Probate Law
 
Anne (Sandy) Batchelor-Robjohns v. United States of America

This is an appeal of a federal income tax refund suit filed by the Estate of
George Batchelor (“Estate”).
1
Counts I and II of the Estate’s three-count
Complaint involve Batchelor’s personal income taxes for 1999 and 2000. Count
III concerns the Estate’s attempt to claim a credit for its 2005 income taxes for
payments it made in settlement of various lawsuits aga... More...
   $0 (06-05-2015 - FL)

Louise Broten v. James Broten

[¶1] James Broten appealed from a judgment and amended judgment, following a bench trial, finding that as personal representative to Olaf Broten's estate, he had breached his fiduciary duties by transferring real property to himself, and awarding Louise Broten damages in the amount of the fair market value of the property. We affirm and remand for further proceedings.

I

[¶2] Ja... More...
   $0 (05-27-2015 - ND)

In the Estate of Adrian Neuman

In this appeal from a proceeding in a probate matter, the appellant complains that the trial court improperly denied his motion to transfer venue, and he argues that the charge failed to properly submit the question of whether the decedent had testamentary capacity when executing his will. We hold that the trial court properly overruled the appellant’s motion to transfer venue and properly denie... More...   $0 (05-14-2015 - TX)

Rowland Martin, Jr. v. Edward L. Bravenec and 1216 West Ave., Inc.

This is an accelerated appeal of two orders. The first order grants a temporary injunction, and the second order denies a motion to dismiss filed pursuant to the Texas Citizens Participation Act.1 We affirm both orders.
BACKGROUND
Appellee Edward L. Bravenec was a co-owner of a second lien on property located at 1216 West Avenue, San Antonio, Texas (the “Property”). In 2006, the owner ... More...
   $0 (05-13-2015 - TX)

Pamela Gillie v. Law Office of Eric A. Jones, L.L.C.

Plaintiffs Pamela Gillie and Hazel Meadows appeal the district
court order entering summary judgment in favor of Defendants Eric A. Jones; the Law Office of
Eric A. Jones, LLC (“Jones Law Office”); Mark J. Sheriff; Sarah Sheriff; and Wiles, Boyle,
Burkholder & Bringardner Co., LPA (“Wiles Law Firm”). Plaintiffs brought this action under
the Fair Debt Collection Practices Ac... More...
   $0 (05-08-2015 - OH)

Mark S. Novak v. Michael Fay, as Trustee

Plaintiff, Mark S. Novak, seeks to enforce an attorney fee lien on assets held by the Dana Teitler Trust dated August 20, 1999 (Dana Teitler Trust). The present petition to enforce the attorney fee lien arises out of plaintiff‟s representation of Douglas Kelly between 2007 and 2012. In 2007, plaintiff and Mr. Kelly executed a contingency attorney fee agreement. The contingency fee agreement gran... More...   $0 (04-28-2015 - CA)

Thomas W. Sefton, Jr. v. Harley K. Sefton

Plaintiff Thomas W. Sefton, Jr. (Thomas Jr.) appeals a judgment awarding him $565,350, plus interest, from the estate of his grandfather, Joseph W. Sefton, Jr. (Grandfather). The probate court, interpreting our prior opinion in this matter (Sefton v. Sefton (2012) 206 Cal.App.4th 875 (Sefton I)), determined this sum to be the " 'substantial' share" of Grandfather's estate to which Thomas Jr. was e... More...   $0 (04-24-2015 - CA)

In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this
interlocutory appeal from the trial court’s order denying its motion to compel
arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. &
Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed
under the same circumstances that an appeal from a federal court orde... More...
   $0 (04-23-2015 - TX)

Estate of Amine Britel, decased

Amine Britel died intestate in 2011. Appellant Jackie Stennett, the mother of A.S., a child born out of wedlock, petitioned to administer Amine’s estate and for A.S. to be declared Amine’s heir under Probate Code section 6453, subdivision (b)(2)
(section 6453(b)(2)).1 Under section 6453(b)(2), a nonmarital child may establish that he or she is the natural child of an intestate decedent by ... More...
   $0 (04-23-2015 - CA)

Chad P. Johnson v. Chris M. Melson

In 2007, Chad P. Johnson and Stewart S. Minnick entered into a written agreement whereby, after Minnick’s death, Johnson would purchase farmland he had been renting from Minnick and Minnick’s sister for a specified price. The purchase price was to be funded by an insurance policy owned by Johnson on Minnick’s life. Following Minnick’s death in 2012, the proceeds of the policy were paid to ... More...   $0 (04-17-2015 - NE)

Barry Hollman v. South Dakota Department of Social Services

[¶1.] The Department of Social Services (DSS) provided Medicaid benefits to Darlene Hollman while she was in a nursing home. At that time, Hollman had an interest in real estate. DSS did not record a lien on the property for the benefits it had provided until after Hollman died. Hollman’s children contested the lien’s validity. The circuit court granted summary judgment for DSS, ruling that t... More...   $0 (04-15-2015 - SD)

Kerwin Eagleman, et al. v. Diocese of Rapid City, et al.

