$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:

1. an existence of an expectancy of inheritance
2. an intentional interference by a defendant(s) with that expectancy of inheritance;
3. conduct by the defendant involving the interference which is tortious, such as #fraud,    duress    or   #UndueInfluence
4. a reasonable certainty that the expectancy of inheritance would have been realized, but for the interference by the defendant; and
5. 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.