Michael Todd Smith's Legal Cases (2)

Probate

In re: Estate of Holtzclaw

Sep 18, 2008

OUTCOME: Attorney's Fees Granted on Remand

Dispain filed her Petition for Attorney's Fees after Court Ordered final settlement of estate improperly held open for over twenty years by executor Waters. Court awarded Dispain's attorney's fees out ... of estate and failed to preclude Waters from paying her attorney's fees out of estate. Dispain appealed. Court of Appeals reversed. Dispain's attorney's fees were levyed against Waters. Waters had to reimburse estate for her fees paid by estate related to Waters' wrongdoing.

Probate

Estate of Albert Robertson

N/A

OUTCOME: Lawyer who drafted Will denied beneficiary status

A lawyer served as a Veteran's Administration Guardian for and incapacitated adult, and drafted a Will for him leaving himself (the lawyer) as a large beneficiary, and named one of his colleagues as Ex ... ecutor. Ms. Stokes, a niece and caretaker of the incapacitated adult, challenged the lawyer's "self-dealing" in making himself a beneficiary. The Supreme Court the lawyer could not be a beneficiary. Ms. Stokes was ultimately appointed as the represenative of the estate.

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