Sinclair v. Fleischman

Mickey Alan Sinclair appeals the trial court's dismissal of his creditor's claim against his grandfather's estate for recovery of a proffered gift. He also assigns error to the lower court's assessment of costs and attorney fees incurred by both the attorney for the estate and the attorney for Richard V. Fleischman. We reverse and remand for further proceedings.

In August 1983, Victor Fleischman was judged incompetent, and his son Richard took over the management of his affairs under a durable power of attorney. In December 1984, Richard gifted Victor's six grandchildren with checks for…