In re Lucas

• Decision Date: 24 March 2014
• Docket Number: Case No. 2013 INT 31
• Parties: IN RE: ROBERT D. LUCAS, An Adult.
• Court: D.C. Superior Court

IN RE: ROBERT D. LUCAS, An Adult.

Case No. 2013 INT 31

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION

March 24, 2014

Judge Erik P. Christian

ORDER

This matter is before the Court on consideration of the Petition to Void Deed.

I. FINDINGS OF FACT

On September 24, 2013, October 1, 2013, and October 2, 2013, the Court conducted hearings in order to determine the validity of the Quitclaim Deed allegedly signed by Decedent Robert Lucas on September 15, 2012. Pursuant to the Court's review of the record in its entirety, the Court makes the following findings:

a. Introduction to Parties and Witnesses

1. Decedent Robert D. Lucas ("Decedent") purchased his primary residence, an improved parcel of real property located [Redacted] NW, Washington, D.C., with his wife, Anna Jean Lucas, on September 22, 1958 (the "Subject Property"). (Pet. to Void Deed Ex. A.) Decedent and Anna Jean Lucas had one child: Robert Lucas, Jr. (Supp'l Pet. to Void Deed ¶ 4.) The Court found that Decedent was an individual incapacitated within the meaning of D.C. Code § 21-2011(11) (2012) on March 14, 2013. (Order, Mar. 14, 2013.) Decedent died on June 10, 2013. (Final Report of Guardian ¶ 5, Aug. 21, 2013.)

2. Anna Jean Lucas died in 2006. (Hr'g Test. 2:37:06 P.M. - 2:37:15 P.M., Sept. 24, 2013.) Robert Lucas, Jr., died in 2008. (Supp'l Pet. to Void Deed ¶ 5; accord Hr'g Test. 12:29:54 P.M. - 12:30:15 P.M., Oct. 1, 2013.) Myra Joy Branch ("Petitioner") is Decedent's granddaughter and daughter of Robert Lucas, Jr. (Id.)

3. Respondent Hugh B. Wilhite, Jr. ("Respondent"), Decedent's neighbor, lives at [Redacted] Washington, D.C. (Hr'g Test. 11:09:14 A.M. - 11:09:19 A.M., Sept. 24, 2013.) Respondent has lived at this location for twenty-nine years. (Id. 11:09:20 A.M. - 11:09:24 A.M.) Respondent met Decedent in 1984 through a mutual neighbor. (Id. 11:09:25 A.M. - 11:09:34 A.M.) George Teitelbaum served as Respondent's counsel. (Opp'n to Pet. to Void Deed, June 13, 2013.)

4. Linda Wilhite is Respondent's spouse. (Hr'g Test. 12:25:36 P.M. - 12:25:41 P.M., Sept. 24, 2013.) Linda Wilhite's last conversation with Decedent was in 2008 at a party for Ms. Wilhite's daughters in honor of their graduation. (Id. 12:27:45 P.M. - 12:28:11 P.M.)

5. Lynn Hill met Decedent in 1992 through the Veterans of Foreign Wars ("VFW"). (Hr'g Test. 2:33:57 P.M. - 2:34:20 P.M., Sept. 24, 2013.) At the time, Decedent was an Inspector for VFW, and Mr. Hill was a Deputy Inspector. (Id. 2:34:20 P.M. - 2:34:59 P.M.) Decedent and Mr. Hill would inspect the VFW "posts" to determine whether their books were in compliance. (Id.) Later in life, Mr. Hill assisted Decedent in many activities. For example, Mr. Hill brought Decedent to doctor's appointments and handled Decedent's banking. (Id. 11:21:44 A.M. -11:22:08 A.M.) Mr. Hill was not compensated for any of these services. (Id. 11:22:42 A.M. - 11:22:52 A.M.)

6. Leonora Wilson is a Risk Management Specialist with Industrial Bank. (Id. 3:27:03 P.M. - 3:27:32 P.M.) Ms. Wilson managed Decedent's accounts with Industrial Bank after Industrial Bank determined that Decedent's accounts were fraudulently accessed in early 2010. (Id. 3:27:03 P.M. - 3:30:20 P.M.)

