Chapter 8 - JASON FIGHTS BACK
Jason did not leave.
He hired attorney Mark Ellis.
Smart move.
Mark did not defend the plate incident emotionally.
He attacked Helen’s capacity.
He argued:
recent concussion,
medication,
stress,
possible cognitive impairment.
If Helen lacked capacity when changing the trust, the amendments could be challenged.
Jason smiled at her across mediation.
“You messed up.”
Helen felt fear.
Real fear.
Rachel did not dismiss it.
“They can challenge.”
“Will they win?”
“We prove capacity.”
A geriatric neuropsychologist evaluated Helen.
Not a friendly doctor chosen by Rachel.
Independent.
Tests:
memory,
reasoning,
financial understanding,
executive function.
Helen performed normally for age.
Some slowed processing.
No dementia.
No evidence she could not understand trust amendments.
Then Mark attacked timing.
“Mrs. Carter changed her estate immediately after conflict with her son.”
True.
Could be retaliation.
Helen testified:
“Yes.”
Jason’s attorney smiled.
Then Helen continued:
“I changed it because the conflict revealed he was trying to control property that belonged to me.”
Also true.
Then Mark produced video.
Helen in wheelchair.
Helen asking Jason to explain bills.
Helen saying:
“I can’t remember.”
Jason had secretly recorded her.
Rachel looked at Helen.
Helen had expected this.
She explained:
“I was testing whether he would pressure me.”
Mark said:
“So you deceived your son.”
Helen answered:
“Yes.”
That was uncomfortable.
But not incapacity.
Then Mia testified that Helen’s confusion often disappeared when Jason left the room.
May you like
The strategy had risk.
But it worked.
