In re Estate of Laubenheimer

Nancy and Luke Laubenheimer were married but did not have children. Nancy never adopted Luke’s children from his prior marriage. Nancy’s 1999 will left her entire estate to her stepchildren if Luke predeceased her. Luke died in 2001, and Nancy never altered her will. Around 2003, Joseph McLeod (defendant) came to live with Nancy. Nancy subsequently suffered multiple strokes and was admitted to a nursing home in 2008. Because Nancy’s doctors determined she lacked the capacity to make health care decisions, Nancy’s cousin, Diane Kulpa, acted as Nancy’s health care proxy pursuant to Nancy’s health care power of attorney. Nancy’s mental capacity never recovered. McLeod twice removed Nancy from the nursing home against medical advice, first to obtain a marriage license and then to solemnize the marriage. McLeod did not inform Nancy’s doctors or family about the wedding. After learning about the marriage, Patricia Laubenheimer (plaintiff), one of Nancy’s stepchildren, filed a petition for guardianship of Nancy, alleging that Nancy suffered from severe cognitive disability and that McLeod was financially exploiting her. The circuit court appointed Kulpa as Nancy’s guardian. Nancy then died, and McLeod and Patricia filed cross-petitions for administration of Nancy’s estate. McLeod argued that (1) Nancy’s 1999 will was invalid; (2) he was entitled to inherit her entire estate as her surviving spouse because Nancy had no children; and (3) his marriage to Nancy was not eligible for annulment after her death. Patricia countered, arguing that (a) the 1999 will was valid; and (b) Nancy’s death did not prevent the court from declaring her marriage to McLeod void based on Nancy’s mental incapacity to consent to the marriage. The trial court held the marriage could not be invalidated after Nancy’s death and granted McLeod’s probate petition. Patricia appealed.