LETTER: Attorney writes son is not swindling parents
Mon, 02/27/2012
I am deeply disappointed in the Highline Times. The Feb. 17, 2012, edition carried a story with the caption, “Son swindles elderly couple out of their home” as the second item in the Police Blotter section.
Background: Elmer and Jo Hautala owned a house in Shorewood. As part of their estate planning I helped them put the house into a trust in the late ‘90s.
Under the terms of the trust, they would live in the house as long as they wanted, and when they no longer needed the house their son, Ray would get it, on the condition that he pay a specified amount to his brother and sister.
A few years later, Elmer and Jo were finding it increasingly difficult to keep up the house and Elmer came up with the idea of building a second house (ADU) behind the main house, where Elmer and Jo lived, while Ray moved into the main house.
Elmer and Ray got the ADU built. Elmer and Jo moved into the ADU. Ray and his family moved into the main house.
At the same time, Elmer wanted to take the house out of the trust so it could conveyed to Ray in order to make it easier to finance construction of the ADU.
Elmer, Jo, Ray and his brother and sister, all signed off on a deed transferring ownership to Ray, and an agreement under which Ray would pay his brother and sister.
As I learned later, Ray's son, Jeffrey, insinuated himself with his grandparents, getting them to pay his debts and give him money. About two years ago, Elmer and Jo moved out of the ADU because of their health.
They had no more money to give Jeffrey and he apparently learned that they did not own the house anymore. Jeffrey then started a court case against Ray to reclaim the house. Elmer came to me at that time, concerned that things were being done in his name that he did not agree with.
When I raised a question as to the fact that Mr. Wax (Jeffrey's friend and attorney) had filed documents claiming to represent Elmer even though he had never met or spoken to Elmer, the other side (Jeffrey, Jo and Wax) attempted (unsuccessfully) to have Elmer declared incompetent through an involuntary mental commitment.
Having failed in that effort, they have isolated Elmer. The degree and nature of that isolation can be seen in the declaration of Mr. Longyear that was filed after he was appointed to represent Elmer.
If your reporters had made even a little effort to look into the accusation they would have found some 20 months of litigation files and records showing that the version being spewed out by the Hautala's grandson is inaccurate dishonest.
Now that the court case is nearing its end, and it is becoming increasingly obvious that his effort to take his father’s house will fail, he is mounting a media campaign.
Gerald F. (Jerry) Robison
Burien