My Son Sued To Declare Me Mentally Incompetent To Steal My Estate. He Didn’t Know I Had Proof His Wife Was Having An Affair. Should I Reveal Everything In Court?
But sitting in Eleanor’s rose garden the night after that first day in court, I remembered. Suddenly, everything made sense.
Vanessa wasn’t worried about my health; she was worried about my inheritance. More specifically, she was worried about what would happen when Daniel inevitably discovered her affair.
In a divorce, my assets wouldn’t be on the table. But if Daniel controlled my estate before that divorce happened, she would be entitled to her share of community property.
She was using my son to steal from me so she could steal from him. I stayed up all night thinking about what to do.
Part of me still hesitated. Using that photograph would hurt Daniel; it would destroy his marriage, upend his children’s lives, and expose his wife for what she was.
But then I thought about my grandchildren: Emma, whom I hadn’t seen in almost a year; Michael, who was 14 and learning to build things with his hands just like his grandfather; and little Sophie, who was only nine and still believed the world was fair.
I thought about what would happen if Daniel succeeded. They would put me in some facility, sell my house, and divide Eleanor’s rose garden into building lots.
Everything we had built would be erased. And for what? So Vanessa could fund her escape with a man from Texas.
By morning, I had made my decision. The second day of the hearing began with Daniel on the witness stand.
His attorney walked him through his testimony with practiced ease. Daniel spoke about his concern for my welfare, about the difficult decision to seek guardianship, and about how much he loved me and only wanted what was best.
He was convincing, I’ll give him that. There were moments when even I almost believed him.
When it was Patricia’s turn to cross-examine, she started slowly. She asked about our relationship before Eleanor’s death.
Daniel spoke warmly about holiday gatherings, fishing trips, and working together at Mitchell Construction during his college summers. Then she asked about our relationship after Eleanor’s death.
Daniel’s answers became more careful. He mentioned that I had seemed withdrawn and that I had difficulty accepting help.
Then Patricia asked about the grandchildren. Why had Daniel restricted my contact with Emma, Michael, and Sophie?
Daniel shifted in his seat. He said it was for their protection.
He said,
“He didn’t want them to be upset by seeing their grandfather decline.”
Patricia nodded sympathetically. Then she asked about Daniel’s marriage.
Warren Burke objected immediately. He said it wasn’t relevant to the guardianship petition.
Judge Helinger sustained the objection, but the seed was planted. I saw Vanessa stiffen in the gallery.
Patricia continued with questions about finances. She asked Daniel to explain why he believed I was incapable of managing my own money.
Daniel cited the church donation again. He mentioned that I had refused to add his name to my bank accounts.
Refused to add his name to my bank accounts? It was as if a man had no right to maintain control of his own finances.
Patricia asked whether Daniel stood to benefit financially from the guardianship. Daniel admitted that he was my sole heir but insisted that money was not his motivation.
Then Patricia asked the question that changed everything. She asked Daniel whether his wife had ever expressed interest in my estate.
Warren Burke exploded with objections. Daniel’s face went pale.
In the gallery, Vanessa was gripping the seat in front of her with white knuckles. Judge Helinger overruled the objection.
She told Daniel to answer the question. Daniel said,
“No.”
He said Vanessa had never expressed any particular interest in my estate. He said she was just a concerned daughter-in-law who wanted to see me properly cared for.
Patricia thanked him and said she had no further questions. I knew what was coming next; we had planned it the night before.
After I showed Patricia the photograph, she had looked at me for a long moment then asked if I was prepared to use it. I told her I had prayed about it.
I told her I believed the Lord had given me that photograph for exactly this moment. Patricia called me to the witness stand.
I walked slowly, deliberately—not because I was feeble, but because I wanted every eye in that courtroom on me. I wanted them to see a man who was clear-eyed and steady, a man who had built 3,000 homes with his own two hands, a man who was nobody’s fool.
I sat down and placed my hand on the Bible. I swore to tell the truth, the whole truth, and nothing but the truth, so help me God.
And I meant every word. Patricia’s questions were simple.
She asked about my daily routine, my health, and my mental acuity. I answered clearly and completely.
I mentioned my volunteer work, my woodworking classes, and my Sunday school teaching. Then she asked about my relationship with my son and his wife.
I took a deep breath. I looked at Daniel, then at Vanessa, and then I looked at the judge.
I told her everything. I told her about Daniel’s visit after Eleanor’s funeral, the papers he brought, and the memory care facilities he mentioned.
I told her about the lawyer’s letter, the refused phone calls, and the grandchildren I hadn’t seen in almost a year. And then I told her about September.
Warren Burke objected when I mentioned driving to Des Moines. He objected when I mentioned seeing the black Mercedes.
He objected when I mentioned watching someone come out of my son’s house. Judge Helinger overruled every objection.
Her eyes had narrowed; she was listening intently. I described what I saw that Tuesday afternoon.
I described Vanessa on the porch with a stranger, the way they stood together, and the kiss. The gallery erupted.
Someone gasped. I heard Vanessa say something sharp, but I couldn’t make out the words.
Judge Helinger called for order. Then Patricia asked if I had any evidence to support my testimony.
I reached into my jacket pocket and pulled out a printed copy of the photograph. I had made several copies the night before just in case.
Patricia submitted it as evidence. Warren Burke practically leaped out of his chair.
He demanded to see it, demanded to know where it came from, and demanded that it be excluded. But it was too late.
Judge Helinger was already looking at the photograph. I can still see the moment she understood.
Her eyes moved from the photograph to Vanessa, then to Daniel, then back to me. Something shifted in her expression, something that looked like recognition.
She asked if the woman in the photograph was the respondent’s daughter-in-law. I said,
“Yes, your honor, that’s Vanessa Mitchell, and the man she’s kissing is not my son.”
That’s when Vanessa screamed. It wasn’t a scream of fear exactly; it was a scream of rage.
She stood up in the gallery and started shouting that I was a liar, that the photograph was fake, and that I had manipulated everything. But Daniel wasn’t looking at me anymore.
