202200334 - Laserfiche WebLink

Browse

202200334 to sell the horses or find an alternative location to keep them. According to Defendant, Howard insisted that he find an acreage so that he could keep the horses, although Howard later testified by affidavit, Exhibit 7, that it was Defendant who pressured her into buying the property. The purchase price for the acreage was $400,000, and Howard paid a $10,000 earnest deposit. She specifically included in the purchase agreement the following contingency: "Subject to selling house 546 So Woodland Dr. 68801, G.I." Exhibit 21. The agreement further stated "Buyers will accept this offer subject to the house on 546 So. Woodland Dr. to be under a purchase contract by Oct. 18, 2017. If not this purchase agreement will be null and void." Id. Both Defendant and Howard signed the purchase agreement. Approximately two weeks later, or on October 20, 2017, Dr. Wagner met with Howard after she reported a cough and some chest discomfort. An earlier scan revealed a large tumor in Howard's chest area, which Dr. Wagner concluded was consistent with lung cancer. Dr. Wagner testified that Howard was distraught and tearful when he shared the presumptive diagnosis. Dr. Wagner also explained to Howard that she would likely not survive more than a few weeks without treatment, but might survive another year with treatment. Defendant accompanied Howard to the consultation and Dr. Wagner confirmed it was the first time he had met him. Dr. Wagner testified that Howard was vulnerable at the time as she had just received a terminal diagnosis. A later biopsy taken on October 26, 2017, confirmed Dr. Wagner's diagnosis of terminal lung cancer. Howard contacted her attorney Duane Burns on October 24, 2017, and requested a will, a power of attorney, and a healthcare power of attorney. She explained to him that she had an upcoming medical procedure, although she did not disclose her terminal diagnosis. Howard wanted to name Defendant as her power of attorney and as the sole beneficiary of her estate. Howard and Defendant went to the attorney's office the next day and she signed the documents. Mr. Burns testified that he was satisfied Howard was competent and she made it clear that she did not wish to leave anything to her family. In the power of attorney, Defendant was granted general authority concerning a variety of subjects, but was not granted any specific authority, including the right to make a gift or create or change rights of survivorship. See Exhibit 20. Mr. Burns recalled that Defendant 4 Certified Page 4 of 17