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Home→Author Administrator1 - Page 10 << 1 2 … 8 9 10

Author Archives: Administrator1

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Standing and Discovery in Will Contest

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 →

Posted in Opinions | Tagged Attorney-client privilege, Discovery, Discovery overbroad, Standing, Will contest

Separated Spouse as Sole Heir

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 →

Posted in Opinions, Resource Types | Tagged Intestacy, Malicious Desertion, Willful Desertion

Fraud, Waiver, and Delay to Elect Against Will

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 →

Posted in Opinions | Tagged Breach of Fiduciary Duty, Fraud, Spousal Election, Statute of limitations

Enjoining Sale for Fraud or Mistake

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 →

Posted in Opinions | Tagged Fraud, Mistake, PEF 3360

Co-Executors Receiving Different Commissions?

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 →

Posted in Opinions | Tagged Co-executor, Executor Commission

Sale Denied for Lack of Need in Guardianship

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 →

Posted in Opinions, Resource Types | Tagged Guardianship, Petition to Sell Real Property

Contract Claim Denied under Statute of Fruads

In objection to account, Court found that  auctioneer did not present clear and convincing evidence of a contract, because writing violated statute of frauds.  Zimmerman, Estate of A. Jeanette, 2 Fid. Rep. 3d 314 (O.C. Clinton 2012) (Opinion by Cherry, … Continue reading →

Posted in Opinions | Tagged Claims of Creditors, Contract, Objections, Statute of Frauds

Trust Construction of “Employment”

In declaratory judgment action involving trust construction regarding the terms “employ,” “employee,” and “employment,” the Court found through clear and convincing evidence that the settlor intended for petitioner to benefit if employed by him at death and petitioner was employed.  … Continue reading →

Posted in Opinions | Tagged Declaratory Judgment, Employ, Trust Construction

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