7. Dr. Edwin Powell was the Court appointed examiner, initially tasked with providing the Court with information regarding Decedent's level of capacity. (Order, Feb. 8, 2013.)

8. Dr. Kenneth Austin, one of Decedent's physicians and a witness for Respondent, examined Decedent for musculoskeletal/joint concerns. (Hr'g Test. 2:32:38 P.M. - 2:33:00 P.M., Oct. 1, 2013.)

9. Decedent had caretakers, namely Christine Rogers, Anthony Brown, and Linda Purnell. (Hr'g Test. 3:12:52 P.M. - 3:13:27 P.M., Sept. 24, 2013.) Anthony Brown appeared as a witness on behalf of Respondent.

10. Ronald Dixon was the Court-appointed guardian and conservator for Decedent. (Order, Mar. 14, 2013.) Conservator Dixon did not testify during the hearings. Attorney Deborah Boddie served as counsel for Conservator Dixon. (See Pet. to Void Deed, Apr. 18, 2013.) It was Attorney Boddie, pursuant to her ethical obligation as outlined by D.C. Rules of Professional Conduct 1.14(b), who initially notified the Court about Decedent's diminished capacity. (Pet. for Gen. Proceeding, Jan. 31, 2013.)

b. Decedent's Health Background

11. In September 2008, Decedent suffered a fall while in the Subject Property. (Hr'g Test. 11:23:51 A.M. - 11:24:01 A.M., Sept. 24, 2013; see also id. 2:39:37 P.M. - 2:40:40 P.M.) Ms. Elle Wilkins, a friend of Decedent, had been checking on Decedent on a daily basis, but had not seen him since Sunday afternoon. (Id. 2:41:39 P.M. - 2:41:58 P.M.) Decedent had been on the floor for three days by the time he was discovered. (Id.) Mr. Hill checked Decedent into the hospital. (Id. 2:41:59 P.M. - 2:42:08 P.M.) Mr. Hill also signed Decedent out of the hospital and checked him in to the Heartland Nursing Home ("Heartland"), a rehabilitation center. (Id. 2:42:27 P.M. - 2:42:38 P.M.) At some time between Christmas and New Years Day in 2008, Mr. Hill signed Decedent out of Heartland. (Id. 2:42:39 P.M. - 2:43:00 P.M.)

12. Decedent could no longer walk after his fall in September 2008. (Id. 11:31:04 A.M. - 11:31:16 A.M.; see also id. 2:43:32 P.M. - 2:43:35 P.M.) He required the assistance of a wheelchair, as well as a makeshift board to assist him in getting into his wheelchair. (Id. 11:31:17 A.M. - 11:31:56 A.M.)

13. Mr. Hill stated that Decedent's home "wasn't very pleasant" after Decedent's fall. (Id. 2:45:08 P.M. - 2:45:20 P.M.) There were seven or eight cats leaving an "odor" which permeated Decedent's furniture. (Id. 2:45:20 P.M. - 2:45:42 P.M.) The kitchen ceiling was nonexistent, leaving rafters exposed. (Id. 2:45:42 P.M. - 2:45:56 P.M.) Decedent ceased to traverse the stairs in his home, instead living in his living room. (Id. 2:45:56 P.M. - 2:46:16 P.M.)14. Ms. Wilson also described Decedent's home when she visited Decedent in March 2010. She went to Decedent's home to execute new signature cards in order to open new accounts. (Id. 3:38:40 P.M. - 3:39:07 P.M.) Ms. Wilson described Decedent's living conditions as "deplorable," with a horrible smell of cat feces; there was a stained, soiled couch with broken springs, a stained rug, urinals near the couch and table, and trash piled on the tables. (Id. 3:39:25 P.M. - 3:40:14 P.M.) Decedent, however, seemed to understand what was going on around him; he did not appear malnourished, was alert and responsive, and seemed in good health considering his age. (Id. 3:40:15 P.M. - 3:40:35 P.M.)

