Re: Case Number 20240930119
Elder Abuse (Tennessee Code Annotated 39-15-502)
I was unable to file a criminal complaint about my concerns via email or telephone with the Loudon County Sheriff’s Department before my last visit to Loudon County. I did not receive a response prior to my visit. The primary response I received prior to my visit was from the District Attorney. He sent me a lengthy incoherent response. It was obvious that he was unwilling to prosecute elderly fraud cases. Subsequent communication from me has not changed this impression in the least.
Prior to my last visit to Loudon County, I posted a direct statement about the situation on my web site https://zorrow.org/horion-family-treachery and my Facebook page: Tellico Gossip. As a direct result of these postings, I was offered an opportunity to discuss my concerns with Loudon County Sheriff’s Department Deputy Chief Hutchins and two of his investigators. After a lengthy discussion, I was told an investigation would be conducted. I asked for a case number to on the spot. Shortly after, I was given a case number. My request for a copy of the criminal case file has been ignored!
In the opening remarks you have stated that there is not enough evidence to move forward with an investigation. Hear no evil, see no evil, or speak no evil is not the actions of a professional law enforcement organization. It is obvious from the District Attorney's commentary and the actions of the Loudon County Sheriff’s Department both are unwilling to conduct a criminal investigation of my family. I will address the various issues discussed in the Sheriff’s Department memo.
Tennessee Code Annotated (TCA) 39-15-502 makes it unlawful for a
person to financially exploit elderly (age 70 or older) or vulnerable
adult. The key elements of this statute include:
1. Intentional or knowing actions: The perpetrator must
intentionally or knowingly engage in financial exploitation.
Intent to Commit Fraud
* Beatrice Horion had a new Last Will and Testament was executed in October 2019. Diane Lee has refused to confirm the existence of a prior document. The changes made between the last two Last Will and Testaments will clearly define the winners and losers in the fraudulent Last Will and Testament executed in October 2019. Attorney Frye said he was not aware of a prior Last Will and Testament. It is unlikely my mother would not have had a Last Will and Testament before 2019. The people with the most to gain or lose from a new Last Will and Testament versus the preexisting document will define criminal intent.
James Lester Kennedy was a crooked lawyer hired to go to Diane Lee’s house. He failed to tell my mother he was not a licensed lawyer. It was Diane Lee’s responsibility as executor to hire a competent and licensed contractor to do any legal work for my mother’s estate. It is crucial for executors to ensure that any professionals hired are properly licensed and in good standing to avoid these potential problems.
An estate executor can face consequences for hiring a disbarred attorney. Since disbarred attorneys are prohibited from practicing law, employing them in a legal capacity can lead to several issues:
Legal Violations: The executor may be violating state laws and regulations by allowing a disbarred attorney to perform legal tasks
Estate Mismanagement: Hiring a disbarred attorney could be seen as a breach of fiduciary duty, potentially leading to claims of mismanagement of the estate
Court Sanctions: The court overseeing the probate process may impose sanctions on the executor for such actions
In Tennessee, it is against the law for an executor to hire a disbarred attorney to perform legal services. Disbarred attorneys are prohibited from practicing law, and employing them in a legal capacity can lead to legal violations and potential consequences for the executor
In Tennessee, the relevant statute regarding the employment of disbarred attorneys is found in the Tennessee Rules of Professional Conduct, specifically Rule 5.5. This rule addresses the unauthorized practice of law and states:
"A lawyer or law firm shall not employ or continue the employment of a disbarred or suspended lawyer as an attorney, legal consultant, law clerk, paralegal, or in any other position of a quasi-legal nature"
This means that it is against the law for an executor, or anyone else, to hire a disbarred attorney to perform any legal or quasi-legal tasks.
Sheriff Jimmy Davis stated that Diane’s attorney was a licensed attorney at the time of the Last will and Testament in October 2019. It is illegal for anyone to claim to be an attorney when they are not licensed by the State of Tennessee. Sheriff Jimmy Davis was unwilling to investigate the criminal intent associated with hiring disbarred Attorney Kennedy. Sheriff Davis refused to criminally charge Attorney Kennedy with practicing law without a license.
