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Probate Law
 
Amanda Meleski v. Estate of Albert Hotlen

This case involves a procedure by which an insurance company, as the entity
controlling the litigation and incurring the risk of loss, is a de facto party under Probate
Code sections 550 through 555 in “an action to establish [a] decedent’s liability for which
2
the decedent was protected by insurance” (Prob. Code, § 550),
1 and thus also is a party
under Code of Civil Pro... More...
   $0 (12-10-2018 - CA)

David Haddad v. Randall Gregg



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David Haddad su... More...
   $0 (12-06-2018 - MI)

CHANDRA NOTT, ADMN. OF THE ESTATE OF VICTOR JOHN STEGALL, DECEASED v. DEBORAH STEGALL



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   $0 (11-08-2018 - OH)

Joan Mauri Barefoot v. Jana Susan Jennings

Appellant Joan Mauri Barefoot appeals following the trial court’s decision to
dismiss her petition under Probate Code section 172001
to, among other things, set aside
the 17th through 24th amendments and declare effective the 16th amendment to the
Maynord 1986 Family Trust (Trust). The trial court dismissed the petition on standing
grounds. For the reasons set forth below, we a... More...
   $0 (11-06-2018 - CA)

State of Tennessee v. Areanna O. Lloyd

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Defendant and co-defendants Jarol Noel Jiminez and Devon Rydell Frazier were indicted for three co... More...
   $0 (10-24-2018 - TN)

A.G., a Minor, etc. v. County of Los Angeles

After an incident with sheriff’s deputies, Brian Pickett died,
leaving his partner, two biological children, and his partner’s
child, A.G., whom Brian had raised and held out as his own child.
In the subsequent wrongful death action, the trial court held that
A.G. lacked standing to sue, and entered judgment against him.
With apologies to Sigmund Freud, biology is not destiny. ... More...
   $0 (10-21-2018 - CA)

Orange Catholic Foundation v. Rose Marie Arvizu

Probate Code section 16440, subdivision (b) (16440(b)) provides that if a
“trustee has acted reasonably and in good faith under the circumstances as known to the
trustee,” a court has discretion to excuse him or her from liability for a breach of trust if it
would be equitable to do so.
1
(Italics added.) Acting under this express authority, the
trial court denied a petiti... More...
   $0 (10-19-2018 - CA)

United States of America v. Michael Dewane Overton

Mobile, AL - Michael Devane Overton Sentenced Following Guilty Plea to a Federal Firearm Charge



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Michael Devane Ove... More...
   $0 (10-02-2018 - AL)

Richard L. Fowler v. Caliber Homes Loans, Inc.





When an individual takes out a mortgage, he or she secures the loan with real property. To protect its security interest, lenders usually require borrowers to maintain hazard insurance in an amount that is at least equal to the loan’s unpaid principal balance. Should a ... More...
   $0 (10-02-2018 - FL)

Sara Hart v. Clear Recon Corp.

Following summary judgment against plaintiffs Sara and
Guy Hart in this wrongful foreclosure action, defendant
Nationstar Mortgage LLC obtained its attorney’s fees as
prevailing party, based on a clause in the deed of trust. On
appeal from the fee award, the Harts contend the clause in
question is not an attorney’s fees provision. We agree and
reverse.
FACTUAL AND PROCE... More...
   $0 (09-22-2018 - CA)

Melody Chacker v. JPMorgan Chase Bank. N.A.

Pursuant to California Rules of Court, rules 8.1105(b) and
8.1110, this opinion is certified for publication with the exception
of Parts II.A–II.B and Part II.D.

Plaintiff and appellant Melody Chacker (plaintiff)
refinanced a loan on her home and then failed to make required
loan payments, which triggered non-judicial foreclosure
proceedings. Plaintiff sued to stop the... More...
   $0 (09-19-2018 - CA)

Guadalupe A. Ontiveros v. Kent Constable

Guadalupe Ontiveros, as the minority shareholder in Omega Electric, Inc.
(Omega), sued majority shareholder Kent Constable, his wife (Karen Constable), and
Omega,1 asserting direct and derivative claims arising from a dispute over management
of Omega and its assets. In response to Ontiveros's claim of involuntary dissolution of
Omega, Appellants filed a motion to stay proceedings ... More...
   $0 (09-19-2018 - CA)

Oklahoma Attorney Mutual Insurance Company v. Christopher Mansfield, et al.

Oklahoma Attorney Mutual Insurance Company v. Christopher Mansfield, David A. Cox, Elizabeth Fox, Gayle Boyle, Sharon C. Hart, Kathryn R. Stewart, Jim McGough, and Catherine Welsh seeking a declaratory judgment determining a real and justiciable controversy among the parties respecting their rights and obligations under a certain insurance contract.

