Estate of Oscar O. Otis
Published: Oct. 29, 1994 | Result Date: Aug. 2, 1994 | Filing Date: Jan. 1, 1900 |Case number: BP014792 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Marshal A. Oldman
(Oldman, Cooley, Sallus, Birnberg, Coleman & Gold, LLP)
Joseph F. Hart
(Law Offices of Joseph F. Hart)
Defendant
Experts
Plaintiff
Niels C. Winther
(technical)
Facts
This was a Will contest after probate. Decedent had an attorney, John J. Dee, Esq. of Sullivan, Workman & Dee. On September 10, 1987, decedent executed a Will drafted by one of Dee's law partners which left the bulk of the estate to Dee; decedent died on March 26, 1992. Contestants were Jane Dempsey, a friend of decedent, as well as Middy Shutt and Ruth Agnello, sisters of decedent's predeceased spouse.
Settlement Discussions
Unspecified offers and demands were exchanged but not accepted.
Result
The Court found that the Will was executed as the result of the perpetuation of undue influence by Dee upon decedent. The Court also found that the "independent" attorney that reviewed the Will with decedent before he signed it (in order to determine if decedent really wanted to leave the bulk of his estate to his attorney) was not sufficiently independent to remove the undue influence. The Court revoked probate of the Will as well as Letters Testamentary previously issued to Dee.
Other Information
This bench trial lasted 3.5 days.
Length
3.5 days
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