The Problem

All names have been given fictional replacements to protect the identity of our client. The legal facts and resolution of the probate litigation case have not been altered.

Susan approached Rhoades McKee afraid and uncertain about her future. Susan’s husband, Greg, had recently passed and made a few key mistakes in preparing his estate plan. According to Susan, Greg had intended to provide a secure future and steady income for her upon his passing. Greg sought to provide for his wife through certain annuities, but failed to name her as the beneficiary. Instead, Greg’s Trust was the named beneficiary – and Susan had no interest in the Trust. Without these funds, Susan believed that she would be evicted from her home and unable to provide for her daily needs.

Our Approach

Based on the clear terms of the Trust, the trustees appeared to have a strong position.  However, the RM Probate Litigation Team interviewed the persons involved with the preparation of Greg’s estate plan, took depositions from key witnesses and were able to uncover evidence that it was Greg’s intent to give Susan the annuities.

The Result

We were able to convince the judge to follow Greg’s original intent and reform the Trust.  Because of our efforts, Susan was able to stay in her home and was comfortable that she had enough money to pay her bills and living expenses.