Riverside County Trust Contest and Financial Elder Abuse Case Reaches Positive Settlement with Morris Law Firm, APC

In the fall of 2014, Mr. and Mrs. Ultes (“Petitioners”), an elderly couple residing in Riverside County, filed a petition in the Riverside Superior Court to challenge the validity of a trust amendment they assert their long-time friend executed prior to his death.

Based on the petition in court records: (1) Decedent’s wife had recently passed, (2) Decedent was allegedly diagnosed with severe dementia, and (3) Decedent was allegedly influenced by a family friend (“Respondent”) to remove Mr. and Mrs. Ultes as beneficiaries of a multimillion dollar Trust estate.

Petitioners allege in their petition that they did not believe Decedent’s estate planning attorney should have prepared the amendment that ostensibly removed them as beneficiaries because Decedent was being manipulated to gift all his and his wife’s assets to Respondent. In response, Respondent retained a Probate Attorney to file a cross petition against Petitioners for assets they allegedly stole from Decedent prior to his death.

Attorney Byron Husted, with Morris Law Firm, APC, represented Petitioners as beneficiaries of the subject Trust in this Probate dispute. Shortly after the cross petition was filed in the Riverside Superior Court, Ultes v. Wintermann, Case No. MCP 1400744, Attorney Husted deposed the estate planning attorney who prepared the disputed amendment.

Attorney Husted commented, “It was important to quickly depose the estate planning attorney in order to direct this complex case towards settlement. After the deposition, both parties were motivated to resolve the matter and avoid further cost of trial.”

According to court records, after a successful mediation between all parties Respondent agreed to pay Petitioners a portion of their inheritance for dismissal of all claims.

“Byron Husted was highly recommended to us by our Riverside County Estate Planning Attorney,” said Petitioners. “Our very high expectations were met and exceeded by Byron as he is very knowledgeable and professional but more importantly he is passionately driven to represent his client and assure that justice is done,” Petitioners furthered.

Byron Husted specializes in Trust and Probate litigation, Financial Elder Abuse and Personal Injury cases throughout southern California with Morris Law Firm, APC. Morris Law Firm, APC represents clients in San Diego, Los Angeles, Riverside, San Bernardino, Temecula and Orange Counties.