By Ruth Ferguson, NDG Editor
Anyone who has taken care of loved ones struggling with Alzheimer’s can understand the fear and frustration shared in the Dallas Morning News story on 93 year-old Ruth Mae Sanders on March 23. Mrs. Sanders owns a very valuable piece of property in what was former known as Freedman’s Town, now the bustling Uptown. According to court documents, she signed an agreement with well-known realty brokerage firm Henry S. Miller in 2012 to sell her home and the rental property she owns next door.
However, over the last four years at the center of the legal battle is whether Mrs. Sanders was already in the midst of the early stages of Alzheimer’s and therefore did not have the capacity to enter such an agreement. In the interim, the original investor who wanted to build a 7-11 store where her home stands, backed out of the agreement. The lawsuit centers on Miller’s attempts to get their original commission, which they claim they are entitled to no matter what. However, the commission has ballooned from $53,700 to a $125,000 judgement reportedly.
When you visit Henry S. Miller’s Who We Are website page, they proudly proclaim “Service and Integrity Since 1914.” However, in reading the comments of the attorney representing the firm, one wonders how true this remains.
The story states:
“An attorney for Henry S. Miller said the firm’s brokers did their part before the deal fell apart — and legally earned the commission. He called Ruth’s Alzheimer’s defense “convenient” and accused her of using her skin color to renege on paying.
‘Miller’s not the bad person here. They did a job,’ lawyer Randy Ackerman said in an interview. ‘Ms. Sanders played the race card [that] this is the white man trying to take advantage of a poor old black lady. I don’t think there’s anything racial about this.'”
Perhaps race is or is not at issue, but color certainly is. The color of money. At one point, their attorney applauds themselves for not kicking her out of her home but points out eventually Henry S. Miller will get their money when she dies.
“‘My client could have forced a sale of this property long before now, but they have not,’ said Ackerman.
‘Ms. Sanders is obviously elderly and some day she’ll pass and when the property goes down to its heirs, it will be liquidated and money will be distributed to Miller.’”
Perhaps Mr. Ackerman and other attorneys quoted in the story who point a finger at Mrs. Sanders daughter, never faced the pain and challenge of taking care of a parent with Alzheimer’s, but those who have can relate to the struggle of Leena Sanders, the daughter of Mrs. Sanders. It is incredibly hard to accept the fact a parent will never be the same again and the roles of the relationship are changed forever. It is not uncommon for the caregivers to cling to moments of normalcy and feel uncertain on when they have to step in an overrule their loved one’s wishes.
Also, if everything was above board, why did the firm’s representative feel it was necessary to take a photo of Mrs. Sanders signing the documents as the story reports?
What do you think, is Henry S. Miller taking advantage of Ruth Mae Sanders?