Dougherty v. Rubenstein

914 A.2d 184 (2007)

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Nature of the Case

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Facts

P invoked the insane delusion rule in an effort to set aside the June 9, 1998, Will of his father. The Will named Rubenstein (D), P's sister, the personal representative of the estate and bequeathed virtually all the assets to Rubenstein and his two other sisters, Elizabeth J. Hippchen and Dorothy D. Schisler. Throughout the 1990s, the father's health deteriorated due, in large part, to alcohol abuse. For the most part, P got the majority of the estate and was even a beneficiary of a life insurance policy.

The father suffered a minor stroke and was diagnosed with congestive heart failure. During the hospitalization, he was often disoriented and confused and had trouble expressing himself and understanding what was being said to him. He was rarely oriented to where he was or what day or time it was. The father was diagnosed with dementia. Dr. Freilich and a second doctor, Lakshmi P. Baddela, M.D., executed 'Physician's Certificate of Disability' affidavits, attesting that due to the present condition of dementia, he is without sufficient capacity to consent to the appointment of a guardian of his person and property and affairs or consent to the care and confinement of his person or the management of his property and affairs. P decided instead to place him in the Cantler Home. The father adamantly objected, insisting that he be returned to his own house to live. He was miserable at the Cantler Home. He complained incessantly. When D visited, the father 'wanted nothing to do with [him].' P eventually removed him from the Cantler Home and returned him to his house. P had all the financial records and when they were returned the father accused P of stealing his money despite attempts by P to go over them to prove nothing was stolen. The father executed a new Power of Attorney appointing D as his attorney-in-fact. The father came under the care of Richard DeSantis, M.D., for whom P was working as a secretary. Dr. DeSantis is an internist and endocrinologist. For the next two years, Dr. DeSantis treated the heart condition. According to Dr. DeSantis, he did not exhibit any symptoms of dementia aside from some minor speech difficulties, which could have been caused by his stroke. The father met with Ed Seibert, a lawyer, and longtime friend, and drafted the present will that left P out. Seibert testified that the father was 'just as lucid as you and I.' Seibert's daughter, Heather, and his daughter-in-law, Susanne Reising, signed as witnesses. Both described his demeanor that day as normal. According to Seibert, from what he saw, there was no reason to think that the father was not competent to make his Will or that anyone had exerted undue influence over him to get him to change his Will. From 1998 until his death in 2004, he lived alone. He drove a car, wrote his own checks, and dressed and groomed himself. He devoted time to his favorite hobby of flying model airplanes. He continued to complain that P had stolen money from him. The judge found that when the will was executed, the father had capacity. The judge found the will was made in part because the father was extremely upset about being put in the Cantler home. P appealed.