Mansfield was an attorney who practiced... More...
   $0 (09-13-2018 - OK)

Joan Mauri Barefoot v. Jana Susan Jennings

Appellant Joan Mauri Barefoot appeals following the trial court’s decision to
dismiss her petition under Probate Code section 172001
to, among other things, set aside
the 17th through 24th amendments and declare effective the 16th amendment to the
Maynord 1986 Family Trust (Trust). The trial court dismissed the petition on standing
grounds. For the reasons set forth below, we a... More...
   $0 (09-12-2018 - CA)

UNITED STATES OF AMERICA v. KURT L. MALLORY (17-3500); MARGARET L. MCKNIGHT (17-3537); SUSAN M. PIOCH (17-3538),

Martin Fewlas looked the part of a bar-dweller. Most days, he frequented various neighborhood establishments, drinking beer. At one such locale, he befriended Margaret McKnight. McKnight’s mother worked as a bartender, and McKnight often came by after school. Eventually, McKnight became a bartender too. She developed a close friendship with Fewlas—so much so that Fewlas invited McKnight to re... More...   $0 (09-05-2018 - )

Melodie Z. Scott, as Trustee, etc. v. A'Yana McDonald

Following a trial, the probate court approved, subject to a $93,036.75 surcharge,
the first and final account and report of trustee (First Report), filed by Melodie Z. Scott
(Trustee), trustee of The A’Yana McDonald Special Needs Trust (the trust). (Prob. Code, §§ 1061-1064.)1
Trustee raises three issues on appeal. First, Trustee contends
the probate court did not apply the correct... More...
   $0 (08-26-2018 - CA)

Melodie Z. Scott v. A'yana McDonald

Following a trial, the probate court approved, subject to a $93,036.75 surcharge,
the first and final account and report of trustee (First Report), filed by Melodie Z. Scott
(Trustee), trustee of The A’Yana McDonald Special Needs Trust (the trust). (Prob.
2
Code, §§ 1061-1064.)1
Trustee raises three issues on appeal. First, Trustee contends
the probate court did not apply... More...
   $0 (08-23-2018 - CA)

Christina Cortese v. John M. Sherwood

We focus on the allegations relevant to the issue on appeal. Cortese is the
biological daughter of Francesca, and the stepdaughter of Robert, both of whom are
deceased. Over the course of Francesca’s and Robert’s 23-year marriage, they “acquired
an enormous amount of wealth.” Sherwood “attended to all of their legal matters under
Robert’s direction. As their estate planning attorne... More...
   $0 (08-22-2018 - CA)

United States of America v. Randall Alan Franz Montana District Federal Courthouse - Missoula, Montana

Missoula, MT - Man Sentenced to Federal Prison for Concealing Assets During His Bankruptcy

Randall Alan Franz, a 59-year-old resident of Sandpoint, Idaho, was sentenced on Thursday to 8 months in prison followed by three years of supervised release, and ordered to pay $205,084.79 in restitution after pleading guilty to concealing assets in bankruptcy. Chief U.S. District Judge Dana Christ... More...
   $0 (08-20-2018 - ID)

UNITED STATES OF AMERICA v. KING MOUNTAIN TOBACCO COMPANY, INC.

In 2006 the late Delbert Wheeler, Sr., a lifelong-enrolled member of the Yakama Nation in Washington State, purchased “80 acres of trust property . . . from the Yakama Nation Land Enterprise, the agency of the Yakama Nation which is charged with overseeing the maintenance of real property held in trust by the United States for the benefit of the Yakama Nation and its members.” Wheeler then opened... More...   $0 (08-17-2018 - WA)

STATE OF OHIO -vs- DALTON G. SMITH

The following facts are adduced from the record of the bond revocation hearing on July 11, 2017 and the bench trial of August 3, 2017. {¶3} Appellant was age 87 at the time of these offenses. He met the victim, Jane Doe, when she volunteered at a church where he was the minister. The two have never had a romantic relationship and Doe does not want a romantic relationship with appellant. Doe... More...   $0 (08-13-2018 - OH)

Raymond Blech v. Richard Blech, Commercial Bank as Trustee, etc.

Arthur Blech died in 2011, leaving an estate worth in
excess of $65 million. At his death, his estate planning
documents included the Arthur Blech Living Trust, as amended,
and his will, which provided for the “pour over” of most of his
remaining assets into the Trust, to be administered as part of the
corpus of the Trust by a third party trustee. Arthur left most of
his es... More...
   $0 (08-07-2018 - )

State of Oklahoma v. Julie Anna Dickman MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 624 South Denver 918-398-5678 or Pat@morelaw.com

Tulsa, OK - The State of Oklahoma charged Julie Anna Dickman with:

Count # 1. Count as Filed: EMB, EMBEZZLEMENT, in violation of 21 O.S. 1451
Date of Offense: 03/18/2013
Party Name Disposition Information
DICKMANN, JULIE ANNA Disposed: DEFERRED, 08/06/2018. Guilty Plea
Count as Disposed: EMBEZZLEMENT(EMB)
Violation of 21 O.S. 1451



A. Embezzleme... More...
   $0 (08-06-2018 - OK)

IN RE: ESTATE OF JERRY WEST, Deceased, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Western District of Kentucky Federal Courthouse - Louisville, Kentucky

The Department of Veterans Affairs and the Estate of
Jerry West, a Vietnam veteran, dispute whether certain benefits owed to West at the time of his
death should be paid to the Estate. The district court remanded that dispute to Kentucky probate
court, but the government contends the dispute can be litigated only pursuant to the procedure set
forth in the Veterans’ Judicial Review ... More...
   $0 (07-16-2018 - KY)

STATE OF OHIO v. CHARLES BROWN,

On July 12, 2015, New Boston Police Officer Matthew Richardson (“Officer
Richardson”), witnessed Brown trying to break in the back door of the former Eagles building.
Brown tried to hold himself out as the owner of the building; however, Officer Richardson was
familiar with Brown from having prior contact with him; and he knew that Brown was not the
owner. As a result, Officer ... More...
   $0 (07-08-2018 - OH)

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