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Yeah. So, I represented a client. Um, he
lived far away in another state. His
brother lived actually in the same house
as their mother. And his mother had
executed a trust, leaving everything
equally to the two of them. And not even
a year later, she amends the trust to
completely disinherit my client. So what
I had to do there was my client bore the
burden of showing undue influence or
lack of capacity and we succeeded at
trial. This is a case we tried to
resolve during mediation, my client’s
brother was entirely unreasonable. So we
wound up going to trial and we won. We
won that case. We successfully proved
that even though a lawyer had prepared
that amended trust, my client’s brother
unduly influenced his mother to execute
that. she would not have executed it
were it not for his undue influence. So
we won at trial. It was a great trial
and then my client’s brother filed an
appeal. So we had an appeal. We had an
oral argument to the court of appeals.
Won that won that appeal. My client’s
brother asked to have a reharing. The
rehearing at the court of appeals was
denied and so they petitioned for
cerseiary to the Supreme Court. It was a
very successful case. My client is very
happy. Um, it’s unfortunate that we had
to take it to trial, but it worked out
in his case, and he’s happy with the
result.
Denver, CO estate planning & probate attorney Andrea Mahoney talks about successful outcomes in estate litigation cases she’s handled.
