My Uncles Split Up Grandma’s House Over Her Birthday Cake, Not Knowing I’d Changed Her Battery That Morning

Daniel Foster

At my grandmother’s eighty-sixth birthday lunch, her two sons sat on either side of her and divided her $410,000 house across her plate, and Uncle Lamar said, “Ma can’t hear a thing anymore, she’s been deaf as a doorknob since spring.” I’d put a new battery in her hearing aid that morning. Then she reached up to her ear.

She’d lived in that house fifty-eight years, and for the last three, so had I.

I’m the one who drove her to the eye doctor and the bank and Thursday pinochle at the church.

Every Sunday night we sat at her kitchen table while I cleaned that hearing aid with the little brush, picked the wax guard out with a pin and peeled the yellow tab off a fresh battery.

Her sons came at Christmas.

Some Christmases.

The lunch was in the back room of a Mexican place in Visalia that Vince picked because it had parking.

There was a fish tank by the bathrooms with one orange fish in it and a plastic diver missing his head.

Grandma Fern wore her lilac cardigan with the pearl buttons and kept both hands around her coffee cup.

In the car she’d told me restaurants made her ears ache, and before we went in she rolled the little wheel down with her thumb.

So she was sitting in her own quiet when it started.

Lamar had flown in from Phoenix that morning and still had the airline tag on his carry-on.

He hadn’t hugged her yet.

He ordered, stood up behind her chair, leaned on it and said to Vince over the top of her head, “So. The house.”

Vince’s wife Kim stopped filming the cake.

“Not here,” Kim said.

“Relax. She can’t hear a WORD,” Lamar said. “Watch.”

He bent down to Grandma’s face and said, “HAPPY BIRTHDAY, MA,” with every tooth showing.

She smiled at him and patted his wrist.

“See?” Lamar said.

My stomach turned over.

Vince already had his phone out.

He’d looked it up. Of course he’d looked it up.

“Four-ten, give or take,” he said. “The roof’s going to knock twenty off that.”

“So two-oh-five each,” Lamar said.

Each.

“Two?” I said.

Lamar looked at me like I was the waiter.

“You’re a grandkid, Mayra. Grandkids don’t get a cut. Your dad’s share went with your dad.”

My dad died when I was nine.

Lamar had sent a peace lily.

“And where’s she supposed to live?” I said.

“There’s a place by the hospital with a bed opening in January,” Vince said. “I already put the deposit down. Twenty-five hundred.”

“You put a deposit on our grandmother.”

“On a ROOM,” Vince said. “Don’t make it ugly.”

Grandma lifted her cup and set it back down without drinking.

Her eyes stayed on the cake. Three tiers, white, her name piped on it in blue.

“And you,” Lamar said, pointing his fork at me. “You’ve been in that house rent-free for three YEARS. You’ve got till March.”

“I pay the water bill,” I said.

“Congratulations.”

“She’d have to sign something first,” Kim said.

Lamar laughed.

“I’ve got the power of attorney forms in the car. She’ll SIGN ANYTHING if you put a pen in her hand and tell her it’s a birthday card.”

Vince laughed too. Not as long.

Under the table my hand was in my jacket pocket, around the little zip case with the brush and the spare batteries.

I was squeezing it hard enough to feel the edges of the batteries through the vinyl.

“She’s sitting RIGHT THERE,” I said.

“She’s sitting in a fog,” Lamar said. “Ask her what year it is.”

Grandma set her cup in its saucer.

She lifted her right hand to her ear.

I knew that motion. I’d watched it a thousand Sundays.

Her thumb found the wheel and rolled it. Once. Twice. All the way up.

It gave the thin little whistle it makes when it’s turned up high near a palm, and she cupped her hand there until it stopped.

Vince heard it.

His phone went face-down on the tablecloth.

Lamar didn’t know what the sound was.

“Lamar,” Grandma said.

