Nassau Life Ins. Co. v. Hynes
| Decision Date | 27 May 2022 |
| Docket Number | CASE NO. 1:21-cv-126-GRJ |
| Citation | 604 F.Supp.3d 1322 |
| Parties | NASSAU LIFE INSURANCE CO., Plaintiff, v. Kelli Hilscher HYNES and Katherine G. Solomon, Defendants. Kelli Hilscher Hynes, Cross-Plaintiff, v. Katherine G. Solomon, Cross-Defendant. |
| Court | U.S. District Court — Northern District of Florida |
Tucker C. Motta, Wendy Lynn Furman, McDowell & Hetherington LLP, Boca Raton, FL, for Plaintiff.
David Peter Reiner, II, Reiner & Reiner PA, Miami, FL, for Defendant/Cross-Plaintiff Kelli Hilscher Hynes.
Jesse Warren Smith, Avera & Smith LLP, Gainesville, FL, Daniel Jay Glassman, Glassman & Zissimopulos PLLC, Gainesville, FL, for Defendant/Cross-Defendant Katherine G. Solomon.
The Court conducted a bench trial on April 25, 2022, ECF No. 51. The parties consented to jurisdiction by a magistrate judge for all matters including trial and the entry of judgment. See ECF No. 28.
At trial, the Court heard testimony from nine (9) witnesses and reviewed twenty (20) exhibits admitted into evidence by stipulation of the parties. The sole issue for the Court to resolve is whether on February 10, 2021, Martin Solomon ("Martin") lacked the mental capacity to change the beneficiary of his life insurance policy from his adult daughter, Cross-Plaintiff Kelli Hynes ("Kelli") to his second wife, Cross-Defendant Katherine Solomon ("Katherine").
After careful consideration of all the evidence in this case as well as the parties’ post-trial submissions, and for the reasons discussed below, the Court concludes that Hynes failed to rebut the presumption that Martin was mentally competent at the time he executed the change of beneficiary form in favor of Katherine.
The insurance policy at issue in this case was purchased by the insured, Martin Solomon, and his first wife, Elaine, from Confederation Life Insurance Company in 1988 (policy #5743913). ECF No. 1 ¶ 6. The policy provided a $50,000 death benefit. Id. ¶ 7. The policy was later assumed by Nassau Life Insurance Company. Id. Relevant to this case, on July 25, 2012, Martin changed the sole beneficiary of the life insurance policy proceeds to his biological daughter Kelli after his wife Elaine predeceased him. Tr. Ex. 2.
Seven years later, in May of 2019, Martin suffered a serious stroke
that required hospitalization and rehabilitation therapy. The following month, Martin married his live-in girlfriend Katherine at the Cross City, Florida Nursing and Rehabilitation Center where he was recovering from his stroke. See Tr. Ex. 9. Katherine and Martin had been together since 2012. After Martin was released from the rehabilitation center, he returned home with Katherine, who quit her job to take care of him.
On August 28, 2019, Martin executed a Last Will and Testament ("Will"), once again naming Kelli as the sole beneficiary of the life insurance proceeds. Tr. Ex. 3 at 3. The following year, on November 9, 2020, Martin executed a Durable Power of Attorney ("PoA"), designating Katherine as his attorney-in-fact and agent, empowering her to take all necessary actions for his "health, safety and care." Tr. Ex. 4 at 1. The Will and the PoA were prepared by the same attorney and were witnessed and notarized.
On February 10, 2021, Martin executed a change of beneficiary form, naming Katherine as the sole beneficiary of the $50,000 life insurance proceeds, thereby depriving Kelli of that benefit upon his death. Tr. Ex. 5. Three witnesses were present when Martin signed the change in beneficiary designation: Katherine, Katherine's daughter, Patricia Patrick, and Ed Senuik (boyfriend of Katherine's daughter).
Kelli submitted the following evidence in support of her position that Martin lacked the mental capacity on February 10, 2021, to change his beneficiary designation from her to Katherine.
Tasha Solomon ("Tasha"), Kelli's sister-in-law,1 testified that she and her husband, Stephen, relocated from South Florida in November of 2019 to be near Martin after his stroke because Katherine was having trouble caring for him. Tasha testified that she had regular contact with Martin in the months, weeks, and days prior to and after February 10, 2021, and that she did not believe in her heart that Martin would deprive Kelli of the insurance proceeds he intended her to have if he had been mentally competent. Tasha also questioned whether Martin had the mental capacity to consent to his marriage to Katherine in June of 2019. She recalled having several conversations with Martin in which Martin said he would never marry again even after he and Katherine had moved in together. "There wasn't a need for it," he said.
