202200334 - Laserfiche WebLink

Browse

202200334 were "getting married," which surprised him because she had previously expressed no interest in marriage. Dr. Wagner testified that based upon his observations, Howard was vulnerable because she had very little support, she faced a life-threatening illness, and she was emotionally unstable. Defendant finalized the purchase of the acreage on November 20, 2017. Howard did not attend the closing, although Defendant testified that she had given him permission to sign the necessary documents on her behalf. He did so as power of attorney for Howard. After closing costs and adjustments, the remaining amount owed on the property was $357,392.11, which was funded entirely by Howard out of her individual retirement account. See Exhibit 39. Defendant acknowledged that he withdrew the funds from Howard's bank account as power of attorney and testified that he had her permission to withdraw the funds. A Survivorship Warranty Deed was registered in Hall County on November 20, 2017, naming Defendant and Howard as joint tenants with rights of survivorship for the acreage. See Exhibit 3. Howard fell and broke her leg on November 24, 2017. It appears she was home alone at the assisted living facility at the time. She was transported to the hospital and then later to a skilled care facility. Howard's niece, plaintiff Valorie Galvan, testified that neither her, nor any of her siblings, were notified of Howard's fall. Ms. Galvan eventually learned that her aunt was at the St. Francis skilled care facility and she searched for her room by room. She finally located Howard. Defendant was also in the room. When asked about the lack of communication concerning her aunt's care, Defendant represented that the room did not have a landline, but Ms. Galvan testified that she could see the phone behind Defendant and it was unplugged. Ms. Galvan then made efforts to locate a social worker due to concerns, and her brother contacted the police. Law enforcement later arrived and Defendant was escorted from the hospital. Howard died on July 9, 2018. Her death certificate, Exhibit 9, indicated that cause of death was small cell carcinoma of the lung. Prior to her death, Howard filed a Complaint for Annulment and later a Complaint for Dissolution of Marriage in Hall County District Court, Case CI 17-1071. Notably, the district court granted Howard's motion to sell the acreage on or around June 28, 2018, but Howard died prior to any sale and Defendant still 6 Certified Page 6 of 17