Her voice was completely normal. I think that was the worst part for him.

“Say the part about the pen again, mijo. I had it down too low.”

Nobody at that table moved.

Kim’s phone was still pointed at the cake, still recording.

Then Grandma turned to me, put her hand flat on my arm and said, “Mayra, honey, did you bring the blue folder from my nightstand like I asked you?”

I had. It was in my bag, against my ankle.

She’d asked me for it that morning while I was changing her battery, and I hadn’t once thought to ask her why.

The blue folder

I reached down, got it out of my bag and passed it to her over the chip basket.

It was the cheap plastic kind with a snap. It had sat on her nightstand under her rosary since April.

She opened it on the tablecloth next to the cake.

There were four things inside. The grant deed to the house, folded in thirds, her name and Grandpa Carmine’s typed on it in 1967. A pink carbon slip. A business card. And a sheet of yellow legal paper folded down small, the way she folds coupons.

She took the pink slip out first and laid it beside Vince’s phone.

I could read it from my chair. Valley Oaks Care Center. Deposit received, $2,500. Resident: Fern Tapia. Responsible party: Vincent Tapia. A date in October.

“They called the house to ask about my allergies,” Grandma said. “I told them shellfish. I answer my own phone, mijo.”

Vince looked at the slip. He didn’t touch it.

Lamar sat down. He used the voice people use on a dog at the vet.

“Ma. You’re getting mixed up. That’s just paperwork for later. In case.”

“In case of January,” she said.

Kim lowered her phone an inch. She didn’t stop it.

Grandma took the business card out next. She didn’t look at it. She turned it face down and pushed it across the tablecloth with one finger until it bumped Lamar’s bread plate.

He turned it over and read it.

Then he put it in his shirt pocket, fast, like a receipt he didn’t want his wife to find.

“Keep it,” Grandma said. “I wrote the number down.”

Size 10, yellow tab

The house is a three-bedroom on the east side of town. She and Grandpa Carmine bought it in 1967 for eighteen thousand five hundred dollars. He planted a lemon tree the first week and built a carport he never finished. He died in 2011, the year the roof was last done.

They had three boys. Lamar, then my dad, Nico, then Vince.

A truck crossed the line on 198 when I was nine. Grandma came to every one of my school things after that, in the same lilac cardigan, sitting on the aisle so she could hear.

Lamar was the one who handled things. Everybody said so. He handled the funeral home. He handled Grandpa’s truck, which he sold. Every Sunday at six he called from Phoenix to check on Ma, and every Christmas he mailed her a check for a hundred dollars with ROOF written on the memo line.

I moved in three years ago when my rent in Fresno went up. It was supposed to be two months.

Grandma kept telling me to go. A woman of thirty-one, she said, should not be picking an old lady’s ear wax out with a pin on Sunday nights. My friend Jodi had a two-bedroom in Sacramento and had been holding the second room for me since summer. I’d told her spring.

So I was leaving. I just hadn’t left.

The Sunday nights were how I kept track of her. You learn a person from her batteries. A size 10 used to last her the whole week, Sunday to Sunday.

Starting in April they were dead by Thursday.

I figured the aid was dying. I priced a new one at Costco, fourteen hundred dollars, and put the brochure on the fridge under the Our Lady of Guadalupe magnet. She told me this one was fine. She told me twice.

April was also the one time I didn’t drive her to the bank. I had a dentist appointment, and Vince was in town and offered. She came home quiet and asked me to stop at the Dollar Tree for a folder. They came three to a pack. She took the blue one and gave me the green and the red.

I drove her to the bank every other time. One afternoon in July, waiting on a cashier’s check, I sat by the notary’s desk, which has a bowl of Dum Dums nobody touches. An old man in a wheelchair was there with his daughter and a stack of papers.

The notary leaned toward him and said, “Tell me in your own words what this paper does.”

He said it was for his daughter’s car.

