Fiduciary Litigation

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Kittie started dating her daughter’s boyfriend Butch when he was 17 years old. They apparently dated for over twenty years, during which time Kittie purchased him a house to “use.” Butch later moved into the house with his girlfriend Peaches. Butch and Peaches had a daughter Maggie. Butch was frequently physically abusive and often threatened both Peaches and Kittie while brandishing his .45 revolver. One night Peaches had enough. She seized Butch’s revolver after he went to bed, shot him in the back and killed him. The grand jury no billed Peaches. Their daughter was Butch’s only heir. Butch died without a will. Do Peaches’ actions affect her ability to inherit from Butch’s estate? Can Peaches become the legal representative of Butch’s estate for herself and their minor daughter Maggie? Can Kittie get her house back?Continue Reading Live-In Mom Killed Daughter’s Father: Her Rights to the Child’s Inheritance?

Mary Goodblood grew up believing that she was Cash Goodblood’s only daughter. Twenty-five years after he died, her dad’s brother Uncle Trusty sold the Goodblood family business for a tidy sum. After report of the lucrative sale was plastered on the front page of the local newspaper, Mary received a Facebook message from a stranger Désirée saying “Hi, I think your Dad is also my Dad. Do you want to exchange DNA?” In talking to her Uncle Trusty Mary learned that Désirée’s mom, Candy Onenight, had a brief relationship with Cash long before Cash and Mary’s mom got married. When Uncle Trusty, the trustee of Cash’s trust that specifically names Mary and nowhere mentions Désirée, is presented with Désirée’s claim for a share of Cash’s estate, what should Uncle Trusty do?Continue Reading “Hi, I Think Your Dad is Also My Dad”: Illegitimate Heirs – Fiduciaries

Mary Goodblood grew up believing that she was the only daughter of Cash Goodblood. One day, 25 years after Cash died, and to no one’s surprise after the lucrative sale of the Goodblood family business was plastered on the front page of the local newspaper, Mary received a Facebook message from a woman named Désirée that said “Hi, I think your Dad is also my Dad. Do you want to exchange DNA?” After doing some research, Mary discovered that Désirée’s mom, Candy Onenight, had a very brief relationship with Cash long before Cash and Mary’s mom married. Cash died thinking that he left everything to his wife Martha Goodblood and their daughter Mary under his will and trust.Continue Reading “Hi, I Think Your Dad is Also My Dad” – Inheritance Without a Will

Mary Goodblood grew up believing that she was the only daughter of Cash Goodblood. One day, 25 years after Cash died, and to no one’s surprise after the lucrative sale of the Goodblood family business was plastered on the front page of the local newspaper, Mary received a Facebook message from a woman named Désirée that said “Hi, I think your Dad is also my Dad. Do you want to exchange DNA?” After doing some research, Mary discovered that Désirée’s mom, Candy Onenight, had a very brief relationship with Cash long before Cash and Mary’s mom married. What should Mary do? If Désirée can first prove paternity – that Cash is her biological father – does she have a legitimate claim to share equally with Mary in Cash’s trust created from the sale of the Goodblood family business?Continue Reading Illegitimate Heirs – Trust Language: “Hi, I Think Your Dad is also My Dad” – Part 2

Mary Goodblood grew up believing that she was the only daughter of Cash Goodblood. One day, 25 years after Cash died and ironically after the lucrative sale of the Goodblood family business was plastered on the front page of the local newspaper, Mary received a Facebook message from a woman named Desiree that said “Hi, I think your Dad is also my Dad. Do you want to exchange DNA?” After doing some research, Mary discovered that Desiree’s mom, Candy Onenight, had a very brief relationship with Cash long before Cash and Mary’s mom married. What should Mary do? Despite the fact that Cash is not listed as the father on Desiree’s birth certificate, does she have a legitimate claim to any of the Goodblood family wealth?Continue Reading Illegitimate Heirs – Paternity: “Hi, I Think Your Dad is Also My Dad” – Part 1