Miller v. Mauzey

LAURA DENVIR STITH, Judge.

The question before this Court is whether a creditor — Carolyn Miller, the plaintiff herein — may sue her ex-spouse’s sister — Mary Jo Mauzey, the defendant herein — for property Ms. Mauzey was willed by her father upon proof that the reason the father willed the property to his daughter rather than to his son was because he knew that if his son got the property Ms. Miller would attach it to pay back maintenance owed her by the son. She alleges she can set aside the devise to the daughter as a fraudulent transfer of the son’s expectancy interest, or alternatively…