Chapter 7 - The Depositions

The legal machinery of Daniel’s desperation didn't grind to a halt just because his life had fallen apart. If anything, his bankruptcy and upcoming divorce made him more litigious. In his mind, my money remained the only life raft in a sea of his own making.
In mid-May, Mr. Greene called me into his office.
"Daniel’s attorney has filed a formal petition contesting your capacity," Mr. Greene said, his tone matter-of-fact as he adjusted his glasses. "They are claiming 'undue influence' by me and 'diminished capacity' on your part. They’ve scheduled a deposition for next Thursday."
I sat across from him, my hands folded on my lap. "A deposition? In your office?"
"Yes," Mr. Greene replied. "It’s a standard procedure. We’ll have a court reporter here, and their attorney will question you under oath. I will be right beside you. I’ve already submitted your medical clearance from Dr. Chen and Dr. Aris, but Daniel's lawyer, a man named Henderson, is going to try to rattle you. He wants to make you look confused, forgetful, or unstable on the record."
"He’s welcome to try," I said.
The following Thursday was a bright, humid morning.
I wore my best navy blue pantsuit—the one I had bought for Robert’s memorial service—and a simple pearl necklace. I looked neat, professional, and entirely in control.
When I entered Mr. Greene’s conference room, Daniel was already sitting at the long mahogany table.
I had not seen him since the night of his arrest in February. He had lost weight, his face looked gaunt, and his cheap suit looked loose around his shoulders. There was a raw, angry energy about him, like a dog that had been cornered for too long.
Beside him sat his attorney, Mr. Henderson—a sharp-nosed man with a sleek leather briefcase and an air of aggressive confidence.
Daniel looked up when I entered. His eyes flared with a brief, desperate hope, but I did not look at him. I took my seat opposite him, next to Mr. Greene.
The court reporter, a young woman with a small stenograph machine, set up her equipment at the end of the table.
"We are on the record," she announced.
Mr. Henderson leaned forward, resting his forearms on the table. He gave me a polite, patronizing smile that made my stomach turn.
"Mrs. Whitaker, good morning," he said. "My name is Richard Henderson, and I represent your son, Daniel. I’m just going to ask you a few questions today to help us understand the recent decisions you’ve made regarding your estate. Are you comfortable?"
"I am perfectly comfortable, Mr. Henderson," I said. "Please proceed."
"Excellent. Let’s start with your medical history. You are seventy-two years old, correct?"
"Yes."
"And you survived breast cancer in 2021?"
"I did."
"During that time, you underwent chemotherapy and radiation therapy. Is that correct?"
"Yes."
"And during that period, your son Daniel managed many of your day-to-day affairs, did he not? He helped with groceries, drove you to appointments, and handled your household management?"
"No," I said, my voice clear and even. "Daniel drove me to three appointments over a six-month period. My sister Linda drove me to thirty-two. Daniel did not buy groceries; I provided him with my credit card to buy groceries for his family, which he charged to my account."
Mr. Henderson cleared his throat, his eyes flicking briefly to Daniel.
"Be that as it may, Mrs. Whitaker, you were in a weakened state. You trusted your son. Now, let’s move to December of last year. On Christmas night, you abruptly left your home of thirty-one years, drove forty miles in a snowstorm, changed all your bank passwords, and cut off your son’s financial support. Do you think that was a rational response to a minor family disagreement?"
"It was not a minor family disagreement," I said. "It was the conclusion of a six-year pattern of financial exploitation."
"Exploitation?" Henderson scoffed gently. "Mrs. Whitaker, your son was your business partner in many respects. He managed the Elmwood property—"
"He did not manage the property," I interrupted. "I paid the property taxes, the homeowners' insurance, and all maintenance costs. Daniel lived in a townhouse thirty miles away, for which I paid the mortgage of twenty-four hundred dollars a month."
"But you promised him that house," Henderson pressed, his tone hardening. "He had a reasonable expectation of inheritance. He made business decisions based on that promise."
"A promise is not a contract, Mr. Henderson," I said. "Especially when the party receiving the promise behaves with such profound disrespect and financial recklessness that the benefactor is forced to reconsider. I am seventy-two, not dead. The money belongs to me, not to Daniel. I have the right to change my mind."
Daniel suddenly slammed his hand on the table.
"Mom, stop it!" he burst out, his voice cracking. "You’re lying! You didn't write those documents yourself! Greene did it! He's taking advantage of you because you're lonely!"
"Mr. Whitaker, please remain silent," Mr. Greene said sharply. "Your attorney is conducting the examination."
"Let him speak, Mr. Greene," I said, turning my head to look directly at my son for the first time.
Daniel stared at me, his eyes wide and desperate.
"Daniel," I said, keeping my voice calm and steady. "I spent forty years running payroll for a major manufacturing firm. I know exactly how to calculate a balance sheet. I have kept every receipt, every bank transfer, and every check you have ever cashed from me. If you want to proceed with this lawsuit, my attorney is prepared to submit a detailed, forensic audit of the two hundred thousand dollars you have taken from me over the last six years."
I leaned forward slightly, looking at him with a pity that was colder than any anger.
"If we go to court, that audit will become a public record. The sub-contractors you owe money to, the clients who are suing you, and the bank foreclosing on your townhouse will all have access to those documents. They will see exactly where your money went. Do you really want to do that?"
Daniel went pale. His mouth opened slightly, but no sound came out.
Mr. Henderson looked at his client, then at Mr. Greene. The confident, aggressive air had completely vanished from his posture.
"We... we would like to take a five-minute recess," Henderson said, his voice dropping an octave.
"Take all the time you need, Richard," Mr. Greene said smoothly.
They walked out of the room. Through the glass pane of the conference room door, we could see Daniel and his attorney standing in the hallway, Henderson speaking rapidly while Daniel shook his head, his face red with frustration.
Ten minutes later, they returned.
Mr. Henderson sat down, cleared his throat, and looked at the court reporter.
"We are withdrawing the petition," he said quietly. "My client wishes to resolve these family matters privately."
I looked at Daniel. He was looking at his hands, his shoulders slumped.
May you like
"Thank you, Mr. Henderson," I said.
I stood up, smoothed my jacket, and walked out of the room. I didn't look back.