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Brothers Accuse Uncle And Cousins Of Undue Influence Over Late Father's Estate

FLORIDA RECORD

Sunday, December 22, 2024

Brothers Accuse Uncle And Cousins Of Undue Influence Over Late Father's Estate

State Court
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6th Judicial Circuit of Florida Pinellas County | Official Website

In a dramatic family legal battle, two brothers have accused their uncle and cousins of manipulating their late father's estate to enrich themselves. Jonathan E. Sussman and Jeffrey G. Sussman filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on November 18, 2024, against Stephen A. Sussman, Barbra Leidner, and Charles Leidner. The plaintiffs allege that the defendants conspired to exert undue influence over their father, Harvey P. Sussman, during his final years when he was suffering from severe cognitive decline.

The lawsuit unfolds a complex tale of alleged betrayal within a family torn apart by greed and manipulation. Harvey P. Sussman, who passed away on April 2, 2022, at the age of 77 in Pinellas County, Florida, had moved from New Jersey to Palm Harbor around 2005. His sons claim that despite being diagnosed with dementia with aphasia—a condition severely impairing his communication abilities—Harvey executed multiple estate planning documents in 2019 under questionable circumstances. These included a Last Will and Testament and a Revocable Living Trust Agreement that named his sons as remainder beneficiaries.

However, the plaintiffs assert that their uncle Stephen—who served as Harvey's power of attorney—and cousins Barbra and Charles took advantage of Harvey's deteriorating health to gain control over his affairs. They accuse Barbra and Charles of isolating Harvey from others while taking charge of his financial life and day-to-day activities. "As Decedent’s physical and mental condition deteriorated," the complaint states, "Barbra and Charles inserted themselves into Decedent’s day-to-day affairs to exercise complete control over him."

Central to the case is an alleged scheme involving millions of shares in Cytta Corp., which Harvey purchased between January 2019 and January 2021. The plaintiffs contend that Stephen and Barbra orchestrated inter vivos transfers—gifts made during one's lifetime—of these shares to themselves and other family members under false pretenses. In one instance detailed in the complaint, Stephen purportedly misled a stock transfer agent by using an outdated power of attorney document to authorize share transfers.

The plaintiffs argue that these actions were taken without Harvey's true consent or understanding due to his impaired state—a situation they claim amounts to undue influence under Florida law. They are seeking damages exceeding $50,000 for each count against all defendants involved in this alleged conspiracy.

Jonathan E. Sussman and Jeffrey G. Sussman are represented by attorneys Charles A. Samarkos from Johnson Pope Bokor Ruppel & Burns LLP; Mark M Wall; Jarod A Brazel; Hill Ward & Henderson PA while no defense attorneys have been listed yet for Stephen A Sussman Barbara Leidner or Charles Leidner The case has been assigned Case Number:24-005066-CI before an unnamed judge

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