Attorney Heidi Rai Stewart's Legal Cases

Litigation

Minor child’s interests not recognized by Trustee

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OUTCOME: A new Trustee was appointed by the court, the child’s interests were completely restored and his attorneys’ fees were paid from the share of the defendant Trustee.

After a child’s father passed away, he should have received his late father’s interest in a trust by statute; however, the trustee did not recognize the child’s interests. On behalf of the child, litig ... ation was commenced seeking, among other remedies, an accounting of the trust and removal of the Trustee.

Litigation

Husband’s nephew takes advantage of surviving spouse.

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OUTCOME: Litigation was commenced making allegations of fraud, conversion, and undue influence. Ultimately, a favorable monetary settlement was reached and substantial funds were reimbursed to the wife.

A husband and wife were married for more than 20 years and had no children. The husband had taken sole responsibility of the family finances, and after he passed away, his nephew provided assistance to ... the wife. When the wife became ill, her brother became more involved in her finances and noticed substantial money was missing from her portfolio. On behalf of the wife, an investigation was conducted which determined that most of the missing money had been transferred to the nephew without the wife’s knowledge, despite the nephew’s claim that the money was given to him.

Litigation

Defense of Will before the Supreme Court of Pennsylvania.

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OUTCOME: The great-niece prevailed at the trial court level, the Superior Court level and the Supreme Court level. The great-niece also prevailed when the appellant niece requested reconsideration at the Supreme Court level and was denied.

The great-niece of an elderly, unmarried, childless, incapacitated man held Power of Attorney for him. Upon his death, she and other great-nieces and nephews were the beneficiaries of millions of dolla ... rs under the man’s Will. However, a niece contested the Will alleging that part of the estate was not included in the Will and therefore those assets should be distributed as if no Will existed, and be distributed to her. On behalf of the great-niece, we defended the Will by production of the decedent’s past seven Wills, including his first Will written in his own handwriting showing that the niece was not a person permitted under the laws of the Commonwealth of Pennsylvania to bring a Will contest.

Elder law

Elderly couple with no relatives receives care and assistance for proper placement and relocation.

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OUTCOME: With help from a placement professional, husband and wife are now living where husband has constant access to wife and both are enjoying a higher standard of care.

Husband resided alone in dilapidated row house after moving wife into a memory care unit of his choosing. Husband felt pressure not to leave home and join his wife because of the overwhelming amount o ... f work require to clean out the house. We engaged the services of a professional organizer who emptied the home by selling and donating unwanted items. Husband moved to same facility as his wife and his apartment was furnished with keepsakes from home. We negotiated the sale of the house. We hired a geriatric care manager to assist with husband and wife's day to day needs and doctor appointments. It soon became obvious that care at the facility husband had chosen was less than adequate for both husband and wife.

Heidi Rai Stewart's Legal Cases (4)

Minor child’s interests not recognized by Trustee

Husband’s nephew takes advantage of surviving spouse.

Defense of Will before the Supreme Court of Pennsylvania.

Elderly couple with no relatives receives care and assistance for proper placement and relocation.