch it happen. By this spring the lines leaned downhill, and the ones looked like sevens.

But it was his. Every one of them was his. The Bic pressing through to the next page.

March. April. May. All the way through August.

Mari. 1,500.

Then September.

There was no amount on the September line. Just two words, and then two more under them, crowded in at the edge.

No. Told her why.

Rosanne sat down on the edge of my recliner.

“She told me she paid that car off,” she said. “She told me that at Thanksgiving. Three years ago. She said, I’m free and clear, Ro.”

I didn’t say anything. I was holding the shirt.

“There’s nothing in here to you,” she said. “There’s nothing in here to anybody but her.”

She flipped back to the front, then all the way to September again, like it might say something different the second time.

“She went through this,” she said. “That weekend. She read this and then she told me it was you.”

The furnace came on. I’d forgotten it did that in the daytime too.

“And then she took the scissors to you,” Rosanne said.

She looked up at me, and her mascara was fine this time. She wasn’t crying at all.

“Bring this Friday,” she said. “Bring the shirt, too. I’ll drive myself down.”

The last Friday

The thirtieth day fell on a Sunday, so Mr. Cantrell set it for the Friday before.

Same office. Same butterscotch.

Mariana came in with Naveen Darwish, a short man in a gray suit who carried his own coffee and shook everybody’s hand, mine too.

Rosanne came in alone, ten minutes after, and sat on the other side of the desk from her sister.

Mariana noticed. She looked at the empty chair beside her and then at Rosanne and then at me.

Dakota sat next to me. He’d taken the day off a run, which cost us four hundred dollars.

I had the shirt folded on my lap, with the checkbook in the pocket and the button done up.

Mr. Darwish opened. He was polite about it. He said his client had real concerns about her father’s state of mind in his last year, and that nobody was accusing anybody of anything, and that the court would look at the records.

“Speaking of which,” he said, “we haven’t received any.”

“You’ll have them today,” Mr. Cantrell said.

He looked at me.

I unbuttoned the pocket and put the checkbook on the desk next to the butterscotch.

Mariana saw the brown cover and her whole face went still. Not scared. Still, like when you’re trying to remember if you locked the car.

“What is that,” she said.

“It was in Dad’s shirt,” Rosanne said.

Mr. Darwish picked it up, opened it to the register, and started reading.

Mariana talked while he read.

“That’s Dad’s personal checkbook. That’s private. She went into his things. She was in his things for eleven months, that’s what I’ve been saying this whole time. You can’t let her bring in something she had access to and pretend it’s”

“It’s his handwriting,” Rosanne said.

“It’s his handwriting from when he was confused. Look at it. Look at the end. He couldn’t write a straight line.”

Mr. Darwish turned a page.

“Who is Mari?” he said.

Nobody answered him.

He turned another page, and then he flipped to the back and ran his finger down the last lines, March to August, and looked at the dates for a long time.

“Mariana,” he said. “Did you deposit checks from your father this year?”

“That’s different.”

“This spring? In May, June?”

“That was a gift. He wanted to. That’s a completely different thing from what she’s doing.”

“You’ve sworn to me that from March on he couldn’t hold a pen.”

“He couldn’t hold a spoon. I said a spoon.”

“Mariana. Did you cash a check from him in August?”

She sat back. She looked at the ceiling. She crossed her arms and uncrossed them.

“He owed me,” she said. “Okay? You want to know? He owed me. He spent twenty years paying for HER family. Dakota’s braces. Dakota’s mother’s funeral. Dakota’s truck. And I’m supposed to say thank you for a birthday card at the Elks hall?”

Dakota’s hand went flat on the desk again.

He didn’t stand up. He just put it there.

“Then he stops,” Mariana said. “Just stops. Calls me at two in the morning and says if I want money I can drive down and sit a night with him like SHE does. Like I’m the help. Like I’m her.”

“You could have,” Rosanne said.

“I have a JOB, Ro.”

