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SETTLEMENT:
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Respondent (Estate
divided 62.5 percent to daughter and 37.5 percent to
son; $25,000 each to three charities.)
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CASE/NUMBER:
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Case I.D.
Confidential. |
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COURT/DATE:
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American
Arbitration Association / November 11, 1997.
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MEDIATOR:
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Deborah Rothman,
Attorney at Law. |
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ATTORNEYS:
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Contestant -
Andrew P. Cipes (Aikenhead, Cipes & Supanich, Los
Angeles).
Respondent - Alfred R. Keep (Simi Valley).
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FACTS:
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Decedent left
three wills, dated 1981, 1985 and 1986. The 1981
will made relatively small bequests to her
grandchildren and daughter-in-law, with the bulk of
the estate to be divided between her two surviving
children. As her mental health subsequently
allegedly deteriorated, her son initiated
conservatorship proceedings. Decedent's 1985 will
made similar bequests, but added a small bequest to
her son, leaving the bulk of the estate to her
daughter. The 1986 will included similar bequests,
except that the bequests to her son was increased,
her daughter's share was decreased somewhat, and
each of three charities was left equal shares of the
residue of the estate. Decedent died on July 9,
1996. The 1986 will was offered into probate.
Decedent's son contested that will on December 5,
1996, on the basis of his late mother's alleged lack
of competency to execute a will, and his sister's
alleged undue influence over her. On March 1, 1997,
the son filed a petition for admission of the 1981
will. |
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CONTENTIONS:
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Decedent's son
contended that he should receive one-half of the
distributable estate after payment of specific
monetary bequests and the settlement with the
charities totaling $75,000.
Decedent's daughter contended that she should
receive, under the 1986 will, one half of the gross
estate before deductions for specific bequests,
payment to the charities, executor commissions and
attorney fees (but not before payment of taxes and
creditor's claims) as provided in the 1986 will.
The charities agreed to accept the compromised sum
of $25,000 each, a total of $75,000, in settlement
of their residuary interests in the 1986 will, the
charities not having been mentioned in previous
wills. |
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MEDIATION:
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Two mediations
were held in September and November 1997, before
attorney Deborah Rothman, resulting in the reported
settlement. |
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OTHER
INFORMATION: |
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Decedent's daughter took the position that she had
the least to lose if the matter was litigated, since
under non of the version of the will would she
receive less than half of the residue of her
mother's estate. The three charities realized that
only under the latest version of decedent's will
would they receive any money, so they agreed to
accept the son and daughter's offer. The settlement
reached by the parties confirmed the specific
bequests in the 1986 will, provided for payment of a
total of $75,000 to the charities and provided that
the son would received 37.5 percent and the daughter
62.5 percent of the estate after payment of all
taxes, debts, commission, attorney fees and other
expenses of administration. |
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OTHER
INFORMATION: |
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The settlement was
reached approximately 11 months after the contest
was filed. |
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Copyright 1998 Daily Journal Corp. Reprinted with
Permission.
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