Probate Law
 
Melissa Foster v. Vernon McDowell

¶1 In this paternity action, Respondent/Appellant, Vernon McDowell, appeals from the trial court's decree of paternity and its order denying his motion to vacate the decree of paternity. Appellant admitted to the trial court that he is the putative father of the minor child, R.D.P. Based on that admission, we cannot find the trial court exceeded its jurisdiction in decreeing Appellant's paternity... More...   $0 (03-02-2015 - OK)

Jeffrey Siegel v. Elisabeth Fife

The objector, Elisabeth Fife, appeals from a probate court’s order confirming the sale of real property belonging to a trust. The objector is a beneficiary of the Betty Jean Brown Revocable Trust, dated September 1, 2005 (the 2005 trust). The trust provided that upon Ms. Brown’s death, the objector would receive specific real property for the care of Ms. Brown’s cats. Ms. Brown’s conservat... More...   $0 (02-26-2015 - CA)

Calvo Fisher & Jacob, L.L.P. v. David J. Lujan

This is the third in a series of appeals filed by appellant David Lujan in this case, the general background of which was described in our introduction in the earlier opinion: “A prominent Guam attorney [Lujan] was sued in two lawsuits in Hawaii, followed by a third lawsuit in California, the last of which, were it to succeed, could have cost the attorney millions of dollars, loss of his reputat... More...   $0 (02-19-2015 - CA)

Arlyne Beth Helfenbein v. Estelle Baval

Arlyne Helfenbein (“Daughter”) appeals an order granting Estelle Baval’s (“Wife”) motion for summary judgment and finding that she is entitled to take an elective share of her deceased husband’s estate. We find that a genuine issue of material fact remains and reverse and remand for further proceedings.
Facts
Bernard Baval (“Testator”) died on October 29, 2010. Daughter was... More...
   $0 (02-18-2015 - FL)

Mary Moczygemba v. Thomas J. Moczygemba and Harry Lee Moczygemba

Mary Moczygemba appeals the trial court’s granting of summary judgment in favor of her sons Thomas J. Moczygemba and Harry Lee Moczygemba. According to Mary, the trial court erred in determining that the statute of limitations barred her claims for breach of fiduciary duty. We affirm.
BACKGROUND
Appellant Mary Moczygemba (“Mary”) is the mother of Appellees Thomas J. Moczygemba and Ha... More...
   $0 (02-18-2015 - TX)

Baron Ablon v. Bari Ablon Campbell

Bari Ablon Campbell, Rachelle Ablon, and Baron Ablon are Fred Rude Ablon’s children. In January 2011, Bari and Rachelle filed an Application for Appointment of Permanent Guardian of Person and Estate of their father Fred in probate court in Dallas County.2 The court subsequently appointed an attorney ad litem and a guardian ad litem for Fred. In September 2011, their brother, Baron, entered his ... More...   $0 (02-17-2015 - TX)

Charles Mitchell v. Ruth Houston

In a pro se lawsuit filed against his sister, appellant Charles Mitchell asserted that
appellee Ruth Houston had unlawfully dispossessed him of his real and personal property with
an invalid power of attorney. After receiving an adverse judgment, appellant filed a pro se
appeal raising three issues: (1) the durable power of attorney is not legally enforceable;
(2) appellant was dep... More...
   $0 (02-10-2015 - TX)

In the Estate of Edith Ann Hamner

In this will contest case, we are asked to decide whether the trial court erred by granting a motion for directed verdict favoring the proponent of the testatrix’s 1997 will. In three issues, the appellants argue that the trial court improperly granted the motion for directed verdict, erred by admitting the testatrix’s 1997 will for probate, and erred by denying a post-trial motion, which aske... More...   $0 (02-05-2015 - TX)

