Estate of Boehm

Petitioner-Appellant Donna Kraft, the personal representative for the estate of Emma Boehm, appeals a trial court's order recognizing Interested Party-Appellee Alicia Rae Ramos as a devisee under the estate of Emma Boehm. Alicia Rae Ramos was born to Kelly McCormick and William Boehm on August 15, 1979. McCormick and William Boehm lived together with Ramos for approximately one year. They did not marry, and their relationship eventually deteriorated to the point where it ended. In July 1983, McCormick married Bernard Schumacher. In November 1983, Schumacher adopted Ramos, and William Boehm's parental rights were terminated. After the termination of his parental rights, William Boehm ceased seeing or spending time with Ramos. When Ramos was fifteen, she and William Boehm were reintroduced and, through shared meals and time spent on his family's farm, became reacquainted with one another. When Ramos graduated from high school, William Boehm attended the ceremony. In February 1995, Emma Boehm, William Boehm's mother, executed a Last Will and Testament. In her will, Emma Boehm divided the residuary of her estate into seven shares, one for each of her six living children and one for the children of a deceased son. Emma Boehm died in 2010 but was predeceased by William Boehm who died in 2000. Following Emma Boehm's death, her Last Will and Testament was admitted to informal probate, and Ramos moved for determination of her status with respect to Emma Boehm's will. The trial court found William Boehm functioned as a parent to Ramos. Kraft argued the trial court erred as a matter of law by relying on laws governing intestate succession to interpret Emma Boehm's will. More specifically, Kraft argued the court erred when it concluded Ramos was included in "issue" under Emma Boehm's will and held Ramos was a devisee entitled to take from Emma Boehm's estate. Ramos argued the trial court correctly construed Emma Boehm's will. Upon review, the Supreme Court held that Ramos was a proper devisee under Emma Boehm's will and affirmed the trial court's May 17, 2011, order and its February 17, 2012, opinion on the motion to reconsider in which it concluded William Boehm functioned as a parent to Ramos. View "Estate of Boehm" on Justia Law