Loudon County Sheriff Jimmy Davis stated that the lawyer hired to execute my mother’s new Last Will and Testament was not under suspension. In fact, he was suspended multiple times both before, during, and after my mother’s Last Will and Testament was executed in 2019. The Tennessee Bar has permanently taken his license after the third suspension. Sheriff Jimmy Davis's investigators were incompetent to have stated this directly.
Diane Lee’s Crooked Lawyer Scammed Beatrice Horion at new Last Will and Testament on October 26, 2019!
Tennessee Bar Association Rap Sheet Below;
Name: James Lester Kennedy
2500 Anderson Road, Knoxville, TN 37921
Disbarred – Permanent (1/7/2021)
Office County: Knox Licensed in TN Since :1977
Law School: University of Tennessee – College of Law
Informational Releases for Public Discipline:
01/07/2021 Order of Enforcement – Permanently Disbarred
07/31/2020 Hearing Panel Judgement -#2109-3055-2-BL
01/22/2020 Knox County Lawyer Suspended
01/22/2020 Order of Enforcement – Suspended 2 years consecutive with 3-year suspension of June 5, 2019, Petition for Discipline filed - #2019-3055-2-BL
10/08/2019 Hearing Panel Judgement - #2109 – 2964-2-AW
06/05/2019 Order of Enforcement – Suspended 3 years
06/05/2109 Knox County Lawyer Suspended
02/25/2019 Hearing Panel Judgement - #2018 – 2906 – 2 –AW08/27/2018 Petition for Disciplined Filed - #2018 – 2906 – 2- AW
07/20/2017 Knox County Lawyer Suspended
07/20/2017 Order of Enforcement – Suspended 1 Year
* Beatrice Horion had been diagnosed with aggressive dementia six years prior to her signing the most recent Last Will and Testament in 2019.
Allegations are meant to be dismissed once a proper investigation is completed.
Since no investigation was conducted the only speculation is from the Loudon County Sheriff’s office.
Fraud Abounds When an Elderly Person Has Mental Health Challenges!
Beatrice Horion Was Reportedly Diagnosed with Aggressive Dementia Ten Years Before her Death in 2024.
What were the Issues she struggled with in 2019 at the time of her Last Will and Testament?
Susan Ross stated that my mother, Beatrice Horion was introducing my nephew Kyle Ross as her son during this period of time. My nephew is thirty years younger than me, and we do not share a passing resemblance to each other. This is the woman declared to be mentally capable of initiating and fully comprehending a revised new Last Will and Testament.
Additionally, having witnesses and a video recording of the signing process can help support the validity of the will. The District Attorney and Sheriff in Loudon County wanted me to produce a video of myself and my mother. They never suggested my sister has a video of the signing of the Last Will and Testament from October 2019.
Loudon County Sheriff’s Investigators did not conduct an investigation of the mental health of Beatrice Horion at the time of her signing the new Last Will and Testament. The lack of evidence noted above suggests that a review of documents and interviews of attending physicians was not conducted. The sheriff’s investigators are drawing conclusions without any investigation of Beatrice’s mental health when the new Last Will and Testament was signed.
A criminal investigation involves speaking with Beatrice Horion’s health care providers, reviewing medications, and determining her ability to comprehend complex contracts. It seems obvious that they did no investigation into Beatrice’s ability to comprehend complex contracts.
It is not the family member’s responsibility to provide medical documentation to prove my mother’s mental capacity at the signing of her new Last Will and Testament. Diane Lee has refused to provide any medical documents despite legal subpoenas requesting this information. The Sheriff’s Department is drawing conclusions without any information at all. The Sheriff’s Department refused to conduct a proper investigation.
A 91-year-old dementia patient may experience a variety of medical conditions, often related to both aging and the progression of dementia. Some common conditions include:
Alzheimer's Disease: The most common cause of dementia, leading to memory loss, confusion, and changes in behavior.