[¶1.] This appeal requires us to construe statutes of limitation affecting childhood sexual abuse claims against entities that allegedly failed to take steps to safeguard children from known or suspected molesters. Plaintiffs allege that they were sexually abused sometime during the late 1950s through the early 1970s by certain priests, brothers, nuns, and others when they were children attending... More...   $0 (04-15-2015 - SD)

State of Oklahoma v. Christopher I. Mansfield

¶1 On January 16, 2014, the Oklahoma Bar Association (OBA) filed a complaint against attorney Christopher I. Mansfield, alleging professional misconduct as authorized by Rule 6.1 of the Rules Governing Disciplinary Proceedings (RGDP).1 After hearing the testimony of several witnesses and being presented with exhibits, the Professional Responsibility Tribunal (PRT) concluded that Mansfield violate... More...   $0 (04-13-2015 - OK)

In the Matter of the Compensation of Gary D. Sather, Claimant v. Saif Corporation

The decision of the Court of Appeals is reversed, and the
case is remanded to that court for a determination of the
merits of the petition for judicial review.
______________
* Judicial review from Amended Opinion and Order from Workers’ Compensation
Board dated January 20, 2011. 262 Or App 597, 325 P3d 819 (2014).
Cite as 357 Or 122 (2015) 123
The personal representa... More...
   $0 (04-09-2015 - OR)

Stephen Paul v. Richard Patton

The decedent, Gilbert Paul, retained attorney Richard Patton to draft an amendment to his revocable living trust. The decedent signed the “Trust Amendment,” which, as drafted by Patton, named the decedent’s wife, Helen, and his children, Stephen Paul, David Paul, Alan Paul, and Nancy Dybdahl as beneficiaries. Stephen and David Paul also are the successor trustees of the trust. Following the ... More...   $0 (04-09-2015 - CA)

Angela Britton v. Thomas V. Girardi

Plaintiffs Angela Britton and others appeal judgment after the trial court sustained the demurrer of defendants to plaintiffs’ second amended complaint (SAC) for damages based upon defendants’ alleged failure to obtain their informed consent to an aggregate settlement, and defendants’ misappropriation of and failure to account for the settlement funds. Plaintiffs were represented by defendan... More...   $0 (04-01-2015 - CA)

Deborah Herting v. California Department of Health Care Services

In this case we are called upon to examine the relationship between “special needs trusts,” which allow certain individuals to qualify for public medical assistance under the federal Medicaid program, and the provisions entitling the state to recover the amounts it has paid to provide such assistance. Deborah Herting, trustee of the Alexandria A. Pomianowski Special Needs Trust, appeals... More...   $0 (03-27-2015 - CA)

Estate of Camellia A. Keagy, deceased, through its personal representative, P. Gae Widdows v. Connie L. Heflin and Dennis Heflin

Tulsa, OK - Estate of Camellia A. Keagy, deceased, through its personal representative, P. Gaye Widdows v. Connie L. Heflin and Dennis Heflin on conversion theories:

1. P. Gae Widdows is the duly appointed Personal Representative of the Estate of Camellia A. Keagy filed in the Tulsa County District Court in case number PB-2012-584 (“the Probate”).
2. Camellia A. Keagy (“Camellia... More...
   $1 (03-25-2015 - OK)

Ken R. Baker v. Alfonse Castaldi

Respondent and plaintiff Ken R. Baker sued Theresa Castaldi1 and appellant
Alfonse Castaldi for allegedly stealing antiques he owned. Plaintiff 2 sought punitive
1 Theresa Castaldi was a defendant in the trial court proceedings, but is not an
appellant in this appeal.
2 We refer to Ken R. Baker as “plaintiff” to distinguish him from appellant
Annette Baker, trustee of the A... More...
   $0 (03-18-2015 - CA)

Daniel Ukkestad v. RBS Asset Finance, Inc.

Daniel Ukkestad, who is a co-trustee of the Larry Gene Mabee Revocable Trust (the Trust), appeals from the probate court's order denying his petition to confirm that two parcels of real property are part of the Trust's assets. We conclude that the probate
2
court erred in denying the petition, and we accordingly reverse the probate court's order and remand with directions that the probate ... More...
   $0 (03-18-2015 - CA)

Demetra F. Blinn v. Patricia A. Carlman and Brian Blinn

The final judgment invalidating the April 2, 2008 will based on undue influence is supported by substantial competent evidence and, thus, we affirm. Hendershaw v. Estate of Hendershaw, 763 So. 2d 482, 483 (Fla. 4th DCA 2000) (“The probate court’s findings in a will contest shall not be overturned where there is substantial competent evidence to support those findings, unless the probate judge ... More...   $0 (03-18-2015 - FL)

Ioan Ciungu v. Melania Bulea

Ioan Ciungu (“Appellant”) appeals an order of the probate court that (1) includes certain real property parcels in the Estate of Victoria Ciungu (“Estate”), (2) directs the Estate’s personal representative to issue deeds conveying the two
parcels to Appellant and Melania Bulea (“Appellee”), the decedent’s children, as tenants in common and (3) partially vacates a prior order in... More...
   $0 (03-18-2015 - FL)

In the Matter of the Estate of McGahey

¶1 Respondent/Appellant James McGahey (Respondent) appeals from the trial court's March 26, 2014 Order granting the motion for summary judgment of Petitioner/Appellee Ray McGahey (Petitioner), and from the trial court's April 23, 2014 Order determining, among other matters, the heirs at law of Ernest A. McGahey (Decedent). Based on our review, we affirm.

BACKGROUND

¶2 Petitione... More...
   $0 (03-18-2015 - OK)

In re Marriage of Rifkin & Carty

This appeal arises from a long and contentious child custody dispute between appellant Richard Rifkin (Father) and respondent Kimberly Carty (Mother).1 In September 2012, the family court issued an order declaring Father a vexatious litigant and prohibiting him from filing any new litigation in propria persona without first obtaining leave of court (the prefiling order), and ordered him to pay som... More...   $0 (03-06-2015 - CA)

Kish D. Powell v. The State of Texas

Kish D. Powell filed a suit against the State of Texas for a declaratory judgment of inability to pay property taxes and for injunctive relief. Before service of process, the trial court dismissed the case as frivolous and for failure to comply with the procedural requirements that apply to litigation filed without payment of costs by persons incarcerated in the Texas Department of Criminal Justic... More...   $0 (03-05-2015 - TX)

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