“It’s fine, Kate.” Jared held onto her. “I feel the same way.”
They both laughed, a sound he never thought he’d hear in the near future let alone today.
“I am so sorry.” Don removed his glasses and rubbed his eyes. “It was a difficult day yesterday. I thought I was clear on the phone but perhaps I wasn’t.”
“Cassidy’s alive.” Kate sat, but didn’t let go of Jared’s hand so he sat, too. “That’s what matters. Is she okay?”
“Cassidy is in stable condition,” Don explained. “The car seat seems to have protected her from more serious injuries.”
Kate sucked in a breath. Jared blew his out.
“What?” Don asked.
“Our baby shower gift was the car seat,” Jared said.
Don leaned forward. “Excellent gift.”
Jared nodded, but he felt strange. Kate had spent hours poring over catalogs and reading car seat reviews in order to pick the right one. He’d thought she was being obsessive again, but her research could have saved the baby’s life.
Her lips parted. Was she remembering?
How could she not? Cassidy was alive. Her parents were dead. And the little girl belonged to him and Kate.
Jared remembered when Brady and Susan had flown in for a weekend. Susan and Kate had spent the day shopping for maternity clothes while Brady helped Jared build a trellis for the yard. That night over a bottle of sparkling cider, Brady and Susan asked them to be the baby’s guardians. They told them to think about the request. Jared and Kate did and agreed the next morning.
But that was before. Before the separation. Before Kate had filed for divorce.
“How recent is the will?” Jared asked.
“I met with Brady and Susan a week after Cassidy was born.” Don got a faraway look in his eyes. “I remember them telling me this was the baby’s first outing since coming home from the hospital. Susan said she’d put it into the baby book.”
That didn’t make sense. Brady and Susan would have known about the marriage problems, about Jared living and working in Seattle and Kate in Portland. Something wasn’t adding up.
“What’s the problem?” Kate asked. “We told them we would do it.”
“This is a life-changing decision,” Don said. “Don’t rush. You have thirty days after we start guardianship proceedings to accept the appointment.”
“We’re not declining,” she said.
Jared agreed with her. Of course he did. But he needed to be sure this was what his friends wanted for their daughter. Guardians with a disintegrating, soon-to-be-over marriage didn’t seem like the number one choice parents would make. “Could you please read the guardianship portion of the will?”
Don paged through the paperwork. “Since Brady and Susan wanted to name both of you as guardians, I suggested additional wording to the wills, which they agreed to.”
That made sense to Jared, and he wanted to hear the wording. Especially since Brady and Susan knew about the marriage problems.
“Here’s the passage from Brady’s will. Susan’s is identical.” The lawyer put on his glasses. “‘If my spouse does not survive me and if at the time of my death any of my children are minors or under a legal disability, I appoint Jared Reed and Kate Malone to act jointly as the guardian of each child who is a minor or under a legal disability so long as Jared Reed and Kate Reed are both then living and married on the date of such appointment.’”
Kate straightened in her chair.
Jared felt her tension. It wasn’t so bad, though. They were living. They were still married. They were fine.
At least as far as the baby was concerned.
Of course Cassidy would become part of the divorce settlement. No doubt Susan would want Kate to have custody.
“Are there any provisions if our marriage ends at a future date?” Kate asked, her voice cool.
“Actually there is. Again both wills contain the same wording.” Don flipped the page. “‘If Jared Reed and Kate Malone are not married to each other on the date of such appointment or become separated or divorced at a later date, I appoint Jared Reed to solely act as the guardian of each child of mine who is a minor or under a legal disability.’”
“What?” Kate asked.
Jared sat stunned. “Me?”
CHAPTER TWO
KATE’S heart pounded. Every muscle tensed. She didn’t believe her ears.
She couldn’t.
“There must be some mistake.” Her gaze darted between a shell-shocked Jared and a contemplative Don. “Susan would never have agreed to that.”
“It’s not a mistake,” Don said matter-of-factly as if they were discussing the custody of a pampered pet not Kate’s precious goddaughter. “Brady and Susan were clear with their wishes and made sure I understood them.”
Kate flexed her fingers, fighting to grasp the situation. Fighting for control. “But it makes no sense.”
“I agree.” Jared’s confident voice reassured her. “I may have been nominated as the personal representative, but the sole guardian? Kate and Susan were as close as sisters. There’s no reason I should be the one named in the wills.”
Relief and gratitude washed over Kate. Thank goodness he understood how ridiculous this was. No doubt Jared would support her in getting this overturned.
His gaze met hers. They were on the same side for once. And that felt…good. Satisfying. In a way it hadn’t for a very long time.
“Remember that’s only if you and Kate divorce,” Don added. “As long as you are together, the provision doesn’t apply.”
Her relief ebbed.
The split of assets had been agreed upon; the paperwork had been filed. It was only a matter of time, weeks really, until the divorce was official.
Panic threatened. Kate grabbed onto the chair. She couldn’t lose control.
Not when she had to think. Kate needed to figure out a way to fix this. First, they had to be named guardians. Together. Then she and Jared could challenge the validity of the will so she could gain sole guardianship of Cassidy. Of course, Jared would have whatever visitation rights he wanted.
She eased her death grip on the chair arms. Now that she had a plan formulated, she could cope.
“If it’s any consolation, Kate,” Don said, his voice startling her. “You are named sole guardian if Jared dies.”
“Don’t give her any ideas.”
His wry humor reminded Kate of the time he playfully accused her of poisoning him when she made juice using organic kale, rhubarb and strawberries after a trip to the Farmer’s Market. A smile pulled at her mouth. She caught herself. This wasn’t the time for fun. She pressed her lips together.
“What happens next?” Jared asked the lawyer.
“Well, since you’re married you will both receive guardianship if you accept the nomination,” Don explained. “But I’m sure this is something you want to discuss in private. No guardian can be named until the personal representative is officially appointed and the wills submitted for probate.”
She struggled to make sense of his words, to understand their implications. “What about Cassidy? What happens to her in the meanwhile?
“Cassidy is currently under state custody,” Don said.
That