Adam J. Blumberg v. Gloria M. Minthorne

This case is a dispute about the administration of a family trust and the interpretation of trust documents. At the conclusion of a bench trial, the court decided in favor of plaintiff Adam J. Blumberg, the step-grandson of defendant Gloria Minthorne.1 Gloria was ordered by the court to file an accounting and quitclaim certain property to Adam. Gloria appealed. She quitclaimed that property to her... More...   $0 (02-04-2015 - CA)

Joline Ferguson v. Robert M. Yaspan

Allyn Ferguson (Allyn)1 and his wife, plaintiff Joline Ferguson (Joline), (collectively, the Fergusons) offered to sell their attorney, defendant Robert M. Yaspan (Yaspan) and his wife (collectively, the Yaspans) an interest in a London flat they owned. At Yaspan’s suggestion, the Fergusons hired independent counsel and the parties exchanged five drafts before signing a written agreement in 1995... More...   $0 (01-20-2015 - CA)

The People v. Israel O.

Israel O. was born in Mexico and is not a United States citizen. He was adjudged
a ward of the juvenile court as a result of admitting a misdemeanor violation of Penal
Code section 496, subdivision (a). Israel requested that the court make the factual
findings that would qualify him for special immigrant juvenile (SIJ) status under federal
law (8 U.S.C. § 1101(a)(27)(J); hereafter... More...
   $0 (01-16-2015 - CA)

Frank J. Schuster v. Kathleen Wild

Appellants, Frank J. Schuster, individually and as executor of the estate of Frank
Schuster, Frank Schuster Farms, Inc., Frank Schuster Farms and Frank Schuster Farms,
2
Ltd., appeal from the trial court’s refusal to confirm the arbitrator’s order and its vacatur of that award. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West, Westlaw through 2013 3d C.S.) (“A party may appe... More...
   $0 (01-15-2015 - TX)

Robert Blechman and Cathy Blechman Chermak v. Estate of Bertram Blechman

In this probate administration case, the children of Bertram Blechman (“the Decedent”)—Robert Blechman and Cathy Blechman Chermak—challenge an order determining their father’s ownership interest in a limited liability company to be part of his probate estate. By virtue of a provision in the operating agreement of the limited liability company, the Decedent’s membership interest immedia... More...   $0 (01-07-2015 - FL)

Clifford Charles Tyler v. Hillsdale County Sheriff's Department

This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. § 922(g)(4), violates the Second Amendment.

Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing an emotiona... More...
   $0 (12-26-2014 - MI)

Wendolyn Messner v. Mark L. Boon

Wendolyn Messner, as the administratrix of the estate of Delbert M. Messner, filed suit May 14, 2013, against an attorney, alleging that the attorney had been negligent and had breached his fiduciary duty in the attorney’s legal representation of both Delbert (during his lifetime) and the executrix of his estate, Juanita Bengel (Delbert’s niece), after Delbert’s demise. The trial court grant... More...   $0 (12-19-2014 - TX)

In the Matter of the Estate of Sweetie J. Boyle, Decased

This is an appeal from the County Court at Law No. 2 of Midland County, sitting in probate. A bank that was a predecessor in interest of Appellee, JPMorgan Chase Bank, National Association (JPMorgan), filed the underlying probate proceeding in 1996. The bank’s successor in interest filed a petition for declaratory judgment in the probate proceeding in 1999. Appellant, Richard D. Jones Jr. (Jones... More...   $0 (12-18-2014 - TX)

Deborah Cosman v. Joseph Rodriguez

After nearly fifty years of marriage, Joseph Rodriguez shot and killed his
wife, Wanda. Although he claimed his wife's death was a suicide, Rodriguez was
convicted of second-degree murder and sentenced to life in prison. In this appeal
Deborah Cosman, the personal representative of Wanda Rodriguez's estate, challenges
- 2 -
an adverse final judgment in the wrongful death action... More...
   $0 (12-17-2014 - FL)

