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Contracts Keyed to Dawson
Marmer v. Kaufman
Citation:
2009 WL 2002945, affirmed, 922 N.E.2d 862.Facts
Paul and his father Henry owned a pharmacy together. Henry issued a number of certificates of deposits for Paul’s benefit in recognition of the additional duties taken on by Paul as Henry aged. In 2002, Henry made his daughter June (Paul’s sister) his Durable Power of Attorney. Henry also turned over a number of assets to June in an attempt to become eligible for Medicaid assistance. June used her Power of Attorney to cash in the certificates that had been issued for Paul’s benefit. Paul sued June in Probate and Family Court, but his claim was dismissed, and affirmed by the Appellate court.
In 2006, June died and was survived by three children. Her son, Richard, served as administrator of her estate. After June’s death, Richard and Paul discussed entering into an agreement regarding distribution of June’s assets including: (1) paying Paul $136,000 plus interest for the certificates, (2) giving Paul 1/2 of June’s assets, and (3) pay for Henry’s nursing home care until he qualified for Medicaid. No agreement was ever signed.
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