Cardiovascular Issues: Conditions such as hypertension, heart disease, and stroke are prevalent in older adults
Respiratory Illnesses: Increased susceptibility to infections like pneumonia, flu, and other respiratory conditions
Dehydration: Due to reduced fluid intake or increased fluid loss, which can exacerbate cognitive symptoms
Falls and Fractures: Higher risk due to weakened bones and impaired balance
Constipation or Diarrhea: Changes in bowel habits, often due to diet, medications, or reduced mobility
Urinary Tract Infections (UTIs): Common in older adults and can cause confusion and agitation
These conditions can significantly impact the quality of life and require careful management and monitoring.
Beatrice Horion suffered incontinence later in life. When a dementia patient loses control of their bowel movements, it can be accompanied by several additional symptoms and complications:
Urinary Incontinence: It is common for bowel incontinence to be accompanied by urinary incontinence, leading to double incontinence
Skin Irritation: Frequent incontinence can cause skin irritation, rashes, and sores, particularly in the genital and buttock areas
Increased Confusion: Episodes of incontinence can lead to increased confusion and agitation, especially if the person is aware of the accidents
Dehydration: If the incontinence is due to diarrhea, there is a risk of dehydration, which can further impact cognitive function
Infections: There is a higher risk of urinary tract infections (UTIs) and other infections due to prolonged exposure to moisture and bacteria
Constipation: Alternating between constipation and incontinence can occur, especially if the person has a poor diet or is on certain medications
Managing these symptoms often requires a comprehensive care plan, including regular medical check-ups, proper hygiene practices, and dietary adjustments.
For a 91-year-old person with aggressive dementia, several types of medications may be prescribed to manage symptoms. Here are some common medications and their potential side effects:
- Antipsychotics: These are often used to manage aggression, agitation, and psychosis.
- Examples: Risperidone, Olanzapine, Quetiapine.
- Side Effects: Increased risk of falls, sedation, weight gain, diabetes, and cardiovascular issues
- Benzodiazepines: Used for anxiety and agitation.
- Examples: Lorazepam (Ativan), Diazepam (Valium), Alprazolam (Xanax).
- Side Effects: Sedation, dizziness, increased risk of falls, confusion, and potential for dependence
- Antidepressants: Sometimes prescribed to manage mood disorders associated with dementia.
- Examples: Sertraline, Citalopram.
- Side Effects: Nausea, dry mouth, dizziness, and increased risk of falls
- Cholinesterase Inhibitors: Used to improve cognitive function.
- Examples: Donepezil, Rivastigmine, Galantamine.
- Side Effects: Nausea, diarrhea, insomnia, and muscle cramps
- NMDA Receptor Antagonists: Used to manage moderate to severe dementia symptoms.
- Example: Memantine.
- Side Effects: Dizziness, headache, confusion, and constipation
Coercion is inherent in the scenario of bringing a dementia patient to a location to meet with a lawyer and others for an event in her honor. My mother was aware of the nature of her disease and dependent on keeping her last child in her life. Sue Ross explained that Diane boasted of her ability to get my mother to sign anything put in front of her.
Coercion must be clearly demonstrated to establish exploitation under TCA 39-15-502. Since the Loudon County Sheriff’s office does not refer to any investigation into my mother’s medical situation it is impossible to express an educated review of the situation. The Sheriff’s Investigators did not interview qualified professionals involved in her care. No contact was made with her attending doctors, assisted care personnel, video of her in the last years of her life, or confirmation of her anguish about being incarcerated. This lack of effort to gather evidence leaves the Loudon County Sheriff’s Department conclusions devoid of any meaningful credibility.
