Chapter 19
They appear to believe that the trust holds assets belonging to Benjamin.”
“How could they believe that?”
“Because someone provided them with a copy of a draft document that appears to suggest Benjamin has a beneficial interest in your home.”
My blood ran cold.
“A draft of what?”
“An unsigned proposed amendment to the estate plan.
It was never executed.
It would have given Benjamin certain rights to occupy the house under specific circumstances, but it did not transfer ownership.”
I gripped the edge of the chair.
“Who gave them the document?”
“We don’t know yet.
The creditor’s attorney has agreed to provide a copy of the materials they received.”
I stared at the yard.
“Could Benjamin have given it to them?”
“It’s possible.”
I closed my eyes.
After everything we had discussed, after the promises he had made, I had hoped he would understand the boundary.
“Richard, I need the truth.”
“So do I.”
He paused.
“There’s another issue.
The creditor’s attorney says the document was accompanied by a letter describing your home as an asset Benjamin expected to inherit.”
The wind moved through the bare branches.
I remembered the way my son had stared at the briefcase when he arrived at my house.
I remembered his warning that I should not do anything I might regret.
I remembered his question about the trust.
A terrible thought formed.
“Richard, is there any chance Benjamin could have been planning to use my house as collateral?”
“Not legally, without your consent.
But he may have represented that he expected to inherit it.”
I felt sick.
“Can he do that?”
“He can make a claim.
Whether anyone believes it is another matter.”
“What happens now?”
“The creditor may pursue Benjamin’s personal assets.
We need to ensure your property is not mistakenly included in any proceedings.”
I stared at the house around me.
Thomas and I had bought it when Benjamin was six.
We had painted the living room ourselves, arguing over whether the walls should be cream or pale yellow.
We had planted the maple tree together.
We had measured Benjamin against the kitchen doorframe every birthday until he was taller than both of us.
The house held nearly fifty years of our lives.
I had never thought my own son might place it at risk to escape his debts.
“Do whatever you need to do to protect the property,” I said.