Defense judgment for daughter sued by brothers over deceased mother’s estate

Our client was a successful author and dedicated community leader, sued by her brothers after their mother passed away. Her brothers were local ne’er-do-wells who had crossed their mother and sister in various ways in the decades before her death. Our client was always loyal to her mother, took care of her in her late years, and they were best friends. After the mother passed, the sons were disgruntled with how the mother’s estate had been distributed, and they sued their sister in probate.

We defended our client against financial elder abuse claims, which carry significant remedies for successful plaintiffs. Viewing the claims as essentially frivolous, but recognizing the significant risk, we took action against the brothers, and challenged their credibility in multiple ways to disprove their claims. At a bench trial, we presented our client as a successful woman who honored her mother, and who had remained loyal to her brothers despite the years of problems they brought to the family dynamic. At trial, cross examination of the brothers and their hired expert was pivotal. The brothers folded one after another in their testimony, revealing their overreach and lack of evidence to support their claims. In turn, the trust and estates expert they hired withered under pressure and his credibility was destroyed.

After the trial, the judge issued a comprehensive statement of decision vindicating our client and rejecting the claims of the brothers. After the brothers appealed, we prevailed again. The win eliminated substantial potential liability to our client of nearly $3 million.