Trial Victory in Lawsuit for Return of Funds Misappropriated by Attorney
Represented an 88-year-old man with terminal cancer who sued for the return of funds that were stolen by his attorney. Following a non-jury trial, the court found in favor of the client on all counts, ordered that all disputed funds be returned, and reserved jurisdiction to award attorneys’ fees, pre-judgment interest, and costs.
Jury Award of Over $1.2 Million in Probate Lawsuit
Following a four-day trial, a jury awarded $1.22 million to the personal representative of a decedent’s estate. The case involved promissory notes between the decedent and his ex-spouse and life insurance policy proceeds that were paid to the ex-spouse in excess of the debt owed. Following trial, the court entered a final judgment for the full amount requested by the client at trial.
Victory for Decedent’s Estate at Trial
Represented the personal representative in a dispute in which the decedent’s stepdaughter objected to the plan of distribution and sought damages exceeding $1 million against the estate. Following a trial, the court denied the stepdaughter’s objections, awarded no damages, and ruled that the estate is entitled to recover its attorneys’ fees and expenses from the stepdaughter.
Successful Defense of Summary Judgment Motion Against Trustees
Represented the trustees of family trusts where a beneficiary sued the trustees for breach of fiduciary duty, trust accountings, damages, and removal. The beneficiary’s summary judgment motion was denied as to all relief requested.
Creditor Claims Against Estate Stricken
Represented a personal representative in connection with having hundreds of thousands of dollars of creditor claims stricken and denied.
Favorable Resolution Secured in Wrongful Death Allocation Proceedings
Represented a father, one of two survivors of his deceased daughter. After the daughter’s tragic death, the mother brought a wrongful death action as personal representative of the daughter’s estate and obtained a substantial settlement. The mother sought to allocate the entirety of the settlement proceeds to herself and none to the father. The matter was litigated and resolved by a mediated settlement agreement favorable to the father.
Validity of Decedent’s Will and Trust Upheld
Represented a caretaker named as the sole beneficiary of a decedent's estate and trust. After his death, the decedent's family sought to invalidate the will and the trust. The matter was resolved in favor of the caretaker and the validity of the will and trust were upheld.
Successful Action Against Trustee of Sons’ Trusts
Represented a trustee’s sons, the beneficiaries of the trusts, in an action against the trustee for breach of fiduciary duty, damages, and removal. The action resulted in judgments that the trustee breached her fiduciary duties and would be removed, and awarded damages to the sons, including their attorney's fees and expenses.
Summary Judgment for Decedent's Mother in Federal Court
A decedent who was rendered a quadriplegic in a work-related accident prior to his death was awarded annuity contracts from worker's compensation claims and named his mother as the beneficiary. Days prior to his death, the decedent’s ex-wife attempted to have the decedent change the beneficiary of the annuities to herself. The matter was litigated and resolved by entry of summary judgment finding that the decedent's mother was the sole and rightful beneficiary and awarding the mother her attorneys’ fees and expenses.
Successful Representation of Guardian in Contested Appeal
Represented the guardian in an appeal concerning whether a guardian, upon the death of the ward, may retain guardianship assets to pay guardianship expenses. The appellate court ruled in favor of the guardian, authorizing the guardian to retain assets after the ward’s death to pay expenses, and awarded the guardian’s appellate attorneys’ fees and costs.
Administration of Estate as Court-Appointed Administrator Ad Litem
Appointed as Administrator Ad Litem of a complex, highly contested estate and successfully performed administration of the estate for the benefit of the beneficiaries.
Administration of Trust as Trustee
Served as trustee of a grandchild’s trust and successfully performed its administration, which included numerous estate, gift, and generation-skipping tax issues.
Some matters handled prior to Jones Foster.