Rucker v. Rucker

Plaintiff sued his uncle for mismanagement of his guardian estate after death of Plaintiff's mother when Plaintiff was 14. After bench trial, court entered judgment against uncle for $20,000. Court properly held uncle acted negligently as guardian of Plaintiff's estate. As uncle breached his duty to provide accountings of estate, and failed to document expenditures, there is no proof of how he managed it, and Plaintiff suffered damages, which are not purely speculative but are based on record. Uncle's actions in using his own assets to supplement Plaintiff's estate to provide for his care did not relieve uncle of his fiduciary duties to account for and safeguard estate assets, and uncle had no documentary evidence of how $18,300 of insurance proceeds was managed. (PUCINSKI and LAVIN, concurring.)