Estate of Eliot W. Mitchell, Jr.

Practice Area: Trusts

Date: February 17, 2011

Outcome: Favorable decision for spouse of deceased income beneficiary

Successful determination of 1929 Will and subsequent 1931 Trust agreement for the spouse of the decedent’s son, who died and was an income beneficiary under his father’s trust, to inherit one-third of the principal trust assets over the objection of the income beneficiary’s children. The court held that since the decedent did not exercise a power…

Estate of Fred Searles

Practice Area: Probate

Date: December 9, 2014

Outcome: Case of first impression which clarified standing under applicable statutes.

Sought memorandum decision clarifying non-marital child’s standing to be appointed fiduciary in an administration proceeding filed to discover information regarding estate assets. Court issued decision detailing a review of the statutory requirements for the appointment of first impression. Click here to review the decision.    

Estate of Dominic Swaldi v. Robert Swaldi

Practice Area: Probate

Date: March 25, 2015

Outcome: Favorable decision for estate reclaiming assets.

Assisted counsel for the estate with a summary judgment motion in regard to an order compelling guardian to repay the estate monies taken for personal gain to the detriment of the beneficiaries. Decision by the court was based upon grounds established by prior testimony by respondent in a guardianship proceeding that impeached his credibility and…

Ratings and Reviews