In Tennessee, if an executor exerts undue influence over a dementia patient to sign a last will and testament, several legal issues can arise:
*Undue Influence: This is legal ground for contesting the validity of a will. If it is proven that the executor used undue influence, the will can be declared invalid. The key elements include a confidential relationship between the executor and the testator, the testator's weakened mental state, and suspicious circumstances surrounding the will's creation
*Fraud: If the executor deceives the testator into signing the will, it can be considered fraud. This involves intentionally misleading the testator about the nature or contents of the document
*Breach of Fiduciary Duty: Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. Exerting undue influence violates this duty and can lead to legal consequences, including removal as executor and potential civil liability
*Elder Abuse: Depending on the circumstances, exerting undue influence over a vulnerable adult, such as a dementia patient, could be considered a form of elder abuse. This can lead to criminal charges and penalties
A dementia patient's ability to manage their own finances depends on the stage and severity of their condition. Early in the disease, they might still handle basic financial tasks like paying bills, but as dementia progresses, managing more complex financial matters becomes increasingly difficult
Common signs that a dementia patient is struggling with finances include:
- Trouble counting change or paying for purchases.
- Difficulty balancing a checkbook or understanding bank statements.
- Unopened or unpaid bills.
- Unusual spending patterns or missing money
It is important for family members or caregivers to monitor the patient's financial activities and step in when necessary to prevent financial abuse or mismanagement. Setting up legal arrangements like a durable power of attorney can help manage their finances responsibly
A 91-year-old patient with aggressive dementia is not considered capable of managing their own finances. Dementia, especially in its advanced stages, significantly impairs cognitive functions such as memory, judgment, and decision-making
This makes it difficult for the person to handle financial tasks like paying bills, balancing a checkbook, or making informed financial decisions
In such cases, it is advisable to establish legal arrangements like a durable power of attorney, where a trusted individual can manage the patient's finances responsibly
This helps protect the patient from financial mismanagement and potential exploitation.
2. Exploitation: This refers to the improper use of funds, property, or assets of the elderly or vulnerable person.
My family went out and bought expensive new homes to make it hard for anyone contesting the will to collect on a judgement from the court. Collecting from various beneficiaries in three different states and four different counties make it expensive and costly to pursue money from these thieves. This spending occurred while my mother was alive and being forced to cry every day about her incarceration in an assisted living facility.
An executor cannot disburse estate assets, such as savings, pension funds, stocks, and cash, before the person's death. The role of an executor only begins after the death of the individual, and their responsibilities include managing and distributing the estate according to the will or state.
At the time of my mother’s death, Sue Ross told me that all my mother’s assets had been disbursed. The last remaining assets were in the trust holding the proceeds from the sale of my mother's home. The money sue and Diane were arguing over did not add up to the amount of money received from the sale of my mother’s home.
Timeline of Beneficiary Mortgage Activity
Laurier & Beatrice Horion, 114 Tooweka Circle, Dates at Location 03/01/1989, No Mortgage
My parents paid cash for their home in Tellico Village.
*Michael Lee, 8708 Mill Run Drive, February 26, 1993, down Payment $11,569, Purchase Price $95,358
*Michael & Diane Lee, 8708 Mill Run Drive, August 31, 1995, Purchase Price $95,358 First Tennesse Bank National, Fixed Rate Mortgage, Mortgage $40, 090, Vesting Change
*Beatrice Horion, February 01, 2006, Deed of Trust, $50,000 Line of Credit, 114 Tooweka Circle, Loudon, TN
This line of credit was taken out at the same time as a new car was purchased. My mother had a car that she purchased at the time of my father's death in 2002. The first and second car were sold while my mother was in an assisted living facility. The real question is the date when my mother was forced to relinquish her driver's license due to her dementia diagnosis. Diane and Michael Lee used her vehicles as their own. My mother paid for their transportation expenses for over a decade before her death.
* Michael & Diane Lee, 8708 Mill Run Drive, February 5, 2021, $60,448 Mortgage, $155,000 Line of Credit, Wells Fargo Bank, Sioux Falls, SD, $150,000 Revolving Line of Credit
Diane Lee needed an influx of credit to pay for her poor money management. Sue Ross suggested Diane and Michael purchase an additional home during this time.
*Diane Lee, Beatrice O. Horion Revocable Trust, Revocable Trust December 2021
Beatrice Horion, Dates at Location 11/09/1990 to 10/24/2022
Diane Lee set up this trust for the proceeds from the sale of my mother's home. The trust is in her name and exclusive control. The goal was to give herself the power to give herself more money than she deserved. Sue said the dispersal of these funds was held up until she agreed to less than she deserved. Diane has refused to share any information on this trust despite repeated requests including official subpoenas. The Sheriff did not investigate this trust activity before deciding to suggest nothing to see here.
