United States v. Kulhanek

MEMORANDUM OPINION

SEAN J. McLAUGHLIN, District Judge.

Presently pending before the Court is Defendants’ Second Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons which follow, the motion will be denied.

I. BACKGROUND

Defendants Anne Jane Kulhanek, Barbara J. Smith, and Susan C. Ulf (“Defendants”) are the surviving daughters of Robert Q. Roth, Sr. (“Roth”), who died in Erie, Pennsylvania on June 10, 1991. (Amended Complaint ¶¶ 4-6, 8). At the time of his death, Roth held a retirement account with a balance of $306,843.00 and an insurance policy that paid…