15. In October 2011, Decedent again fell out of his wheelchair. (Id. 2:58:18 P.M. - 2:58:40 P.M.) Mr. Hill stopped by Decedent's home for a visit and found him on the floor. (Id. 2:58:40 P.M. - 2:58:25 P.M.) Mr. Hill signed Decedent into Providence Hospital. (Id. 3:00:30 P.M. - 3:00:35 P.M.) Mr. Hill also signed Decedent out of Providence Hospital when Decedent was transferred to the Washington Center for the Aging. (Id. 3:00:49 P.M. - 3:00:53 P.M.)

16. Mr. Hill took photographs of the Subject Property in late March and early April 2012 in order to get Decedent released from the Washington Center for the Aging. (Hr'g Test. 3:05:36 P.M. - 3:06:48 P.M., Sept. 24, 2013; see also Pet'r's Exs. 4.1 - 4.5.) The photographs demonstrate that the Subject Property was in poor condition. Exhibit 4.1 shows water stains underneath an electrical socket, which apparently came from leaks. (Hr'g Test. 3:06:49 P.M. - 3:07:33 P.M., Sept. 24, 2013; see also Pet'r's Ex. 4.1.) Exhibit 4.2 shows the kitchen counter under the microwave, which appears in poor condition; some of this damage was apparentlycaused by cockroaches and "rodents." (Hr'g Test. 3:07:33 P.M. - 3:08:00 P.M., Sept. 24, 2013; see also Pet'r's Ex. 4.2.) Exhibit 4.3 captures the destruction in Decedent's bathroom, showing exposed plumbing and a bucket full of water on top of cracked and damaged flooring; testimony indicated that a contractor removed the counter sink. (Hr'g Test. 3:08:00 P.M. - 3:09:45 P.M., Sept. 24, 2013; see also Pet'r's Ex. 4.3.) Exhibit 4.4 shows cluttered shelving which appear to be damaged. (Pet'r's Ex. 4.4.) Mr. Hill testified that the upstairs was "dirty" due to cats being in the home. (Hr'g Test. 3:10:29 P.M. - 3:10:50 P.M., Sept. 24, 2013.)

17. Decedent returned to the Subject Property in April 2012. (Hr'g Test. 11:33:39 A.M. - 11:33:57 A.M., Sept. 24, 2013.) As a condition of his release, the Subject Property had to be cleaned and installed with a hospital bed. (Id. 11:34:04 A.M. - 11:34:57 A.M.) Mr. Hill took the lead on these projects, but Respondent offered his truck to pick up the new hospital bed, and Respondent cleaned out some of the mess that had accumulated in Decedent's absence. (Id. 11:34:05 A.M. - 11:35:42 A.M.) Mr. Hill, Respondent, and Ms. Elle Wilkins assisted in any way they could, such as bringing Decedent meals. (Id. 2:43:37 P.M. - 2:44:02 P.M.) Mr. Hill estimated that he was with Decedent five to six hours a day. (Id. 2:44:03 P.M. - 2:44:16 P.M.)

18. Along with the repairs to Decedent's home, Mr. Hill hired caretakers for Decedent because the Washington Center for the Aging required a caretaker as a condition of Decedent's release. (Hr'g Test. 3:13:23 P.M. - 3:14:07 P.M., Sept. 24, 2013.)

19. Generally, Mr. Hill served as the "point person" for all of Decedent's needs. Mr. Hill handled Decedent's mail, including paying all medical bills and orders for medication. (Id. 3:14:07 P.M. - 3:14:38 P.M.) Decedent was unable to prepare checks to pay for his bills in 2011; instead, Industrial Bank, with guidance from Mr. Hill, handled the payment of Decedent's bills. (Hr'g Test. 3:36:16 P.M. - 3:36:57 P.M., Oct. 1, 2013.)

20. Mr. Hill purchased groceries for Decedent, but Respondent may have purchased emergency groceries on occasion. (Hr'g Test. 2:54:08 P.M. - 2:55:37 P.M., Sept. 24, 2013.)

21. Respondent checked on Decedent every morning before going to work. (Id. 11:27:34 A.M. - 11:27:57 A.M.) Respondent began

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