TRUST & PROBATE LITIGATION CLIENT IS VINDICATED AFTER THE PROBATE COURT DISMISSES ALL CLAIMS AT TRIAL

A trustee and primary beneficiary of an estate was sued in probate court by family members following the death of the decedent for allegations of breach of fiduciary duty, breach of trust, undue influence, fraud, mental incapacity, conversion, and embezzlement. They were seeking over $1 million dollars in the probate case. Attorneys Philip J. Curtis and Brad A. Brelinski represented the trustee/beneficiary and defended the high stakes, high dollar lawsuit. After an extensive discovery period and pretrial motions, the probate judge ordered the parties to mandatory mediation. With the defendant steadfast in his innocence, and the probate litigation team prepared for trial, the defendant turned down plaintiffs' excessive settlement demands at mediation. On the third day of trial in probate court, first chair trial attorney Brad A. Brelinski moved for dismissal at the conclusion of plaintiffs' case. The probate judge took the matter under advisement and returned a dismissal on all counts that same day while lambasting the plaintiffs for bringing the case in the first place. Plaintiffs did not appeal. Practice areas: Probate, Litigation.