The notary closed her book and said she couldn’t do it today. The daughter cried in the parking lot. I don’t know why that one stuck with me.

Then, in October, Lamar called on a Sunday at six and said he was sending a guy to look at the roof.

The guy came on a Tuesday in a polo shirt. He had a laser measure on his belt. He measured the kitchen and every bedroom, mine too, and wrote on a clipboard. He never got the ladder off his truck.

I made him coffee. He said it was good.

Grandma watched him from her recliner with The Price Is Right on and asked for his card. In case the roof leaked, she said.

At the restaurant, I looked over at Vince.

The pink slip was gone off the tablecloth. It was in his lap.

The stove in August

“Who put her up to this?” Lamar said.

He said it to me, not to her.

“Nobody put her up to anything,” I said.

“Three years in her ear. Three years in her house. And all of a sudden she’s got a folder.” He tapped the table next to the deed. “You think I’m stupid? You think a judge is stupid?”

Grandma reached for the creamer. Lamar moved it closer to her without looking, the way you move a thing for a child.

“Ma’s not well,” he said. “Vince. Tell her.”

Vince rubbed his eye with the heel of his hand.

“She left a burner on in August, Mayra,” he said. “Under the beans. You called me. You were crying. Those were your words, not mine.”

I had called him. I’d come home from the pharmacy and the kitchen was blue with smoke and she was asleep in the recliner. I’d stood on the porch with the phone because I didn’t know who else to call, and Vince was the uncle who taught me to drive in the Target parking lot.

“That was one time,” I said. “She’s fine. I’m there every day.”

“Right,” Lamar said. “You’re there every day.”

He let it sit a second.

“Living there free. Driving her to the bank. Who do you figure a judge believes, the granddaughter who wants the house or her own two sons?”

“I don’t want the house.”

“Everybody wants the house.”

I stood up and put my hand on the back of Grandma’s chair.

“Grandma, let’s go home.”

She didn’t move. She was looking at the cake.

“I haven’t had my cake,” she said.

Lamar stood too. He pushed his chair in, which I’d never seen him do in my life.

“Fine. I’m getting the forms. We do this right, with everybody here.”

He went out through the front room, past the hostess stand, and the door with the bell on it swung shut behind him.

Kim said, “Vince.”

“Stay out of it, Kim.”

Kim put her phone down flat, camera up, still on.

Vince turned to me. He looked tired more than mean.

“He’s not wrong about the stove,” Vince said. “You know he’s not.”

The carry-on

Lamar came back with the carry-on, not just an envelope. The airline tag from Phoenix flapped against the wheels. He set the bag on an empty chair and unzipped the front pocket.

The forms had been in there since the airport. He’d never left them in the car.

He laid them on the table between the cake and the chip basket. Six pages, stapled. Her name was already typed in at the top. Fern A. Tapia, Principal. Little yellow sign-here flags stuck out of the side like tongues.

Vince picked up the first page and read it with his lips moving a little, the way he reads menus.

“Where’s my name?”

“You can’t have two agents, it gets messy,” Lamar said. “It’s for the bills. It’s for the bank. I’ll handle it and we split it like we said.”

“It just says you.”

“Because I’m the oldest, Vince. That’s how it works.”

Grandma wasn’t looking at the forms. She was looking at her own hand on the tablecloth, the one with Grandpa’s ring on it, turning the ring with her thumb.

Lamar put his phone down by the cake while he squared the pages.

It lit up. The screen faced the ceiling, two feet from my plate.

Reagan Vandam Mobile Notary: Running 10 min behind, there by 2:10. Is the signer the birthday lady?

I read it twice.

Kim was reading it too. She’d leaned over without hiding that she was leaning.

“You booked a notary,” Kim said. “To her birthday.”

“It’s efficient,” Lamar said. “Everybody’s in one place. Do you know what a flight from Phoenix costs right now?”

“To her birthday, Lamar.”

