Attorney Shawn P. Eyestone's Legal Cases

Trusts

Sister vs. Sister - Trust Litigation

Sep 29, 2015

OUTCOME: $2M found or returned to trust

Several trust beneficiaries discovered that the trustee was not providing required statutory notices and was elusive when questioned about the value of the assets. When an inventory was provided, it w ... as approximately $2M less than expected. Several charities also stood to lose approximately $200k. After several months of litigation, the $2M was either "found" or returned to the trust and the trustee paid most of the beneficiaries' attorney fees in bringing suit.

Trusts

Trust Litigation - Brother vs. Brother

Jul 17, 2015

OUTCOME: Settlement for 95% of Demand, Charities paid 100%, Plus Attorney Fees

In-state brother of out-of-state client was holding back distributions to beneficiaries as apparent leverage to get client to accept a lesser amount than was owed to to sell an interest in real estate ... far below market value. The trustee also apparently intended to squeeze out the Trust-maker's grandchildren and several charitable beneficiaries of the Trust, as none of them had not been notified they were entitled to anything from the trust, either.

Guardianship

Brother vs. Sister - Probate Litigation

Feb 20, 2014

OUTCOME: Return of all $350k, Payment of Attorney Fees, and Removal of Daughter as agent for mother.

Daughter of an elderly woman with dementia disagreed with our client, her brother, on how her mother's assets should be handled. Daughter rewrote mother's powers of attorney and health care documents ... , taking control of mother and her finances. Quickly after that, she took $350,000 of mother' money to "protect" it from the "rest of the family." We negotiated a settlement with daughter and had an independent guardian and conservator appointed to protect mother and her assets.

Elder law

Elder Abuse - Niece vs. Aunt

Jul 03, 2011

OUTCOME: Return of assets, restoration of capacity and freedom of Aunt/Sister.

The niece of our client's elderly sister created false powers of attorney and health care patient advocate designations. With these in hand, she drained bank accounts, emptied a safe deposit box, crea ... ted new estate plan documents, stole a vehicle, and finally removed the sister (her aunt) and her ailing husband (her uncle) from separate physical rehabilitation facilities in Florida driving them through the night to Michigan. The husband (uncle) died within a few weeks. The aunt (sister of our client) was being held in a small windowless room against her will after the niece convinced the visiting physician (a newly-minted primary care DO) to diagnose her with dementia. We worked with local and state police to remove aunt/sister from her niece's care, assisted with the restoration of her capacity, and she is now living independently near her sister (our client)

Shawn P. Eyestone's Legal Cases (4)

Sister vs. Sister - Trust Litigation

Trust Litigation - Brother vs. Brother

Brother vs. Sister - Probate Litigation

Elder Abuse - Niece vs. Aunt