*Taylor Lee, Purchased Home, 2/18/2022, Estimated Value $696,800
Diane Lee’s only child buys himself a new home.
*Kyle Ross, Purchased Home July 7, 2023, Estimated Value $717,000
Susan Ross’s youngest son buys himself a new home.
*Susan Horion Ross, Purchased New Home July 7, 2023, Value Undisclosed
Susan Ross buys herself a new home on the same day as her son, Kyle Ross buys a new home.
*Ian Ross Purchased new Home, August 2023, Estimated Value $400,000
Susan Ross’s eldest son, Ian Ross, buys himself a new home one month after his mother and brother bought themselves new homes.
*Diane & Michael Lee, August 28, 2023, Sold Property $420,000, 8708 Mill Run Drive
Diane sells her home for the big move to Tellico Village.
*Michael & Diane Lee, August 23,2023, 122 Tahlequah Lane, Purchase Date, Purchase Price $500,000
Diane Lee sells Beatrice Horion’s home and moves to Tellico Village. She wanted to clear the proceeds from my mother’s home so she would not have to buy out her fellow beneficiaries.
*Michael & Diane Lee, 122 Tahlequah Lane, Residential Line of Credit $120,000, November 07, 2023
Diane needed to access more credit to support her lifestyle immediately after buying her new home in Tellico Village. Her financial mismanagement needs more borrowing to support her new lifestyle in Tellico Village.
July 14, 2024 – Property Report for 114 Tooweka Circle, Loudon, TN 37774 Estimated Value - $587K- 599K
Diane Lee needed more money than she could steal to finance her new lifestyle. She needed an additional $120,000 line of credit three months after buying her new home in Tellico Village. Diane needs to borrow from her equity to finance her lifestyle
Diane Lee set up a trust to put the proceeds of the sale of my mother’s home under her control. She has refused to open the trust account to scrutiny despite numerous requests including court approved subpoenas. She has tried to force Susan Ross to accept a reduced settlement figure, otherwise she threatened to spend all the money over the next five years.
The financial transactions noted above disbursed significant money including all available pension funds, cash on hand, physical assets, and real estate prior to my mother’s death. My family members purchased new homes totaling approximately $3,000,000 before my mother’s death. The disbursed asset recovery will involve civil lawsuits in three different states and four different counties. The fraud involved is so blatant that the only thing holding this together is the lack of competent action by the criminal justice system.
Beatrice Horion’s identity seems to have been used for her income and credit to qualify Diane Lee for a number of financial transactions. My mother did not live at several addresses shown in her background check. Diane claimed my mother’s identity for her personal benefit. I have asked for a copy of Beatrice Horion’s credit report to confirm my suspicions. Diane has refused to provide this information.
Beatrice had advanced dementia without a driver's license. She was incapable of living in multiple locations. Sue Ross told me that my mother only lived at her residence on Tooweka Circle or in an assisted living facility. My mother’s background check can be verified at the link below.
NAME: BEATRICE O HORION
DATE OF BIRTH:1928
AGE:95 YEARS OLD (DECEASED 2024)
DATE OF DEATH:03/05/2024
GENDER: FEMALE
Official Records Show My Mother Living at Princess Di's home in Knoxville and Loudon County. Saint Sue told me this never happened.
PREVIOUS ADDRESSES
Diane Lee’s Home Address:
8708 MILL RUN DR KNOXVILLE, TN 37922
MOST RECENT OWNER OR RESIDENT
Beatrice Olive Horion
95 Years Old (Deceased 2024)
Dates at Location: 09/15/2011 to 04/19/2024
Beatrice was in a nursing home during this period or at her home in Loudon County.
8708 Mill Run Dr Knoxville TN 37922 - Owners, Taxes, Deeds, Records, Permits (onlinedatareports.com)
Diane Lee’s New Home Address in Tellico Village shows my mother lived with Diane during the period when she was in an assisted living facility. Diane was applying for a new line of credit for this home during this period.
