nine that's when kelly my client moved in with her mother kind of a safe haven away from mr ferns and and against about the same time that fear of him and i think that the allegations bear out that it was any doctor who actually put it a little bit of extra fear in valerie's mind that if you don't visit harrods from the heart it was corrected i believe into her that it was love a short period of time after that and another issue in this case is whether there was another trust overdrafts due diligence done by mr coffey i'm finding trust no will is grandchild in fact tristen who's the older of kelly's two sons is finished college now and we believe that there is a college fund that valerie had set up and here we really were attempting to get that money for richard that she's recovering kelly lived with her mother for i think it was seventeen years before she passed with kelly during that period of time paying just a record as we have it today was kelly paying expenses while she and the boys were living there in those years when she was helping to take care of valerie she paid her her general expenses i don't know if the record bears out exactly who was paying was but in terms of she did live effectively i guess mortgage free or rent day even though they lived together they were very close of valerie's grew close to their two grandchildren kelly used to take her among you know simple things like the dinner shopping they did a lot of activities together they and i think that she felt she got all that free reign all those years well that's certainly an argument that the pelleas made in this case and i don't disagree with that argument if the trust was drafted leigh run but you know she drafted this thing in two thousand and one now she didn't know at that time that telling me look good for the next you know one thousand five hundred and seventeen years so yes if you can understand how anyone could be a little troubled over the fact that this woman was freely cleared to do what she wanted to work done probably decoration to the house painting and some painter had a conversation with the decision to that kelly and dan getting the house she didn't really care what it looked like or what the paint looked like how how did that come about  that ends in that manner without proper punctuation and just kind of ends halfway through the sentence and it's our position that that leaves that open is a very unique and possible  and her passing seventeen years i ask between the time kelly from maison moved in with her mother and her mother's passing during any point over those fifteen years had valerie kost or not wish to do what she had intended in the two thousand and one for us she could have modified it recognizing this from reasons facts which aren't exactly true but we must just accept them as well play that mr coffin didn't have a relationship with more than he did in fact he did have a relationship with kelly and the problem was he didn't once kelly move did he no longer wish to visit the home and mom didn't want him to visit the home because of the conflict we can be but i don't think there is circumstantial evidence here i mean the evidence that was presented by helen was that dan had gone to his mother's house in the two years prior to the trust being  was is mom was very aware that kelly was living in her home back kelli just moved out of their home about three months ago janet allowed her to live in the home the last three years with three children while this was all years fifteen minutes of fifteen years but she never did because she acknowledged that kelly benefited while she was never a question and that that then would essentially love the playing field by benefiting after her eighteen years or whatever the amount was she has benefited and now it stands to know she didn't but it was only it was only sign true years after she was dead right i understand but what i'm saying is you're saying that the trust is the end all and be all but it doesn't say anything to th fact doesn't it doesn't but i didn't need she was the question and the reality of this is just two years after she had moved in why would it need to now be standing what she knew about helping her daughter well she could have done a number of things she could  may be maybe five and seventy five and eight at the time he could have addressed it through the grandchildren he could have skipped over dan and kelly  and she could have given it directly to the grandchildren but she did she said six percent each child and the rest a damn she never didn't acknowledge her relationship with kelly because in the trust she sa i've got a daughter kelly but she doesn't make any disposition in her favor in fact had there not been able to receive then the next in line would have been sandy c c which with us was her best friend so she wasn't the perspective that she was disinherited kelly until she was gone it was somebody else's problem when she was gone but if she had documents in her house that said i intended to disinherit my daughter who was living with me that might have caused a the reality of it is is what they needed to do was present sufficient allegations to support a claim and in these don't there is no allegation of undue influence there's no allegation that dan's relationship with his moment was  time she drank to a stream for a period of time because of the divorce but she stopped drinking when kelly moved into the house in one thousand nine hundred and ninety there's no allegation whatsoever that dan and dad had some point when he was at the pool served his mom alcohol there no allegation that dan serve his mom alcohol for the station wagon drove her over to design firm for them to execute the trust there's no allegation that dan did anything in relation to the truck whatsoever other than to visit his mom when his sister move in that he doesn't have a close relationship to stop visiting his mom there at the same time the whole fool scenario think of the dangers of the children when as the children get older they have other interests other than visiting between herself and her daughter she was benefiting she wasn't asking for rent because she was benefiting by having her grandchildren in the house and the reality of it is we don't know how they might have reacted had they known that she was saying well you know because you before or after that period of time did her brother come in and take what i think at this point everyone believes to be those legal documents he did and he came in there the allegations are that he came in the house with discussion or anything like between dan and his sister so we don't really know what those documents are the documents just again should we if they maybe in some other litigation involved in this particular  right because of what she had said to mr mcgill and conversations about kelley and dan will share could there be more has there ever been discovery on that issue there's no there is not you are aware of the did you've been given yes and how did you get that trust document was it through some measure of discovery or did they come to some resolution or was it just a gentlemen's agreement here it is it was actually just a kind of good fortune kelli was cleaning out her that's really cleaning out what was looking for at least a life insurance document in her brother's room and happened to stumble across the trucks so this was where after shortly after she passed so did you then give the trust to to our mr mccarthy or whatever it was representing daniel at the time i don't remember exactly how that occurred i didn't get a copy of it and then daniel came to the house to get the trust so he had his own copy and then i soon became the trustee his attorney but i don't remember exactly how all that but at this point those that the the and the allegations that you because the one that we we know of and i certainly have no evidence standing here today that there is another one or any change that was made but again i think from scuppering there would certainly be some questions about that and  the circumstances and on the circumstance levels we have kelly living in the house and i mean if you one thousand and one which to me defeats this argument that well he didn't want to come to the house and kelly was there because he was there all the time with you know he was there for and looking at you know the susceptibilities of valerie to be this being her son the fact that you know kelly is her daughter and loving relationship with her mother had an expectation of an inheritance