Pacific Corporate Group Holders, LLC v. Thomas Peck

Pacific Corporate Group Holdings, LLC (PCGH) brought this action against its former employee, Thomas Keck, seeking to collect on a promissory note. Keck defended against the action by claiming that any money that he owed PCGH was offset by monies that PCGH owed him. Keck also filed a cross-complaint against PCGH seeking damages for unpaid bonus and severance payments that he claimed were due to hi... More...   $0 (12-12-2014 - CA)

Aaron Jordan, Michael Jordan, Heather Jordan, Gilbert Jordan, Phyllis Ann Woods and Donna Joyce Curtis v. Cynthia Kay Lyles

Aaron Jordan, Michael Jordan, Heather Jordan, Gilbert Jordan, Phyllis Ann Woods, and Donna Joyce Curtis appeal the trial court‟s judgment notwithstanding the verdict entered in favor of Cynthia Kay Lyles. In two issues, Appellants argue that the trial court erroneously rendered judgment notwithstanding the jury‟s verdict and, alternatively, the evidence supports the jury‟s verdict for interf... More...   $0 (12-10-2014 - TX)

Janetta J. Gardiner v. Nedra V. Taufer

¶ 1 This case involves a challenge by relatives of Mr. Kenneth Vanderwerff to an action for a posthumous declaration of unsolemnized marriage brought by Mr. Vanderwerff’s romantic partner and personal representative of his estate—Ms. Janetta Gardiner. We are asked to determine when and how service of process is to be made in the unusual circumstance where a petitioner seeks a declaration of m... More...   $0 (12-09-2014 - UT)

Leticia Morales v. Zenith Insurance Company

In a breach of contract action brought by the estate of a deceased employee against his employer’s workers’ compensation and employer liability insurance carrier, the United States Court of Appeals for the Eleventh Circuit certified the following questions of Florida law:1
(1) DOES THE ESTATE HAVE STANDING TO BRING ITS BREACH OF CONTRACT CLAIM AGAINST ZENITH UNDER THE EMPLOYER LIABILITY PO... More...
   $0 (12-04-2014 - FL)

Laura S. Wassmer and Stephen B. Hopper v. Jo N. Hopper

Stephen Hopper, Laura Wassmer and their stepmother Jo Hopper bring cross appeals from a summary judgment in a probate proceeding. The decedent, Max Hopper, married Jo Hopper in 1981. During the marriage, they purchased a home on Robledo Drive which they occupied until Max’s death on January 25, 2010. Max died intestate. The couple had no children. Max’s two children by a prior marriage, Stephe... More...   $0 (12-03-2014 - TX)

Edwards Wildman Palmer v. Shaihrokh Mireskandari

The question before us is whether the attorney-client privilege applies to intrafirm communications between attorneys concerning disputes with a current client, when that client later sues the firm for malpractice. We conclude that when an attorney representing a current client seeks legal advice from an in-house attorney concerning a dispute with the client, the attorney-client privilege may appl... More...   $0 (11-25-2014 - CA)

In The Estate of James M. Luthen, Deceased

This appeal concerns James M. Luthen's will and trust. The trial court granted
traditional summary judgment in favor of appellee Donald Ley,1 the named executor in
Luthen's will, and against appellants Patrick James Luthen, individually and as next
I Donald Ley is married to Luthen's daughter Sandra Ley.
friend of Andrew Luthen, and Rachel Luthen (collectively "contestants").2 Cont... More...
   $0 (11-24-2014 - TX)

Conservatorship of the Person and Estate of Louise E. Townsend

In this dispute over title to real property, petitioner and respondent Nationstar Mortgage, successor in interest to Aurora Loan Services, LLC (hereafter, Lender),1 attempts to appeal from a judgment in favor of petitioner Barbara L. Gonzales, as conservator of the person and estate of Louise E. Townsend, following a trial before the Honorable Thomas F. Nuss, a retired superior court judge appoint... More...   $0 (11-17-2014 - CA)

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