122 Tahlequah Ln
Loudon TN 37774
(Loudon County)
Beatrice Olive Horion
95 Years Old (Deceased 2024)
Dates at Location: 11/01/2021 to 11/02/2023
Beatrice was in a nursing home during this period.
122 Tahlequah Ln Loudon TN 37774 - Owners, Taxes, Deeds, Records, Permits (onlinedatareports.com)
Beatrice O Horion
114 Tooweka Cir
Loudon TN 37774 (Loudon County)
Beatrice's Real Home Address
- 2006 - 2021
- Beatrice O Horion
- Date of Purchase January 2006, this date represents the period when a line of credit against my mother’s home. My parents would be highly unlikely to put their home at risk by borrowing against it. This credit line was taken out at the same time my mother bought a second car. Diane could have bought herself a car for her use on my mother’s credit or money or both.
114 Tooweka Cir Loudon TN 37774 - Owners, Taxes, Deeds, Records, Permits (onlinedatareports.com)
3. Position of trust or confidence: The alleged offender must have a
relationship of trust or confidence with the victim, such as a family
member, legal representative, or caregiver.
Beatrice Horion gave Diane Lee full control over her finances after the death of my father in 2002. Sue Ross stated that our mother was incapable of balancing a checkbook. Sue stated that my father managed their money affairs with no input from my mother. This narrative is completely different than my recollection. My mother was a bookkeeper when she met my father. None of this story rings true. I personally saw my mother balancing our family checking account as a child.
Misuse Of Estate Assets for Personal Benefit
- Diane shared pictures on her Facebook page from her extensive tour across Europe in July 2022. Diane is reputed to have placed my mother in an assisted living facility my mother described as incarceration around the same time. This extensive vacation could have been financed with funds from Beatrice Horion’s wealth. Sheriff Jimmy Davis did not even investigate this trip to see if Diane was using her position as executor to swindle my mother’s estate. Diane has refused to release any financial documents without a court order.
- Opening an overseas numbered bank account normally requires an in person visit to the relevant bank. Diane Lee may have traveled to Europe to open a numbered account once she took complete control of Beatrice Horion’s finances with no oversight by my mother.
- In Tennessee, if an executor misuses estate funds for personal expenses, this is considered a breach of fiduciary duty. Beneficiaries or interested parties can take legal action against the executor. The statute of limitations for such actions is one year from the date the breach was discovered. It is imperative to locate and report any bank accounts, both foreign and domestic, in Diane or Michael Lee’s name. It is equally important to disclose any businesses receiving real estate funds.
- A person with a power of attorney (POA) can manage the principal's funds, but they cannot use these funds for their own personal benefit unless explicitly authorized in the POA document. The agent under a POA has a fiduciary duty to act in the best interest of the principal, meaning they must manage the funds responsibly and solely for the principal's benefit. Tennessee has criminal laws that can apply to violations by an executor. If an executor misappropriates estate funds or commits fraud, they can face criminal charges such as theft, embezzlement, or fraud. These charges can lead to profound consequences, including fines and imprisonment.
- Beneficiaries can sue the executor of an estate if they believe the executor has breached their fiduciary duties. Common reasons for suing an executor include:
- Misuse of estate funds for personal benefit.
- Failure to act in the best interest of the beneficiaries.
- Negligence in managing the estate's assets.
- Failure to distribute assets according to the will or state law.
- An executor cannot disburse estate assets, such as savings, pension funds, stocks, and cash, before the person's death. The role of an executor only begins after the death of the individual, and their responsibilities include managing and distributing the estate according to the will or state.
4. Deception or coercion: The exploitation must involve either
deception (misleading or lying to the victim) or coercion (forcing
the victim to do something against their will).
- Loudon County Sheriff Jimmy Davis stated that the lawyer hired to execute my mother’s new Last Will and Testament was not under suspension. In fact, he was suspended multiple times both before, during, and after my mother’s Last Will and Testament was executed in October 2019. The Tennessee Bar has permanently taken his license after the third suspension.
