Successful Defense of an Estate Plan
Successfully defended the estate plan from charges of undue influence and breach of fiduciary duty by the estate planning lawyer. The remainder beneficiary charity sought to vacate the last amendment to the trust to get the whole trust because the testator’s last revision after all the testator’s friends and family had died provided for a gift to the charity and the longtime lawyer.
Vacated the Amendment to a Trust
Vacated the amendment to a trust that have the multimillion dollar mansion to the new wife as opposed to the testator’s three children. The trust was amended outside, at night, on the hood of the car immediately before the testator was taken to the ER And in included a purported valid self-proving affidavit. Discovery showed neither witness saw the testator signed the amendment to the trust and one witness for religious reasons did not take oaths.
Established Validity of a Post-Marital agreement
Prevailed at trial establishing the validity of the post-marital agreement. The surviving spouse charged that the post-marital agreement was not valid because the same lawyer represented husband and wife and the surviving spouse was not given the chance to read the post-marital agreement that waived the interest in the homestead property.
Prevailed against the US DOJ on a Novel Issue of Law
Tax: Prevailed at trial against the US DOJ on a novel issue of law. A qualified settlement fund was entitled to an multimillion tax refund upon establishing that money paid to the qualified settlement fund’s counsel was an administrative expense of the fund and thus properly deductible.