$47 MILLION GUARDIANSHIP : DAUGHTER WANTS A SAY IN MOM’S GUARDIANSHIP & ESTATE PLAN CHANGES
A recent Ohio case involves a woman in her 70’s who is worth $47 Million and is the subject of a #Guardianship. This #GuardianshipLitigation involves a daughter who wants to be involved in her mother’s #Guardianship AND have a say in proposed changes to mom’s #EstatePlan.
#PROBATECOURT APPOINTS #GUARDIAN OF PERSON & PROPERTY
- Daughter Terri wanted to be involved in the #Guardianship of her mother, Sharon.
- Sharon is 74 years old, divorced with 3 adult children
- Sharon has a 1979 Will and a 1994 #Codicil to her #LastWill which leaves her $47 Million #Estate to her 3 daughters equally
Q: Can you change someone’s #EstatePlan if they are #incapacitated and the subject of a #Guardianship?
- On December 27, 2011, she was declared #incompetent and the #ProbateCourt appointed a #Guardian — two actually, a #Guardian of the person and a #Guardian of the property.
CHANGE SHARON’S #ESTATEPLAN ?
- On May 17, 2012, the #ProbateCourt appointed a #GuardianAdLitem & authorized her to
- recommend financial and #estateplanning
- On October 12, 2012, the guardian of the estate filed a motion asking the #ProbateCourt to approve a financial #EstatePlan
DAUGHTER WANTS TO INTERVENE IN MOM’S #GUARDIANSHIP — sues for #tortiousinterference with inheritance
- On October 25, 2012, the daughter filed her motion to intervene.
- On November 13, 2012, she filed a lawsuit in federal district court alleging #TortiousInterference with her expected #Inheritance and a conspiracy to #Disinherit her.
- The federal lawsuit was dismissed without prejudice on March 13, 2013
- The #Guardian resigns
ISSUE FOR #GUARDIANSHIP
Q: Does the adult child, who is a #beneficiary under the will have an interest in #estate and financial planning being done for the ward by the #Guardian of the Estate and the #ProbateCourt, such that the child has a right to intervene in #estate and financial planning actions?
DAUGHTER CLAIMS #TORTIOUSINTERFERENCE WITH #EXPECTANCY OR #INHERITANCE
The daughter argued that she has a legally protectable interest or right: a #ProbateLawsuit for intentional #InterferenceWithAnExpectancy of #inheritance.
#TortiousInterference with an #Inheritance includes:
- an existence of an expectancy of inheritance
- an intentional interference by a defendant(s) with that expectancy of inheritance;
- conduct by the defendant involving the interference which is tortious, such as #fraud, duress or #UndueInfluence
- a reasonable certainty that the expectancy of inheritance would have been realized, but for the interference by the defendant; and
- damage
Amazingly, the #ProbateCourt did not permit the daughter to intervene and it was upheld on appeal. I believe that the result in #FloridaProbateCourt involving #FloridaGuardianships would be entirely different. #PalmBeachProbateCourts and #BrowardCountyProbate judges, along with #GuardianshipLawyers, know that daughters are typically interested in a mother’s #Guardianship and property. Notice is required to those affected by #EstatePlanning for someone who is the subject of a #FloridaGuardianship.