Estate of Margaret Guss
Jan 22, 2003OUTCOME: Favorable Settlement - Will Contest
Our firm represented the majority of the heirs at law of the decedent in contesting her Final Will. Our position was that the Will was procured by undue influence of the named beneficiaries. The ... decedent was a spinster who resided with her sister for their entire lives. The sisters were in their 80's when the sister was struck and killed by an automobile. Shortly thereafter, the surviving sister was diagnosed with advanced cancer. While in the hospital and just prior to being taken in for surgery the main beneficiary came to the hospital with attorneys from his business' law firm. Not surprisingly the Will that they brought with them left nothing to anyone other than the beneficiary and his cohort. In this case one of the significant factors was that the beneficiary had no close relationship with the decedent - he didn't visit often until the decedent was very ill. Additionally, the fact that the attorneys were affiliated with the beneficiary worked against supporting the Will as a true expression of the decedent's wishes. After two years of being in litigation and the denial of the Will proponents' Motion for Summary Judgment a Family Settlement Agreement was reached with all interested parties. In our clients' minds - justice prevailed!
