Tuesday, February 8, 2011

And then along came John riding in on his white horse

Just when we thought Domonic was going to get "off the hook" scot-free, John appears to say whoa, wait just one minute, he doesn't agree with the settlement agreement that Kara, Domonic, William, Theresa, Mary and Wills all agreed to. But since John didn't participate in the mediation, the others are saying that he shouldn't have any say about the settlement agreement because he knew about the mediation and chose not to participate. But John says that when the mediation was taking place, he didn't know that he was the beneficiary of Stephen's life insurance policy until he was notified by MetLife of a conflict as to who Stephen's actual beneficiary was. So an interpleader action was filed in Denton, Texas by MetLife for the court to determine who should be deemed Stephen's beneficiary. Also, it wasn't until after John was provided with the settlement agreement, that he discovered that they all agreed to more than what was listed in the mediation itinerary.

Just a few weeks before Stephen passed away, he changed his beneficiary to his sister, Theresa Pothier. Stephen's radiation oncologist stated in her "opinion" that Stephen was competent to sign checks and such. Kara alleged that Stephen was incompetent, but retracted that statement after she found out she wasn't the beneficiary of her husband's life insurance policy. And if Stephen was competent, why was Domonic Harper signing off on the request to withdraw $375,000 from Stephen's life insurance policy instead of Stephen? And was Stephen aware that the money Domonic took from his life insurance policy was supposedly put it into the newly formed company, C02 Petrol which Domonic Harper and Theresa Pothier managed? Something just doesn't add up here.

Now, if John truly believes and can prove that Stephen was not competent to change his beneficiary, then he would be declared the beneficiary of Stephen's life insurance policy. But the burden of proof is on John to prove by a “preponderance of the evidence” that the deceased lacked mental capacity. It certainly will be interesting to see how the Texas Court rules since the law presumes all adults competent until proven otherwise. My question is, if John is named beneficiary, what will he do about Domonic Harper taking $375,000 from a life insurance policy, just days before his presumably "incompetent" brother passed away, when that money would have been directed to him?

Kara's response to John's Motion for Revision states that the agreement they all entered into, does not bind John to forgive Domonic Harper for breaching his fiduciary duty; that John still has the option to legally pursue Domonic for breaching his fiduciary duty. She further states that only the Estate Administrator has agreed to not pursue Domonic Harper for breach of duty. Theresa, on the other hand, filed an objection to John's motion asking the court to deny his motion. I'm wondering, as I'm sure others are, if the ones who took the money are going to get by with it. And now, here we have the widow basically giving up and letting the crooks off the hook, because she can't "get blood from a turnip" and obviously wants to put this nightmare behind her and I can't blame her for wanting to move on.

After John's reply to Kara and Theresa, his revision hearing was set for February 11, 2011. Guess what happened? The judge who mediated the CR2A agreement was the same judge scheduled to hear John's motion for revision. That obviously posed a question of his ability to be fair and impartial, so he recused himself and another judge was assigned to hear John's motion'. So now we wait for John's hearing to be re-scheduled before the new judge. What does all this mean? Well, rumor is, that Domonic has left the country.....my question is why and where did he go? Maybe he realizes that he and Theresa are not quite "off the hook" and more money for the lawyers, who are probably the only ones smiling all the way to the bank....well everyone but Wills! Site Meter