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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:

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