After Martin's stroke, Tasha said she was surprised to learn from a Facebook post that Martin had married Katherine. On February 11, 2021, the day after the change in beneficiary form was executed, Tasha visited Martin to give him a birthday card, balloons, and a chocolate bar, but, according to Tasha, Martin did not react or appear to recognize her during her birthday visit that day. Based upon her interactions with Martin, the Tasha testified that Martin was simply unable to have a conversation and lacked the mental capacity to make any decisions whatsoever after his 2019 stroke.
Martin's son, Stephen Solomon ("Stephen"),2 also testified that the stroke had a negative impact on Martin to such an extent that attempts at conversation with him were impossible—"it's like talking to a wall." After the stroke, Stephen explored getting a power of attorney for his father but decided the effort would be useless. According to Stephen, Martin was unable to talk, and Stephen did not think his father could "write anything". Further, in Stephen's view, Martin lacked the mental capacity in 2019 to execute the Will. Stephen also confirmed that remarriage was not in the cards as far as his father was concerned—"There's no reason for it." He, too, was surprised about his father's 2019 marriage to Katherine, especially since neither he, his wife, Tasha, nor Kelli had been invited to attend the wedding.3 As for the particular date in question, February 10, 2021, Stephen did not see Martin anymore."
Kelli, too, testified that Martin was never quite the same after his stroke. And even though Kelli lives in Texas and was unable to visit Martin in Florida during the relevant time period due to COVID-19, Kelli spoke with Martin by telephone on occasion. During those telephone conversations, Kelli testified that Martin lacked clarity of thought and had difficulty speaking. In her view, Martin was not competent to make any decisions after his stroke.
As for the 2019 Will, Kelli testified that she honestly believes Martin could not sign his name at that time. Kelli also testified that she attempted to speak with her father by telephone the day of his birthday, February 11, 2021, but he did not want to talk with her then. Kelli was able to speak with Martin by phone soon after his birthday, and Martin told Kelli that he loved her.
In support of Katherine's position that Martin was mentally competent on February 10, 2021, Katherine presented the testimony of several disinterested witnesses, who testified about Martin's mental competency and condition after his stroke in general and on February 10, 2021, in particular.
Malisa Roberts ("Roberts"), a notary public and paralegal, testified that Martin asked the law firm where she worked in Dixie County, to draft both the 2019 Will and the 2020 PoA. Roberts testified that she read both documents aloud to Martin and asked him if they were what he wanted before he signed them. According to Roberts, Martin acknowledged that he understood what he was signing. Reading documents aloud to clients is a standard practice of the law firm. At both signings, Roberts testified that she had no concern that Martin lacked understanding about what he was doing.
Licensed physical therapy assistant, Suzanne Rogers ("Rogers") testified that she provided Martin with physical therapy services in his home "on and off" from 2020 to 2021 (one-and-a-half years). During those sessions, she observed that Martin was able to walk, sign his name, respond, follow instructions, and make decisions. Rogers further testified that Martin was stubborn and would not do anything he did not want to do—a character trait confirmed by several witnesses.
The three witnesses who were present when Martin executed the change in beneficiary designation on February 10, 2022, all confirmed that Martin knew what he was signing at the time, that he intended to change the beneficiary to Katherine, and that he knew that the change would result in Katherine receiving the proceeds upon his death. All three witnesses further testified that no one pressured Martin into making the change.
Ed Senuik ("Senuik") testified that he was present when Martin signed the change in beneficiary form. According to Senuik, before Martin signed the change in beneficiary form Senuik asked Martin if he was sure he wanted to change the beneficiary to Katherine. Senuik testified that Martin confirmed that is what he wanted to do when he nodded yes. Senuik also asked Martin again if he was sure he wanted to sign it. This time, Martin grabbed the form and signed it. Senuik then signed the form as a disinterested witness. Martin certified that the form was modified by him, the "Owner." Tr. Ex. 5.
Katherine testified that the reason Martin changed his beneficiary is because she "was the one taking care of him and his kids never participated in it at all."
Sheila Frierson ("Frierson"), a long-time neighbor and registered nurse, testified that three days later she observed Martin walking in his driveway using a walker to get some exercise. She said that Martin appeared to her to be mentally alert at that time. As further confirmation of Martin's mental capacity Frierson testified that Martin remembered to wish her a happy birthday and they exchanged birthday greetings...
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