“She has a job.”

“She has a drive-through window.”

“You told me Dad was paying HER,” Rosanne said. “You sat in his kitchen and showed me with your phone light. You said look how much.”

“I said it was a lot of money going somewhere.”

“You said it was her.”

Mariana stood up. Mr. Darwish put his hand on her arm, not hard.

“I need a minute with my client,” he said.

They went out to the stairs. The door didn’t close all the way. We could hear her voice but not the words, and then his, low, for a long time.

Mr. Cantrell unwrapped a butterscotch. The first one anybody had touched. Then he looked at it like he didn’t know how it got in his hand and put it back in the bowl, unwrapped.

When they came back in, Mariana didn’t sit down.

“We’re withdrawing the petition,” Mr. Darwish said. “Both of them. I’ll file it Monday.”

He set the checkbook back on the desk, square to the edge.

Mr. Cantrell slid the form across to me. Then the pen.

Same pen. I’m sure it was the same pen.

I took the oval out of my coat and put it on the form, face up, the way it had landed the first time.

Then I looked at Mariana.

I didn’t say anything. I didn’t have to. Everybody in that room had heard the note.

Mariana looked at the oval. She looked at Rosanne, who was looking at the window.

“You want me to beg,” she said.

“He wanted you to ask,” I said.

It took her a long time. So long the hardware store radio went from one song to the next.

“Please,” she said.

It came out like a cough. But she said it.

I picked up the pen.

I’d done the math the night before at my kitchen table, on the back of an electric bill, three times.

Seventy-one checks was $106,500. Add that back to the $412,000 and you get what Henry gave his girls altogether. Half of that is $259,250.

On Rosanne’s line I wrote $259,250.

On Mariana’s line I wrote $152,750. What was left of her half, after what she’d already been mailed.

That came to $412,000. Every dollar.

“There’s a third line,” Mr. Cantrell said. “Under the girls. He meant for you to use it if you wanted.”

Dakota looked at me. He didn’t say anything. He just looked at the line, and then at the credit card bill folded in my coat pocket, sticking out.

I drew a line through the third line, end to end.

Then I signed at the bottom, under Henry.

Mariana took one look at her number and walked out without her coffee.

Rosanne stayed in her chair with both hands over her mouth, the same as the first Friday.

“Tiana,” she said through her fingers.

“It’s okay,” I said. “I mean it this time.”

The hallway table

In April Dakota brought the picture home from the house in Rosanne’s box of things for us, frame and all.

I took it out of the gold frame on our kitchen table.

I set the oval back in the hole. It fit exactly, which I don’t know why surprised me. Somebody had taken their time with it.

I taped it from the back with the clear tape we use for Christmas presents.

From the front you can still see the line. A thin white ring all the way around my head, like a halo somebody drew wrong.

Dakota stood behind me with his coffee.

“You could get a new print made,” he said. “Rosanne’s got one. She’d send it.”

“I know.”

“She’d drive it down. She’s down every other Sunday anyway.”

She is. She calls on Saturdays to ask if we need anything from Costco, and then she shows up Sunday with a flat of water we didn’t ask for.

Mariana doesn’t call. Dakota sent her a text on her birthday. It says Delivered and that’s all it says.

I paid off the credit card in March, a little at a time, out of my own checks. I’m back on days. I sleep in a bed.

I put the picture back in the frame and carried it down our hall.

We have a little table by the bedroom, the one Dakota’s mom used to keep her keys on.

I set it there, facing the bed, and stepped back.

The tape made my face sit a hair crooked, tipped toward Henry in his paper crown.

“It’s crooked,” Dakota said.

“I know,” I said, and left the bedroom door open.

If you’ve ever been the one in the chair at night while everybody else called on Sundays, send this to the person who’d understand.

For more family inheritance drama, see the lake house money that came with a second signature and the account left behind after one sibling got a down payment. There’s also the father-in-law who put $800 on the glass case for a child’s drawing.