Sound Financial Strategies Group, Llc

Allegations: MICHAEL HUMPHREY AND CHRISTOPHER HUMPHREY WERE NAMED BENEFICIARIES OF DECEDENT'S IRA, PRIOR TO THE CHANGE IN BENEFICIARY DESIGNATION ON OR ABOUT MARCH 23, 2014. DEFENDANT JANICE HUMPHREY, SURVIVING SPOUSE OF CONNIEWAY HUMPHREY AND PRIMARY BENEFICIARY UNDER THE DECEDENT'S IRA. MICHAEL HUMPHREY AND CHRISTOPHER HUMPHREY AS BENEFICIARIES UPON DECEDENT'S DEATH. DEFENDANT JANICE HUMPHREY CONSENTED TO THIS DESIGNATION. KARL G. SIMMONS WAS REQUEST TO VISIT CONNIEWAY HUMPHREY AND HAVE HIM SIGN A CHANGE TO THE BENEFICIARIES MODIFYING HIS IRA TO MAKE DEFENDANT JANICE HUMPHREY THE PRIMARY BENEFICIARY UPON HIS DEATH. THE PLAINTIFFS CLAIM IS THAT THE CHANGE IN BENEFICIARIES EXECUTED BY CONNIEWAY HUMPHREY WAS A RESULT OF UNDUE INFLUENCE, BREACH OF FIDUCIARY DUTY AND/OR INCAPACITY. Status: Pending Summary: MICHAEL HUMPHREY, THE EXECUTOR OF THE ESTATE WAS MADE AWARE OF THE LEGAL ACTION MARCH 26, 2016, PRIOR TO THE CHANGE OF BENEFICIARY, THAT MR. SIMMONS WAS CALLED TO PROCESS A CHANGE OF BENEFICIARY; MAKING JANICE HUMPHREY THE SOLE BENEFICIARY. MR. SIMMONS SPENT TIME WITH THE CONNIEWAY AND JANICE HUMPHREY. IN THE HOSPITAL ROOM, WHERE CONNIEWAY HUMPHREY'S WAS LOCATED, DURING MR. SIMMON'S VISIT CONNIEWAY HUMPHREY, WERE JANICE, HIS WIFE, HIS PASTOR AND HIS PASTOR'S SON (THEIR NAMES ARE NOT REMEMBERED). MR. SIMMONS ASKED IF IT WAS BELIEVED THAT CONNIEWAY HUMPHREY WAS CAPABLE OF MAKING DECISIONS FOR HIMSELF. THERE WAS AN AFFIRMATIVE RESPONSE. MR. SIMMON'S THEN LOCATED CONNIEWAY HUMPHREY'S ATTENDING PHYSICIAN AND ASK IF HE BELIEVED CONNIEWAY HUMPHREY'S WAS CAPABLE OF MAKING DECISIONS. THE DOCTOR INDICATED WITH A "YES", THAT CONNIEWAY HUMPHREY'S HAD MENTAL CAPACITY TO MAKE DECISIONS. MICHAEL HUMPHREY, THE EXECUTOR OF THE ESTATE, WAS CALLED POST SIGNING OF THE UPDATED BENEFICIARY DESIGNATION. NO OBJECTIONS WERE MADE KNOWN TO MR. SIMMONS AT THAT TIME.