Rambo Litigation Fails

The Delaware Court of Chancery concluded that objections to an estate came too late

The allegations in this action are concerning. The petitioner avers that the respondent, a former teacher, set out to befriend and manipulate two remarkable, elderly women into giving her great power over their lives and estates. These actions, per the petitioner, netted the respondent millions of dollars. But as concerning as this tale may be, the petitioner has failed to state a viable claim for which relief can be granted. The primary reason: she waited too long.

The decedent

This dispute concerns the estate of Ellan Levitsky Orkin (the “Decedent”). The Decedent lived a long life; she passed on November 20, 2019 when she was 99 years old. Around twenty (20) years before her death, she became acquainted with Kimberly S. Fischer (the “Respondent”). The Decedent’s cousin and niece by marriage, Tina Renee Rambo (the “Petitioner”) challenges this relationship, and the Respondent’s motivations and conduct, through this action. But before I address that challenge, I begin with the relevant touchpoints in the Decedent’s long life, cognizant that no report could do such an extraordinary woman justice.

Hero sisters

The Decedent, and her sister Dorothy Levitsky Sinner (“Dorothy”), served as registered nurses in the United States Army Nurse Corp during World War II. They served in combat zones, including on D-Day in Normandy, France in June of 1944. In recognition of their service, they were honored at the D-Day Memorial Celebration in Normandy in June 2012, and each received the French Legion of Honor Medal in Washington, D.C. in September 2012.

They met Respondent around 1998

Between 2012 and 2017, the Decedent executed numerous new wills and restated trusts, until the final versions signed on April 18, 2017 (the “Final Will” and “Final Restated Trust”). Through the amendments, the Respondent’s share was gradually increased from being a 37.5% residuary beneficiary (like the Petitioner) in the September 25, 2012 restated trust, to being the beneficiary of a specific bequest of $250,000.00 and the entire residuary, if she survived the Decedent. While the Respondent’s inheritance increased, the Petitioner argues her inheritance decreased, from her largest expectation of receiving 50% of the residuary, an estimated five to ten million dollars, to a $750,000.00 specific bequest.

Petitioner loses

Most of the Petitioner’s claims are either expressly time barred or seek a collateral attack on the Decedent’s uncontestable final wishes. There is no viable basis for tolling the applicable limitations or permitting the Petitioner a workaround. More compelling is the need for finality in the Decedent’s estate. The only claims outside this bucket relate to the POA. But as explained herein, I find the Petitioner does not have standing to assert such claims at this time.

(Mike Frisch)