Deckman v. Joseph

Citations

• 2025 Ohio 2360

Syllabus

Civ.R. 12(b)(6); motion to dismiss; standing; undue influence; breach of fiduciary duty; declaratory-judgment action; R.C. 2721.12(A); indispensable party; divorce decree; life insurance beneficiary; remedies; constructive trust; accounting. Son of decedent (\Alec\) appealed trial court's grant of motion to dismiss his claims. Alec alleged that decedent's niece (\Kim\) made herself beneficiary of decedent's life insurance policy by obtaining power of attorney for decedent after he was no longer competent. Alec's claims were properly dismissed for lack of standing because he failed to allege facts that, if proven, showed he was injured by Kim's conduct. Alec did not allege that he was ever a beneficiary of the life insurance policy. The insurance application he attached to his complaint listed his mother as the beneficiary, not him. Though Alec alleged that the decree governing decedent's divorce from Alec's mother required decedent to maintain life insurance, Alec did not plead or attach documents to his complaint that showed the divorce decree required him to be the beneficiary of the policy. Relatedly, Alec failed to name his mother or brother as parties, despite the fact that any interest they had in the policy by virtue of the application or divorce decree would be terminated by the declaratory judgment he requested. Having failed to state a claim, Alec also established no basis for his requested remedies — constructive trust and accounting of decedent's assets.