Represented the successor trustees to a trust where, after the decedent passed, the decedent’s independent guardian sought to revise and disinherit the trust’s nominated beneficiaries. After filing a motion to dismiss, engaged in global negotiations to resolve all claims against the successor trustees. Matter settled favorably for client.
Institutional trustee changed their interpretation of New York trust and Pennsylvania power of appointment after 15 years, now precluding income beneficiary from taking lifetime withdrawals of principal. Brought suit against institutional trustee alleging they were incorrectly interpreting the trust, and further, that they should be estopped from changing their position on the power of appointment’s reading. Matter settled favorably for the client.
Client was in default of a settlement agreement for over a year. Summary proceedings had been instituted against him, which pursuant to the settlement’s terms would have cost him potentially his house, $700,000 in damages, and his adversary’s attorney’s fees. Developed theory that settlement had not been fully performed, and thus it was voidable under common law doctrine of accord and satisfaction. After filing motion to dismiss, adversary waived damages, foreclosure, and attorney’s fees, and offered a discount on original settlement sum to resolve matter.
Represented Administrator of Estate who had also served as power of attorney for decedent. In these twin roles, she had served as fiduciary of decedent for almost a seven-year period. Five years into the litigation, an accounting was demanded by four other beneficiaries for the entire span of time. Working with the client, we reconstructed seven years’ worth of an accounting. Account settled in client’s favor upon judicial order with no opposition.
Represented residuary beneficiary of trust where trustee had misappropriated almost $200,000 in trust assets. Commenced turnover proceeding and petition to compel accounting. Trustee immediately agreed to return money, and further, agreed to produce annual accountings, and waive his right to amend or alter any conditions of the trust with respect to beneficiary distributions going forward.
Beneficiary of health insurance plan sought reimbursement for hundreds of thousands of dollars in mental health and substance abuse treatment that the carrier refused coverage for. Brought complaint alleging a variety of contract and common law torts; launched investigation of possible bad faith claims matter, and classable features. Matter settled favorably for the client.
Defended property owner to oppose a petition by neighbor seeking access to perform emergency repairs to their property. Court ordered that the plaintiff would have to pay to lease property from the defendants for a set sum, engage an architect, and obtain additional insurance for the project.
Represented brother of decedent who discovered his sister had a husband who no one had met, and who was missing for several years. Located husband while defending estate in protracted foreclosure proceeding. Foreclosure was dismissed, and despite statutory preference for husband to inherit, obtained settlement in favor of the brother and his family.