Print

Email story

Comment

Email editor

Family to contest revised will

The will filed after the death of St. Petersburg millionaire is the latest twist in a two-year battle.

By JAMIE THOMPSON
Published December 12, 2005

	[Times file photo: 2003]
	Harry Lieffers Jr. leaves the St. Petersburg courthouse with his friend and real estate agent, Gerard Growney, who is accused of taking advantage of Lieffers' illness.

ST. PETERSBURG - The millionaire walked into the St. Petersburg law office.

Harry Lieffers Jr., 76, looked over a five-page document and, with a few strokes of a pen, cut his two daughters and stepson out of his will.

On that October day in 2003, Lieffers decided that his roughly $1.5-million estate would be divided equally among two people: His 43-year-old real estate agent and the agent's 22-year-old girlfriend.

"I wish to reward them for the kindness they have shown me," the will said.

The attorney who drafted the will was the girlfriend's uncle.

The document, filed after Lieffers' death last month, is the latest point of contention in a two-year battle over Lieffers' health and estate.

Lieffers' children say he was vulnerable because of dementia and Alzheimer's disease. They say his real estate agent, Gerard Growney, and the attorney, Alan Watson, took advantage of Lieffers.

The family has filed a complaint against Watson with the Florida Bar and plan to contest the will.

Watson says Lieffers was lucid and mentally capable when he ordered a new will. Lieffers, he says, felt abandoned by his children and wanted to reward the man who stood by his side - Growney.

Now, four weeks after Lieffers' death, the debate over what he wanted continues.

* * *

The problems began shortly after Lieffers' wife of 32 years died in May 2003. Lieffers was lost without her and showed signs of Alzheimer's, relatives said.

"You might as well have put a shirt on him that said, "Rob me,"' said Lieffers' son-in-law, Ken Reibel.

Lieffers' family say his two-story house on Brightwaters Boulevard was filled with painful reminders of his wife, Betty. He also was struggling to take care of himself. So he decided to sell his home and move to Grand Rapids, Mich., where he had once been a prominent insurance lawyer.

His daughters also were nearby, one in Michigan, the other Wisconsin.

Lieffers hired Growney to sell the house, worth $880,000. The two men had known each other for 13 years, and dined and drank together at the St. Petersburg Yacht Club.

At first, Lieffers' children trusted Growney. They left the house in his hands, while Lieffers moved to Michigan, eventually into an assisted living facility.

While they were not estranged from their father, the daughters, who were from a previous marriage, said they had not seen him frequently in recent years. With their father living closer, they hoped to rekindle their relationship, said Jennifer Reibel.

But soon after arriving at the retirement home, Lieffers complained he was lonely. He wanted to move back to St. Petersburg. The daughters say they agreed to look for an assisted living facility in Florida.

Lieffers, however, didn't want to wait. He called Growney.

The real estate agent, who declined to comment for this story, has said that Lieffers begged for his help in returning to St. Petersburg.

In October 2003, Lieffers left his pajamas folded on his bed, walked down the hallway of his retirement home and out the door. Outside, Growney was waiting. The two boarded a plane to St. Petersburg.

Before long, they were sitting in the office of attorney Alan Watson.

* * *

Lieffers was upset with his daughters, he told Watson.

He said they hadn't visited enough. He suspected them of misspending his money. He wanted to revoke his older daughter's power of attorney, which gave her control over his affairs, Watson said.

The attorney had never met Lieffers until that day, but he had recently represented Growney in a car accident case.

Meanwhile, Lieffers' daughters, and the retirement home, had no idea where Lieffers was . The retirement home called the police, who discovered that Growney had helped Lieffers leave.

"We thought we were hiring a Keller Williams Realtor to help us sell dad's house," said son-in-law Reibel, who flew down to search for Lieffers. "This is not what we expected."

Watson said he called police and told them Lieffers was in his office. Detectives investigated, and found no evidence of wrongdoing.

The family was shocked. They told Watson they think Alzheimer's had made their father paranoid. They faxed a letter from a Michigan doctor who had been treating Lieffers for three months.

"I would not consider him capable of managing his own affairs or making independent financial decisions," wrote Dr. Mary S. Richardson.

Watson said Lieffers seemed lucid and competent. Lieffers revoked Marta Northam's power of attorney, and Watson began overseeing his affairs.

Then Lieffers came back to Watson with another request. This time, he wanted to rewrite his will. The new sole beneficiaries: Growney and his girlfriend, Gina Collins.

Watson said he recommended Lieffers hire another attorney because Collins was his niece.

But several days later, Lieffers asked again and remained adamant.

"He said, "I've been impressed with the way you've handled my affairs so far, and I want you to be the one to make the changes to the will,"' according to Watson.

The attorney drafted the new will excluding Lieffers' children.

"My relationship with them over the last several years has deteriorated to the point that I intentionally decline to name them or their spouses, or their children, as beneficiaries under the terms or provisions of this Will," it said.

It left everything to Growney and Collins.

"Gerard Growney and Gina Collins have acted in my behalf over the last year and have provided me with care and comfort, and have taken great steps to ensure my physical and emotional well-being."

Nearly three weeks after leaving his retirement home, Lieffers signed the document.

* * *

During this time, Lieffers moved in with Growney and his girlfriend in their home on Snell Isle. His daughters called repeatedly. He refused to talk to them.

The daughters filed for an emergency hearing, asking a judge to assign them or an independent guardian to watch over Lieffers. Three court-appointed professionals agreed that Lieffers was incapable of making his own decisions. He got a guardian.

Eventually, Lieffers moved into an assisted living facility in St. Petersburg. His relationship with his daughters improved over the next two years, they say. Jennifer Reibel said she visited him eight times.

Her father never mentioned he had changed his will.

Growney also visited, nearly every day, Watson said. "He was the closest thing he had to a friend this last year." But Lieffers' family say Growney had a motive: money.

As time passed, the battle quieted - until Nov. 11 when Lieffers died. His will was revealed in court six days later, confirming what the family had feared.

* * *

Before all of this, Harry and Betty Lieffers' wills said the same thing. The couple left everything to each other, and when they died, to their children - his two daughters, and her son.

Harry Lieffers' younger daughter said he talked about his will for at least 14 years.

"He was proud of the fact that he had earned a good living over the years, and that he would be in a position to leave "a little something' for us when all was said and done," Jennifer Reibel said.

She filed a complaint against Watson with the Florida Bar, saying he knew her father was in no condition to change his will. The investigation is ongoing.

Watson says he did nothing wrong.

"Harry Lieffers had all of his legal rights on the day he came into my office."

He says he talked to Lieffers for more than 10 hours before he signed the new will. "At all times, he indicated he knew exactly what he was doing," Watson said.

For now, Lieffers' will is winding its way through probate court. After final bills are paid and if no one contests the will, the money will be distributed.

Watson said his niece, Collins, signed papers renouncing her half after she and Growney broke up. Collins could not be reached for comment.

Lieffers' children know a lengthy court battle may wipe out all of the funds, but they believe Lieffers would have wanted them to push forward.

"If we ever needed Dad, he was there for us," said daughter Reibel. "We will continue to be there for him, to preserve his last wishes now that he is gone."

--Jamie Thompson can be reached at 727 893-8455. Send e-mail to jthompson@sptimes.com

[Last modified December 12, 2005, 01:10:15]