Representative Cases

Representative Cases

Decedent’s estate: Represented executor in decedent’s estate with poorly drafted will concerning disposition of decedent’s business with property held in land trust.  Conflict existed between language of the will and designated beneficiaries of the land trust, and revision of the will was thought to be the product of undue influence by the heir inheriting the business. Successfully negotitated a Settlement Agreement among heirs which allowed for transfer of the business with payment of the bulk of estate expenses (including attorney’s fees) by the heir taking over the business.  

Represented successor trustee of father’s trust and negotiated a settlement agreement with siblings, who disputed every action taken by trustee, allowing for distribution of trust assets and termination of trust, upon father’s death.  

Intestate estate – represented illegimate son of decedent, and established heirship by testimony.  Son was appointed administrator of estate, and proceeded with citation proceedings to recover pension benefits improperly obtained by sister by way of small estate affidavit.  

Contested guardianship estate – represented adult brother of a mentally ill man, not currently in treatment or on medication, in order to preserve inherited funds.  The need for a guardianship was supported by an evaluating physician, but objected to by the mentally ill brother.  Following a hearing, in which the petitioning brother and the evaluating physician testified, an order establishing a plenary guardianship was entered.  

Trust Litigation – represented two sibling legatees in a decedent’s estate wherein a grandfather’s testamentary trust established equal shares for each sibling, yet the trust agreement could not be located.  Settlement Agreement negotiated between the successor trustee, decedent’s wife and the sibling legatees, allowing for distribution of the trust assets as per the father’s will which made reference to the testamentary trust.

Citation proceedings – represented a beneficiary of a trust. Suspected that the decedent’s financial advisor had exerted undue influence over the decedent, which in a fiduciary relationship with decedent. He obtained POA and became listed as a joint holder on several bank accounts. Information was learned through discovery that supported an allegation that the financial advisor had breached his fiduciary duty to the decedent, and all joint accounts were recovered to the trust for the benefit of the beneficiaries.