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:

Have Questions?

Contact us to schedule your free consultation.

* indicates required fields

FEATURED VIDEO

Smith Legacy Law:
Your Lawyers For Life

 

Recent Posts

How to Appeal an IRS Decision

If the IRS has determined that you owe taxes, and has assessed a penalty against you or taken collection action, you may be able to file an appeal. However, there are a variety of rules and deadlines that apply when you appeal an IRS decision. Failing to comply with...

What Should You Do If You Receive an Audit Notice?

Receiving an audit notice from the IRS or state taxing authority is stressful, even if it is only alerting you of a minor issue. When you file a tax return, you represent to the government that the information is correct. However, the government has the right to...

What is Fiduciary Accounting?

A fiduciary, such as the executor of an estate or trustee of a trust, is in a position of power and control over the estate or trust. As such, a fiduciary has certain legal duties to the beneficiaries of the estate or trust. One of the key responsibilities of the...

Categories