“She’s not going to remember it was her birthday by Tuesday.”

Vince put the first page down. He put it down slowly, on top of the pink slip in his lap, like he was covering it.

I didn’t say anything. I looked at the clock over the kitchen door, a Coca-Cola one with a bottle for the second hand.

It said 1:52.

The yellow sheet

Grandma unfolded the yellow paper.

She smoothed it flat on the tablecloth with the side of her hand, three times, until the creases lay down. Then she held it out to me.

“Read it to them, mija. My eyes.”

She has macular degeneration in the left eye and it’s coming in the right. I drive her to Dr. Hwang every eight weeks. She can see a face across a table. She can’t read a menu.

Her handwriting was big, and it ran downhill, and every line started with a date.

“Out loud,” she said.

So I read it out loud.

“April twelve. Vince at the bank. Asked the girl how you put a son’s name on the account. Said Ma won’t know the difference.”

Vince’s face went red from the collar up.

“April thirteen. Batteries. Keeping it up all day now. Turning it down when the boys are here.”

I stopped.

Fourteen hundred dollars at Costco. The brochure was still on the fridge.

“Keep going,” Grandma said.

“June eight. Lamar on the phone. Asked me what day it was. I said Tuesday. It was Sunday. He said, ‘Okay, Ma,’ and asked was Mayra home. I said no. He said good.”

Lamar laughed, one short laugh through his nose. Nobody joined him.

“October three. Roof man. Measured every bedroom. Roofs don’t have bedrooms.”

I looked up at Lamar’s shirt pocket. The corner of the business card was sticking out of it. I could see the first letters. HOANG HOME BUY.

“Under that she wrote a number,” I said. “Three-forty. Cash. Christmas.”

“Keep going,” Grandma said.

“October twenty. Valley Oaks called. Deposit from Vince. Said thank you.”

There was one more line, smaller, squeezed in at the bottom where the paper ran out.

I read it to myself first.

“Mayra,” Grandma said.

“Do not tell Mayra,” I read. “She’d call them before supper.”

Under the table I had the zip case in my fist again. I’d stood at that kitchen table every Sunday since April and changed a dead battery on Sunday that should have lasted till Sunday and never once asked her where the week went.

She’d been listening the whole time. She’d been listening to them on the phone at six. She’d sat in her recliner and let a stranger measure my bedroom and asked for his card.

And she had let me buy the batteries.

Lamar reached across and took the yellow sheet out of my hand. He held it at arm’s length like it smelled.

“She wrote this?” he said. “She can’t see her own plate.”

“I can see fine enough to write, Lamar,” Grandma said. “It’s the reading that’s hard.”

Two-ten

The notary came through the front room at eleven minutes after two with a rolling case and a lanyard. She was about fifty, in a cardigan with a cat pin on it. The hostess pointed her to the back.

“Tapia party?”

Lamar was on his feet before she reached the table.

“Reagan. Great. Thank you. This is my mother, Fern, this is her birthday, we’re all here, it’s a nice thing. It’s just the power of attorney, all filled out, six pages, she signs where the flags are and you do your stamp and we’re out of your hair. She’s eighty-six. She’s a little foggy. She doesn’t hear great. You’ll want to talk loud.”

The notary set her case on the chair next to the carry-on and opened it. A big black book. An ink pad. A box of tissues.

She said, “I’ll need her ID.”

Lamar looked at Grandma’s purse. Grandma didn’t move her hands off the table.

I thought about the old man in the wheelchair and the bowl of Dum Dums.

“Ask her what it is,” I said. “In her words.”

Lamar turned around.

“Excuse me?”

“You ask everybody that,” I said to the notary. “What the paper does. Ask her.”

The notary looked at me, then at Grandma. She pulled out a chair and sat so her face was level.

“Mrs. Tapia, can you tell me in your own words what this document does?”

Grandma took her time. She folded her hands.

