Home / Case Studies / E/O Hart & Hart Marital Trust

CASE STUDY

E/O Hart & Hart Marital Trust

Problem / Consulting Need:

Decedent was married to his second wife at the time of his passing. Decedent executed a Power of Attorney while he was alive, naming his second wife as his agent. Children believed that second wife used the Power of Attorney to improperly transfer funds belonging to decedent and/or the Marital Trust that he created. Parties agreed to court ordered Mediation. During the mediation, parties reached a settlement regarding the accounting proceedings, compulsory accounting proceedings, Marital Trust issues and issues regarding a retirement home refund.

Special Circumstances:

Use of Mediation to avoid unnecessary court costs.

Findings / Solutions:

Parties agreed on a settlement. Big win for our clients was getting the second wife to agree to pay out the refund early and not make our clients wait until she passed away to receive.

Additional Comments / Notes:

FEATURED VIDEO

Smith Legacy Law:
Your Lawyers For Life

 

Recent Posts

Is Drug Testing Reliable?

While many people will never be drug tested in their lives, the issue is coming up in more settings than ever before. Drug testing is common in certain jobs, criminal cases, schools, healthcare institutions, child custody matters, and other areas. As a result, it is...

What Rights and Property Interests Can Survive Divorce?

The result of a divorce is to render the spouses single and unmarried. The divorce also determines which party owns each of the couple’s assets or is responsible for the payment of liabilities. While the dissolution of marriage should comprehensively address all...

Revved Up for Revocable Trusts

Revocable trusts are commonly used in estate planning to avoid probate. However, they offer a wealth of other benefits. They also have disadvantages that can result in unintended consequences. To avoid problems, it’s essential to consult an attorney to determine...

What Is Wiretapping and How to Protect Yourself?

Wiretapping may seem like something that only happens when the government is investigating a crime but it occurs all the time by everyday people. Spouses, business partners, employers and employees, businesses and their competitors, and parties to a lawsuit may be...

Categories