Confidential

Facts

Candice Walker and her children lived with Daniel Ollendick for 17 years. Walker, 54, and Ollendick were in a
romantic relationship. Walker helped Ollendick expand his business and she used her own alimony and child
support funds from her previous marriage to help pay the couplesÆ living expenses. All of the couplesÆ assets
were kept in OllendickÆs name. Ollendick died intestate when he was 44 years old. Walker filed suit against
OllendickÆs estate for breach of an oral agreement in which he agreed to share his assets with her equally.
Walker also sued for breach of an agreement implied in conduct and quantum meruit.

PLAINTIFFÆS CONTENTIONS:
The plaintiff claimed after a brief separation, she agreed only to get back
together with the decedent on the condition that they share all assets equally. After the couple got back
together, the plaintiff claimed that an implied contract was created.

DEFENDANTÆS CONTENTIONS:
The defense denied that any agreement, implied or otherwise, existed
between the plaintiff and the decedent. The decedentÆs estate attorney contended that there was no marriage, no
will, and title to all assets were in the decedentÆs name. As a result, the attorney contended that the plaintiff
was not entitled to receive any part of the estate in question. The estate attorney also contended that the
decedent was aware that if he passed away without a will, his estate would go to his mother. The decedentÆs
inaction was therefore an indication that he did not intend a different distribution of his assets upon his death.

Settlement Discussions

The plaintiff demanded $850,000 and the defense offered $550,000.

Damages

The plaintiff sought 50 percent of the estate as well as 75 percent of the decedent's half of the estate.

Result

The parties settled for $750,000. This amount was approximately 45 percent of the estate.