Court decided in declaratory judgment that widow’s notice of claim against decedent’s estate had merit under prenuptial agreement, pertaining to payment of mortgage and substitute payments for reduced salary, using contract construction. Campbell Estate (No. 1), 2 Fid. Rep. 3d … Continue reading
Category Archives: Opinions
Nonsuit granted in will contest for fraud and undue influence, because contestant did not establish with a clear and convincing evidence that the decedent’s lack of English skills did not affect mental state for undue influence, when decedent was a … Continue reading
The Court allowed for payment of widow’s attorney fees against estate under prenuptial agreement, which was a hybrid agreement of half hourly rate plus 20% recovered, but Court reduced attorney fees to full hourly rate plus $75,000. Campbell Estate (No. … Continue reading
The court in a will contest for undue influence held that the widow of decedent lacked standing to compel an account from the decedent’s agent under power of attorney, because only the principal or the executor of the principal’s estate … Continue reading
Issues before the Court in appeal from probate of will contest: (1) does trustee have standing; (2) does subpoena requesting decedent’s legal files violate attorney-client privilege and how should privilege be claimed per document; and (3) were the subpoenas for … Continue reading
Surviving wife held to be sole intestate heir of decedent despite being separated for more than one year, because the court held she did not willfully neglect or maliciously desert. Bortz Estate, 2 Fid. Rep. 3d 342 (O.C. Westm. 2012) … Continue reading
Issues were whether wife of decedent could elect against the will despite signing a waiver induced by fraud and whether filing petition to elect after statutory period because of fraud was justified; the Court did not find clear and convincing … Continue reading
Court denied petition to enjoin sale of real estate, because in light of all the circumstances the agreement lacked fraud or mistake. Ferrari Estate, 2 Fid. Rep. 3d 325 (O.C. Montg. 2011) (Opinion by McCormick, J.) … Continue reading
In dispute between co-executors as to the commission of one of the co-executors, who did little work and whom the other executor proposed giving no commission, Court awarded objecting co-executor 1% of the gross estate ($2,377,716), because to disallow would … Continue reading
Court denied petition of guardian for sale of 43 acres after son opposed sale, because (i) the Court already approved sale of second property with house and (ii) the 43 acres includes a cellphone tower lease for $1300 per month … Continue reading