Mason M. Thompson, as the Personal Representative of the Estate of Wayne Carlton Thompson vs. Burke Anne Hammond

Case Background

On June 29, 2022, Plaintiff  Mason M. Thompson filed an Elder property rights lawsuit in the Oregon State, Benton County, Circuit Court (Case number: 22CV21640). Judges James Edmonds, Joan Demarest, and Matthew Donohue presided over this case

Cause

Wayne Carlton Thompson, the Decedent, executed wills in 2011 and 2018 naming his son, Mason M. Thompson, as the sole beneficiary of his estate, including the Sweet Home Property in Sweet Home, Oregon. The Decedent confirmed his intent in October 2021 by recording a transfer-on-death deed that designated Mason as the primary beneficiary of the property.

In the months leading to his death in May 2022, the Decedent suffered from terminal illnesses. These included metastatic bladder cancer, diffuse large B-cell lymphoma, and squamous cell carcinoma. During this time, Defendant Burke Anne Hammond exploited his vulnerable state. Beginning in January 2022, Hammond pressured the Decedent to transfer the Sweet Home Property to her. This occurred despite his initial protests and assurances of her financial stability.

Hammond escalated her demands through persistent harassment, intimidation, and threats. She eventually coerced the Decedent into granting her co-ownership through a statutory bargain and sale deed. After the Decedent’s passing, Hammond obtained full ownership of the Sweet Home Property. This disregarded the Decedent’s clear intention to leave the property to Mason.

Injuries

Hammond’s coercive actions severely harmed both the Decedent’s estate and Mason M. Thompson. Hammond exploited the Decedent and altered his property rights under duress. This deprived Mason of his rightful inheritance of the Sweet Home Property, valued at approximately $2,000,000. The loss disrupted the estate’s financial stability. Mason also suffered significant emotional distress while dealing with the legal aftermath of Hammond’s actions.

The estate faced further financial strain due to legal fees and associated costs while addressing the improper property transfer. Under Oregon law, the estate sought treble damages, increasing the potential claim to $6,000,000. It also sought pre-judgment interest at a 9% annual rate. These damages were intended to compensate for the emotional and financial harm inflicted on Mason and the estate. They also reinforced protections for elder property rights under Oregon statutes.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Mason M. Thompson, as the Personal Representative of the Estate of Wayne Carlton Thompson | Mason M. Thompson, individually
    • Counsel for Plaintiff: Dallas V Garner
  • Defendant(s):Burke Anne Hammond
    • Counsel for Defendants: Jovita T Wang

Claims

The estate pursued legal action against Hammond, asserting claims of financial elder abuse under ORS 124.100 and intentional interference with economic relations. It alleged that Hammond acquired co-ownership of the Sweet Home Property through undue influence, threats, and coercion. Her actions violated Oregon laws designed to protect elder property rights and prevent exploitation of individuals aged 65 or older.

The estate also argued that Hammond’s interference undermined the Decedent’s estate plan and Mason’s economic interests. It sought restitution for the property’s value, treble damages, attorney fees, and pre-judgment interest. By addressing Hammond’s wrongful conduct, the claims emphasized the importance of preserving elder property rights and deterring similar exploitation.

Defense

Defendant Burke Anne Hammond denied most of the allegations brought by Mason M. Thompson. While she admitted residing in Benton County, Oregon, and executing the deed for the Sweet Home Property, Hammond rejected claims of undue influence or coercion. She argued that the Decedent willingly granted her co-ownership and disputed the assertion that he was terminally ill at the time of the transfer.

Hammond further contended that Mason lacked standing to assert claims concerning the Decedent’s estate. She challenged the sufficiency of the factual allegations supporting claims of financial elder abuse and intentional interference. As an affirmative defense, Hammond argued that the claims omitted essential facts required to establish wrongdoing.

In a counterclaim, Hammond alleged interference with her ownership of certain personal property and a life estate in the Elliot Circle property in Corvallis, Oregon. She accused Mason of infringing on her elder property rights and reserved the right to amend her counterclaims for conversion and elder abuse if property disputes persisted. Hammond sought dismissal of the Plaintiff’s claims, attorney fees, and equitable relief from the Court

Jury Verdict

On December 13, 2024, the jury concluded that Defendant Burke Anne Hammond had taken the Decedent’s interest in the Sweet Home Property. However, they determined that this action was not wrongful.

Regarding Mason’s claim of intentional interference with prospective inheritance, the jury found that Hammond did not interfere with his inheritance of the Sweet Home Property.

On the counterclaims, the jury concluded that Mason had wrongfully taken Hammond’s property interests in one or more ways she alleged. Despite this finding, the jury determined that the wrongful conduct caused no damage to Hammond. Similarly, they found Mason intentionally interfered with Hammond’s economic relationship regarding the Elliot Circle property through wrongful actions. However, this interference also caused no measurable harm to Hammond.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com