Etta Mae Paulson died on January 31, 2014, leaving four children: Ken, Donald, Barbara, and Larry. She

Question:

Etta Mae Paulson died on January 31, 2014, leaving four children: Ken, Donald, Barbara, and Larry. She had purchased a home in Rainier in 2009, for $21,300. At that time, she had a will that she had executed in 1993, leaving all of her property to her four children in equal shares. That will was never changed. After she moved into the house in Rainier, Ken, Ken's wife, Barbara, and Don helped Etta, who suffered from arthritis in both hands, renal failure, congestive heart failure, and diabetes. As a result of these conditions, Etta had trouble getting around and, during the last part of her life, she used an electric cart. She was taking several medications, including Prozac, Prednisone, Zantac, and Procardia, and was receiving insulin daily and dialysis an average of three times a week. Although there is no evidence that she was mentally incompetent, the medications and treatments made her drowsy, tired, and depressed, and caused mood swings. It is undisputed that she was dependent on the help of others in her daily living.
Larry was not in the Rainier area when his mother moved there and did not visit her. The other children and her neighbor helped her. The other children reroofed the house, picked fruit and stored it, and mowed the lawn; her daughter helped her with her finances and had a joint account with her, which the daughter never used. All of those children visited her frequently, and at least one of them saw her every day. Etta expressed concern about losing the house because of her medical bills and suggested that she put the house in Ken's name; he and Barbara looked into the situation and concluded that it was not necessary, and so advised their mother. At some point-it is not clear when-Larry was told by state welfare authorities, as Ken and Barbara had learned, that so long as his mother maintained her house as her primary residence and was not receiving Medicaid, she was not in danger of losing her house to the state.
Sometime in early 2013, Larry and his then girlfriend (later his wife) moved in with Etta and took over her care. Larry expressed his concern to his mother that the state might take her house. Not long thereafter, Larry rented a house in Longview in his name and persuaded his mother to move in with him, his girlfriend, and her child. After Etta moved to Longview, she rented her house in Rainier; the rent was used to maintain the house in Longview. At that time, Etta had a savings account with approximately $2,000 in it; Larry held his mother's power of attorney. At the time of her death in January 2014 that account was exhausted, although her medical expenses were being paid by Medicare. Larry admitted that he used some of that money to buy a bicycle and a guitar. He had also used her credit card, on which there was a substantial balance after her death, which he did not pay. He said that that debt "died with his mother." On numerous occasions, Larry expressed to his mother his concern that the state would take her house if she kept it in her name. She was fearful of that, in spite of what she had been told by Ken and Barbara. Larry told her that they were wrong, and frequently urged her to make up her mind "about the deed." Etta was hospitalized three times during 2013. Finally, on September 30, 2013, Larry suggested to his mother that they go to a title company in Rainier to get a deed. Etta signed the deed and gave up all of her rights in the property. Larry then had it recorded. He did not mention it to any of his half-brothers or -sister until two months later when he boasted of it to his half-sister. Is the deed voidable? Explain.
Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question
Question Posted: