Ibru v. Ibru
Decision Date | 27 September 2018 |
Docket Number | No. 100, Sept. Term, 2017,100, Sept. Term, 2017 |
Citation | 239 Md.App. 17,194 A.3d 424 |
Parties | Peter IBRU v. Janet IBRU |
Court | Court of Special Appeals of Maryland |
Argued by: Heather L. Mehigan (Sara A. Michaloski, Shulman, Rogers, Gandal, Pordy & Ecker, PA, on the brief) Potomac, MD, for Appellant
Argued by: Gabriel J. Christian (Gabriel J. Christian & Assoc. LLC, on the brief), Edward J. Leyden (Leyden Law, LLC, on the brief) Bowie, MD, for Appellee
Panel: Graeff, Kehoe, Leahy, JJ.
Leahy, J.Chief Michael Christopher Ibru1 ("Chief Ibru")—a prominent and very wealthy Nigerian business magnate—traveled to the United States from Nigeria for a medical procedure related to his Parkinson's Disease
. Shortly after the procedure, in 2008, Chief Ibru began living in Maryland with one of his daughters, Ms. Janet Osiorebruvbiho Ibru ("Janet" or "Appellee").2 Chief Ibru purportedly executed a durable power of attorney in which he appointed Janet as his attorney-in-fact, and then roughly a year later, in 2010, he entered into a general power of attorney, again appointing Janet as his attorney-in-fact (collectively, the "Powers of Attorney"). In 2016, Mr. Peter Ibru, one of Chief Ibru's sons ("Peter" or "Appellant"), filed suit in the Circuit Court for Prince George's County to enjoin Janet from exercising her rights under the Powers of Attorney. He claimed that the Powers of Attorney were invalid because Chief Ibru was incompetent when he signed them, and, that Janet had fraudulently used them to gain access to his assets. While the case was pending, the court entered an order naming Janet as the temporary guardian of Chief Ibru so that she could continue to assist Chief Ibru with his medical needs.
Chief Ibru passed away intestate on September 6, 2016. Peter amended his complaint, requesting that, in addition to declaring the Powers of Attorney invalid, the court establish a constructive trust for Chief Ibru's remaining assets in Maryland and order an accounting of Chief Ibru's assets for the entire time Janet acted as his attorney-in-fact. In response, Janet filed a motion to dismiss and requested attorney's fees. Janet averred that an estate case had been opened in Nigeria where the vast majority of Chief Ibru's assets and family reside and insisted that a Nigerian court would be best suited to handle the issues relating to Chief Ibru's property in Maryland. Six days later—before Peter responded to the motion—the trial judge granted Janet's motion to dismiss at a motions hearing. The court decided that "standing issues" precluded the court from considering Peter's petition for relief because the matter was actually an estate case. The court then awarded Janet $4,500 in attorney's fees. Peter appealed.
The central question in this appeal is the justiciability of Peter's claims in the circuit court.3 We must determine whether the circuit court had subject matter jurisdiction to consider Peter's petition and render a declaratory judgment,4 and whether Peter had standing to bring the action below. Additionally, we consider whether the circuit court erred in awarding Janet attorney's fees.
We hold that the circuit court mistakenly determined the underlying action was an estate case and that it was precluded from exercising jurisdiction over the case. Next, we hold that Peter, as a descendant of Chief Ibru, had standing to petition the court to construe the validity of the Powers of Attorney and review Janet's actions as an agent under Maryland Code (1974, 2017 Repl. Vol.), Estates and Trusts Article ("ET"), § 17-103(a). Accordingly, we also resolve that the circuit court abused its discretion when it awarded attorneys' fees against Peter in favor of Janet without any findings or calculations.
In late 2008, Chief Ibru traveled from Nigeria to the United States for medical treatment for Advanced Parkinson's Disease and related disorders. Roughly three weeks after arriving, Chief Ibru began living with Janet, one of his children, in Prince George's County. He remained in her care until his death.
On February 17, 2009, Chief Ibru purportedly executed5 a durable power of attorney (the "Durable POA"), naming Janet as his attorney-in-fact. The Durable POA gave Janet several powers incident to her role as Chief Ibru's caregiver, including:
For nearly six years, Janet assumed the role of primary caretaker for Chief Ibru. During this time, his physical and mental health further deteriorated,7 and by April 2016, he required rigorous medical treatment and constant monitoring.
On May 26, 2016, Peter filed a complaint in the circuit court which sought, among other things, to declare the Powers of Attorney null and void, alleging they were "fraudulent and unenforceable, as a matter of law, because [Chief] Ibru did not execute such document[s]." In addition, Peter entreated the court to infer that because Chief Ibru was unable to "even sign such [ ] important document[s]" due to "severe adverse health" issues, they were "in fact a product of fraud and or duress."
The next day, on May 27, 2016, the circuit court granted a temporary restraining order ("TRO") and enjoined Janet "from exercising any right or authority purportedly granted to her" under the Powers of Attorney. The court set in a hearing on the TRO for July 22, 2016. In response, Janet filed an emergency motion to rescind the injunction and request for a hearing, alleging that Chief Ibru was mentally competent when he "signed" the Powers of Attorney, and implored the court to "rescind[ ] the injunction until the hearing ... to preserve [Chief] Ibru's health and life." The court deferred ruling on Janet's motion until the July 22, 2016 hearing.
At the hearing on July 22, 2016, the court decided to appoint Janet as temporary guardian of Chief Ibru, noting that Chief Ibru had been living in Janet's home for "about eight years[,]" and saw "no good reason to upset that right now." The court explained:
On August 1, 2016, the court signed an order appointing Janet as "temporary guardian of the person and properties" of Chief Ibru. The order stated its purpose was to "preserve the status quo of all normal business operations and all assets belonging to [Chief] Ibru, pending a full evidentiary hearing before this Court[.]" (Emphasis in original court order). The court also ordered Janet to provide an accounting "as is normally and customarily required of all the properties and expenditures of [Chief] Ibru[,]"8 and temporarily suspended "all powers of attorney [signed] by [Chief] Ibru[.]"
On September 6, 2016, Chief Ibru passed away...
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