Diane Lee’s Crooked Lawyer Scammed Beatrice Horion at new Last Will and Testament on October 26, 2019
Notary Public Has Limited Skills and Powers!
- A notary public is not competent to assess the mental health of a person signing a last will and testament. While a notary public can witness the signing of a will and ensure that the signer is signing willingly and understands the document, they are not qualified to make a formal assessment of the signer's mental capacity. The assessment of mental capacity is typically done by a medical professional or a court. If there are concerns about the mental capacity of the person signing the will, it is advisable to seek a formal evaluation from a qualified professional to ensure the validity of the document. When a person with dementia is signing a last will and testament in Tennessee, a notary public has several important duties to ensure the process is handled correctly and ethically:
- Verify Identity: The notary must confirm the identity of the signer through valid identification
- Assess Willingness: The notary needs to ensure that the signer is willingly signing the document and is not under any duress or undue influence
- Evaluate Awareness: The notary must determine that the signer understands the nature and significance of the document they are signing
- This can be challenging with individuals who have dementia, so the notary should be particularly vigilant.
- Refuse Notarization if Necessary: If the notary believes that the signer does not understand the document or is not signing willingly, they have the duty to refuse to notarize the document
- It is important for the notary to conduct the notarization at a time when the signer is most cognitively aware and to meet with the signer privately to ensure there is no external pressure
- A notary public is not considered competent to testify about the mental state of a dementia patient signing a last will and testament in Tennessee. While a notary can observe and attest to the apparent willingness and awareness of the signer at the time of notarization, they are not trained medical professionals and lack the expertise to make a formal assessment of mental capacity.
- If there are concerns about the mental state of the person signing the will, it is advisable to seek an evaluation from a qualified medical professional. This can help ensure the validity of the document and provide a more reliable assessment of the signer's mental capacity
- Given the complexities involved with dementia, it is advisable for the executor to be transparent with the notary about the signer's condition. This helps the notary make an informed decision about whether to proceed with the notarization. If the notary has any doubts about the signer's mental capacity, they have the duty to refuse to notarize the document.
- In Tennessee, the spouse of the executor can legally serve as a witness to the signing of a last will and testament. However, it is recommended that witnesses be "disinterested" parties, meaning they should not have a direct interest in the estate
- While having the spouse of the executor as a witness does not invalidate the will, it is advisable to choose witnesses who do not have any potential conflicts of interest to avoid any complications or challenges to the will's validity
- Having interested witnesses—those who stand to benefit from the will—can pose several risks:
- Challenges to the Will: The presence of interested witnesses can lead to challenges during probate. Other beneficiaries or heirs might argue that the will was signed under undue influence or coercion
- Void Gifts: In many areas, including Tennessee, if a beneficiary serves as a witness, their gift under the will may be void unless there are at least two other disinterested witnesses.
- Perceived Bias: The involvement of interested witnesses can create a perception of bias or unfairness, potentially leading to disputes among heirs.
- Legal Complications: The will might face additional scrutiny, and the probate process could become more complicated and prolonged.
- To avoid these risks, it is advisable to use disinterested witnesses who have no stake in the will's provisions. Michael Lee has been given the power of being a backup estate manager in the event of Diane’s death. He was also one of the witnesses. Crooked Lawyer joins Executor in keeping everyone from revealing the information hidden.
Sheriff Jimmy Davis suggested that there was no problem with the notary process. The notary was not interviewed to ascertain her knowledge of my mother’s mental capacity. She was working with a crooked attorney and a single witness to sign off on this document. Sheriff Davis does not appear to have questioned the notary in detail about the signing of the Last Will and Testament. An investigation involves interviewing witnesses. It is obvious that no direct testimony was gathered by investigators.
Sheriff Davis declared that “family disputes do not constitute criminal activity.”
