Saturday, November 22, 2014

Daughter Thwarted In Attempt To Boot Elderly Father Out Of His Home; Judge: Fight "Over What Amounts To Expectation Inheritence Rights"; Dad: "“I Am 71 & In Poor Health. I Am Not Going To Make It Much Longer. Couldn’t She Just Wait Until I Die?”

In Miami, Florida, The Miami Herald reports:
  • Former Miami Beach mayor-turned-convicted felon Alex Daoud does not have to move out of his home, a Miami-Dade judge ruled Monday.

    In 2012, Daoud’s daughter Kelly Hyman filed a complaint against him that said she owned the corporation that bought the $1 million, two-bedroom, three-bathroom house in the 1700 block of Michigan Avenue. At the time, she said she owned the home because her name is on the incorporation documents of the company that bought the house in 2006.

    She wanted her father out of the house and said her dad was trying to take away her corporation.

    But Daoud said he had made all the payments on the home and put the corporation in his daughter’s name only to avoid publicity. He said the home was his and that he should be able to live there for the rest of his life.

    On Monday, Circuit Judge John W. Thornton said in his 14-page ruling that it was a “business dispute that should have been in family court.”

    He ruled that Hyman is entitled to 50 percent of the company Bouganvilla Investments, which means half of the home. Daoud’s trust owns the other half. “The court finds that Ms. Hyman has tendered insufficient evidence to support her contention that she is the 100 percent owner of Bouganvilla,” he wrote. So in order for the home to be sold, the two would have to agree, the judge said.

    “A sophisticated father and daughter, both of whom have law degrees, both of whom have sophisticated counsel, are fighting over what amounts to expectation inheritence rights,” the judge wrote.

    He went on to say that Daoud is “entitled to quiet enjoyment thereof for the duration of his life.”

    Hyman's attorney Bernardo Burstein said Monday night that Hyman strongly disagrees with the order. "She will be pursuing her appellate options," he said.

    Daoud’s attorney, Alex Brito, said “it was unfortunate a daughter would be compelled to sue her father.” “We are very happy with the outcome,” he said.

    Daoud said he felt “vindicated.” "I still love her very much,” he said.
Source: Daoud wins legal battle against daughter over home.

See also, Father vs. daughter: Former Miami Beach mayor Alex Daoud sued for his house (Alex Daoud, the ex-Miami Beach mayor who served 18 months in federal prison for charges including bribery, is now facing off against his daughter in a suit over his Michigan Avenue home):
  • I am 71 and in poor health,” he said. “I am not going to make it much longer. Couldn’t she just wait until I die?”

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