- 16 -
told Mr. Kayian, Sr. of her plans to leave. About two or three
days later, Mr. Kayian, Jr. told his father that Ms. Livingston
had left Tampa.
On a date not disclosed by the record between around August
7, 1993, and around August 14, 1993, the hospital released Mr.
Kayian, Sr. for a couple of days. Mr. Kayian, Jr. accompanied
his father to his father's residence and retrieved the mail for
him. That mail included a Social Security check in the amount of
$12,000 (Social Security check) and a check from Aruba with
respect to the Aruba bonds. The Social Security check was in
such a large amount because Mr. Kayian, Sr. had applied late for
his Social Security benefits and past due benefits were included
in that check.
After a few days at home, Mr. Kayian, Sr. was readmitted to
the hospital. On August 16, 1993, the day before he died, Mr.
Kayian, Sr. executed a durable power of attorney authorizing Mr.
Kayian, Jr. to act on his behalf. By letter dated August 16,
1993, which he did not sign, Mr. Kayian, Sr. requested Continen-
tal to change the beneficiary of his Continental group life
insurance policy to Mr. Kayian, Jr. for "FINAL EXPENSES". Mr.
Kayian, Sr.'s Continental group life insurance policy had a death
benefit of $10,000 and was to pay interest from date of death.
By separate letter dated August 16, 1993, which he did not sign,
Mr. Kayian, Sr. requested Continental to change the beneficiary
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