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Beyers | Costin Vindicates Heirs in Probate Matter

March 12, 2009

SANTA ROSA, CA - Beyers | Costin vindicated its client’s position in a hotly contested probate matter, obtaining an award at trial which granted the client everything he was seeking.

Litigation associate Richard O'Hare represented the client, the trustee of his mother’s estate. At issue in the case was the disposition of a brokerage account, the ownership of a home, and the right to reimbursement community funds. The client’s step-brother took the position that his father’s estate was entitled to the entire amount on deposit in the brokerage account and one-half of the value of the home owned by the client’s mother.  

At trial, Beyers | Costin argued that the mother’s estate was entitled to one-half of the funds in the brokerage account, because the parties had binding agreement on this point; that the mother’s estate was entitled to the full value of the home, because it was purchased with her separate property funds and deeded in her name alone; and, that the mother’s estate was entitled to reimbursement of one-half of the community property funds expended on the husband’s medical care. The Court agreed with all these points and ruled in favor of the mother’s estate on all such issues.

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