“My son told me it’s a birthday card,” she said.

The notary looked at the forms. Then she looked at Lamar.

“She’s confused,” Lamar said. “Look at her. That’s what I’m telling you, that’s the whole point of the paper, she can’t manage, she left the stove on in August, ask the granddaughter, the granddaughter called crying. She’s been deaf since spring. She doesn’t know what year it is. You ask her the year. Go ahead, ask her. She’ll say Tuesday.”

“Sir.”

“I flew in this morning. I have a flight at seven. My brother put down twenty-five hundred dollars. I’m not doing this twice.”

“Sir, I can’t notarize for a signer who doesn’t understand the document.” The notary was already closing her book. “Or for one who’s been told it’s something else.”

“She DOES understand. She’s playing games. She’s been playing games since April, it’s on the sheet, you can read the sheet.”

Kim said, quietly, “I’ve got the birthday card part, Lamar. I’ve got all of it.”

Lamar stopped. He looked at Kim’s phone lying flat on the table, camera up.

“Delete that.”

“No,” Kim said.

“Vince. Tell your wife to delete that.”

Vince didn’t say anything. He was looking at the card corner in Lamar’s pocket.

“Three-forty,” Vince said. “You told me four-ten.”

“It’s a cash offer, Vince, it closes in two weeks, there’s no realtor, you lose twenty for the roof anyway.”

“You told me two-oh-five each.”

“So it’s a hundred and seventy each. What’s the difference.”

“Where’s the other seventy, Lamar?”

Lamar didn’t answer that. He turned to his mother instead. I’d never heard him talk to her at a normal volume before that afternoon, and I never have since.

“You know what, Ma? Keep it. Keep the house. Sit in it with her till you die in it. I’m not flying out here again. Not for Christmas, not for the funeral. She can handle the funeral.”

Grandma looked at him for a long time.

“Your father handled you,” she said. “I just fed you.”

The notary snapped her case shut and wheeled it toward the front without saying goodbye. Nobody blamed her.

Grandma turned to me and put her hand flat on my arm again.

“That lady goes to houses,” she said. “She can come Monday with a different paper. But it has to be a name, mija. Somebody who stays.”

She didn’t say Sacramento. She didn’t have to.

I thought about Jodi’s second bedroom with the window on the parking lot. I thought about telling her spring.

“Mine,” I said.

Under the table I took my phone out with the hand that wasn’t holding the battery case and typed to Jodi. Give the room to someone else. I’ll explain.

Lamar zipped the forms back into the front pocket of his carry-on. He didn’t take any cake.

The bell on the front door rang, and the airline tag went out with him.

Sunday, six o’clock

The next Sunday we sat at her kitchen table with the little brush and the pin.

Reagan came to the house on Monday with a different paper. She asked Grandma what it did, and Grandma told her, in her words, for about ten minutes. Reagan had to ask her to stop. My name is on page one.

Jodi rented the second room to a nurse. She sent me a picture of the nurse’s cat on my bed. It’s not my bed.

Vince called Valley Oaks. The deposit was nonrefundable. He paid it anyway, and on Wednesday he came by and fixed the carport gutter without being asked. He didn’t come in. Kim sent me the video and I put it in the blue folder on a flash drive, with the yellow sheet and the deed.

The top tier of the cake is in the freezer. Her name is still on it in blue.

I picked out the wax guard and peeled the yellow tab off a fresh battery and handed it back to her. She put it in herself.

At six the phone on the wall rang.

It rang twice. Three times.

Grandma rolled the little wheel all the way up with her thumb and got up to answer it herself.

If you’ve got someone in your family who does the Sunday-night jobs nobody sees, call them this week and say you noticed.

For more family drama about people being underestimated, read the story of Nana’s ring making its way back to the table and the daughter whose father dismissed everything she’d built. And for another twist involving family, money, and a bedside reckoning, check out the story of the store books and the first wife.