Complaint Review: Henry Gerrits - Cary North Carolina

In 2006 Willem Gerrits passed away leaving an estate of properties and misc. assets valued at over two million dollars to be shared among his seven surviving adult children. The eldest of which was first trustee Henry Gerrits who lived on the opposite side of the country. Though not entirely estranged he was no longer close to most of Willems children living in California and not involved in any of the day to day business required to run the estate (particularly the management & maintenance of rental properties) as some heirs were. Specific to that was the late Tony (Teunis) Gerrits whom many considered the family spokesperson and Willems right hand.

With the diagnosis of cancer in 1993 of beloved wife and mother Henny Gerrits much of the estate running was assumed by Tony and  two brothers becoming full time care givers for Henny (she left this world in October of 1996) and for Willem until his subsequent passing ten years later. Not much was known by anyone besides Willem of the estates value until after he was deceased. It was however known by all that there was a family trust. In fact one of the brothers (Gary Gerrits) purchased a condominium in 1983 which was entered into the family trust to protect it as a family asset.              

Though the trust expressed that its value was to be equally divided among seven siblings there was room for interpretation of how that was to be done as long as agreed upon and acted upon in good faith. Initially it was decided two brothers Gary and Bert (Lambertus) Gerrits would forego any monetary inheritance in favor of assuming ownership of one of the houses. Going forward in this manner meant that Gary and Bert did not concern themselves too much with how Henry was managing the remainder of the assets.

They were unaware of how bad things were until Tony took the matter to court and while his claim was that Henry was guilty of fraud the actual case was filed against the trust meaning assets intended for all were being used to cover legal fees incurred by Henry and his defense lawyers. The judge ordered Henry to step down as trustee and bypassed Tony leaving it to Willems 3rd child Johanna Stockdale                                  

By the time Gary and Bert became aware of these legal issues they were beyond any control they might have had to intervene and the other siblings sided with Henry and went along with his contention that Gary and Bert were aligned with Tony. Fact was that Tony was so pissed off that he was no longer communicating with anybody. Only through court orders did Gary and Bert receive vague account of the extent of the disaster incurred upon the estate with give away style slashing of stocks and bonds to leverage outstanding mortgages.

As the economic down turn of 2008 followed this the losses were twofold. Add to that a year (resulting in zero rental income) and thirty plus thousand dollars were spent refurbishing one property only to see it still sell for less than its 2007 appraisal. If that property had been sold as is sooner Tony could have received what was rightfully his and probably have not taken any legal action.                              

This was never considered and by this time it was becoming apparent that there would be no keeping or trying to manage any properties including the one Gary and Bert had already made their home in fact their sister Johanna filed unlawful detainer claims against them. Having been denied any income (including from the house they occupied which had three paying tenants besides) and seeing any potential monetary settlement slashed to nothing they were forced out.

Gary was given this news as he was recuperating in an ICU following emergency surgery for an undiagnosed stomach ulcer which exploded and nearly killed him. I contend this ulcer was caused by the dissolution of the family he once held dearly in fact the massive coronary that claimed the life of Tony six months later I also attribute to the anger he must have had over the same thing.                                                                                                                                      

With an uncertain future (Garys medical bills exceeded the money he received) Gary and most likely Bert as well would like to have Henry investigated and forced to defend his actions regarding his dispersion of trust assets. The main sources of contention are numerous starting with his making unilateral decisions and culminating with him still concluding the dissolution of the trust following a court order to desist. Considering that he is accused of fraud in the sale of a used car only cements the resolve to prosecute this matter.

Another red flag goes up with the discovery of his involvement  (as to the extent unclear) in a shady land deal in Penland nc where it appears a large sum of money may have been lost. That would surely provide a motive out of desperation to at least make even his staunchest of supporters to want to question any loyalty or faith they may have had or still have in the man that destroyed in five years what his father broke his back to build the previous forty five years.                      

Willem joined Henny knowing that he never wavered in what was all important to both of them  which was the health and well being of their family even as it often meant doing without for themselves. Following her death Willem let Tony control the majority of property management preferring instead to dabble in the stock market from home or become involved in his love of Christ by attending different churches as he never settled for one view of any subject.

Apart from a few trips back to the Netherlands (birthplace of their first four children) Willem ignored the advice of Gary and others that he should if he could purchase a new car or truck or both again with his selflessness in charge and a strong desire to leave it to his family. Even the decision to call it the Gerrits Family trust reflects what this really good man was made of. I loved him and I am convinced his faith in his first born was misplaced. The wish is that this report helps to find the truth of it at the least the scrutiny expose him to those who would disagree with it.