My dispute with my family began when I came out publicly about my mother’s history of forcing me to date her cousin Father Francis Talbot from the age of 7 to 11 years old. Her failure to protect was not deliberate but the effects were lifelong for me. Shortly after my father’s death, I became aware of another victim of my abuser was trying to get a civil settlement and criminal charges against our abuser. I decided to come out publicly to support this survivor. Our efforts eventually forced him to admit his guilt and go to prison as a child molester. My decision to go public was the reason for the strain in my relationship with my family.
Beatrice accused me of ruining the family name with my public statements in our hometown newspaper. She stated that her decision to place me regularly in the company of her cousin never happened. Sue Ross told her that my recollections were accurate.
My mother sent Michael Lee to visit me in Georgia to ask me to stop my efforts to help other survivors since it made her uncomfortable. I told Michael that I was in a suicidal depression since learning the number of victims Talbot molested due to my silence about his behavior with me. I told him the only chance I had to survive was to pay a penance for my silence.
No one in my family has contacted me in twenty years. No one in my family donated $1 or one hour of labor to my nonprofit organization helping victims of child sex crimes with rescue horses and dogs since August of 2003. My efforts to survive the years of helping survivors of child sex crimes with rescue horses happened with help from strangers and supporters for twenty-two years.
I did not walk away from my family; they abandoned me at the lowest time of my life. My current efforts are not about money but justice. It is important to close this chapter with my family as a cautionary tale for every survivor of childhood sex crimes.
This case is not a family dispute. It is a search for the truth. I began this discussion with Sue Ross when she notified me about my mother’s death. I told Sue of my willingness to let her take the lead on getting answers about our mutual concerns. It was obvious that Sue started lying to me immediately. A simple publicly available background check brought out additional questions that refuted numerous statements that she had made to me in two phone calls.
Sue told me about provisions in my mother’s Last Will and Testament that later proved to be incorrect. She stated that she had not seen the Will in question. One phone call to Loudon County gave me access to my mother’s Last Will and Testament submission. I contacted the attorney of record to understand the reason he had not forwarded my copy directly as legally required by Tennessee law. Attorney Frye stated that he was two weeks behind in sending me my copy.
Sue told me that my mother cried every day for the last two years of her life. She stated that my mother felt like she had been incarcerated at the assisted living facility. None of this behavior surprised me in the least. I told my father that I would eventually be disowned if Diane was the executor of his estate.
It is not surprising that Diane took advantage of my mother’s trust at the end of her life. It was not surprising that Diane went to great lengths to make it exceedingly difficult for me to contest the Will. The only thing surprising is my willingness to seek the truth and publish the details of this fraud publicly. No one looked at my missionary work over the last twenty years to envision my reaction to their behavior.
It became obvious to me that answers to my concerns needed to be addressed by me contesting the Last Will and Testament. Since August 2003, I have been an advocate for victims of child sex crimes. During this journey, I always discussed the possible ramifications of a survivor coming out publicly against their abuser. I told every survivor that it may result in their losing any relationship with their family as happened in my case. The last chapter in this saga is happening right now. It is important for survivors to understand the ramifications of coming out against their abuser. It is even more important to understand the drama involved with family seeing you as weak, destitute, and broken.
Sheriff Davis mentioned my lack of communication with my family as a crucial aspect of their walking away from obvious financial crimes. The truth is that my lack of involvement in this process gives me immunity from any criminal or civil liability for this nonsense. The reason for a comprehensive investigation is to separate fact from fiction.
I am incredibly careful not to make unfounded accusations since it would be an excuse to invalidate all the actions for every survivor that I have or will represent in my missionary work. The accusations against my family need to be addressed with real facts and not speculation. The only people making speculative discussions are the public employees of Loudon and Knox Counties. My efforts to seek the truth are the real problem for the hired help in this case.
People committing numerous felony level financial crimes have nothing to do with family conflicts. My family’s actions need to be addressed in circuit court as well as criminal court. Criminal activity is addressed as the State of Tennesse versus Diane Lee. My efforts in circuit court have been on hold for months while the hired help bungled the criminal investigation through lack of effort and investigative hours. My efforts to get to the truth have nothing to do with holding criminals responsible for their actions. Your excuses about your lack of competent investigative work are completely different from my efforts in circuit court.
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