O’Quinn’s Troubled Legacy

Posted on August 24th, 2010 No Comments

When famed Texas trial lawyer John O’Quinn skidded off a Houston parkway in a speeding SUV and slammed into a tree last October, he left behind a mixed legacy.

He had won billions of dollars for clients but incurred rebukes from bar groups for ethical misconduct. Ex-clients and employees said he had cheated them, but he also handed over massive contributions to multiple good causes.

In the last five years of his life, he had collected more than 800 classic cars. And that’s now the source of one of the most bitter disputes his death has provoked.

What the twice-divorced lawyer didn’t leave behind was a single sheet of paper that would have bequeathed to his longtime companion the 28 cars she says he meant her to have.

Despite Lexington’s claims of shared finances and marriage, O’Quinn left his entire estate to his charitable foundation. Although there was a provision in the will that allowed him to make adjustments for individuals, he never did before his death.

A to-do list he wrote shortly before his death lists the task of seeing a lawyer for the purpose of a “will change for D” — presumably Darla Lexington.

“What’s relevant in the eyes of the law is not what people say he was going to do, but rather what he actually did,” Houston lawyer Dale Jefferson, who represents the estate, said in a telephone interview last week.

Darla was the beneficiary of a $2 million death insurance policy, and the estate is currently paying her $6000 per month.

This case is just one of many where the likely intentions of those who have passed do not match with their wills. Do not leave your will for tomorrow, because you never know what might happen. Contact the Houston estate planning attorneys of Garg & Associates, P.C. by calling 281-210-0010 today.

Dog inherits mansion and trust fund

Posted on June 18th, 2010 No Comments

When Miami heiress Gail Posner, daughter of late corporate takeover artist Victor Posner, died at age 67 last March, she had a lot to leave behind. Among her many lavish possessions is an exquisite $8.3 million Miami Beach mansion, which she left to Conchita Posner, her pampered chihuahua. The dog was granted the property in Gail’s will along with a $3 million trust to ensure her comfort.

The pup was not the only one of Gail’s housemates to benefit from the hefty will. Seven of Gail’s bodyguards, housekeepers and other personal assistants received a total of $27 million and some were even granted permission to continue to live in the seven-bedroom mansion, rent free.

In an attempt to revoke the will, Gail’s only living child, Bret Carr has filed a lawsuit against some of his mother’s former staff members, insinuating a dark intrigue. He claims that household assistants drugged his sick mother in 2008 and forced her to change her will to include them. Carr was bequeathed $1 million in his mother’s will.

Your will should be clear, with no questions about who is supposed to inherit what. So trust the professional Houston wills and trusts attorneys of Garg & Associates, P.C. Contact a professional attorney by calling 281-210-0010.

Benihana’s founder’s will disputed

Posted on May 27th, 2010 No Comments

A tangled estate dispute between the wife and children of the late Rocky Aoki, best-known for his founding of Benihana Inc., is working its way through the court systems.

New York State Surrogate’s Court recently ruled that Keiko Aoki, Rocky’s third wife and widow, was entitled to pursue her attempts to seize control of a trust currently being controlled by Rocky’s children.

The dispute is over whether or not Rocky was aware of what he was doing in 2002, when his lawyer and children convinced him to sign documents that forbid him from leaving any part of his estate to anyone but his descendants.

The judge who ruled in Keiko’s favor believed there to be clear evidence that there was an “impermissible conflict of interest” in the lawyer acting as adviser to both Rocky and Rocky’s children.

One of the key pieces of evidence for this conclusion was a memo the lawyer wrote to himself in 2003, which the court was able to obtain. “Undoubtedly, the fur will fly when [Rocky's new lawyer Joseph] Manson and his clients, Keiko and Rocky, discover the existence of the executed partial release,” he wrote, referring to the documents that would forbid Rocky from ever leaving the assets to anyone but a descendant. Rocky died in 2008.

If you are looking for an experienced estate attorney who can help you put your affairs in order and possibly avoid this kind of conflict, contact the Houston contested will attorneys of Garg & Associates, P.C., at 281-210-0010.

Georgia rules against ‘illegitimate’ child

Posted on May 19th, 2010 No Comments

The Georgia Supreme Court today ruled against a daughter born out of wedlock who felt entilted to part of her father’s will.

The father left his inheritance to his two lawful children, which did not include the woman who brought the suit.

The court voted 5 to 2 against the daughter’s claim, ruling that under old Georgia law, illegitimate children are not “lawful.”

Justice Hugh Thompson, who dissented against the majority vote, wrote that the decision takes a “giant step backwards” in the development of biological children’s rights.

The ruling goes against general legal precedent in the state, wherein most children born outside of marriage have been recognized legally. This precedent may be changed following the court’s ruling.

For more information about estate law, contact the Houston estate planning lawyers of Garg & Associates, P.C., at 281-210-0010.

British will-makers fail to contact inheritors

Posted on May 14th, 2010 No Comments

According to police, the Lincoln firm Willmakers Of Distinction failed to contact two of three beneficiaries in a client’s will. Money left by a 96 year-old Birmingham man, totaling roughly 120,000 British pounds, was meant to split between his last living U.K. relative, a friend, and a neighbor. However, the executors of the state never distributed the money to either his friend or neighbor, and never informed them that they were included in his will.

In the court proceedings, it was revealed that this was not an isolated incident. A Chapel St. Leonards widow failed to receive her 3000 pounds that was left behind from her husband’s death in 2004. Instead, she was left responsible for the 2000 pounds it cost for his funeral.

Two employees from Willmakers Of Distinction have admitted guilt, while one continues to deny allegations of theft.

Although this case seems distantly in England, the reality of entrusting a will-maker with your estate is universal. Contact the Houston personal estate lawyers of Garg & Associates, P.C., at 281-210-0010.  Put the future of your property in the right hands with the help of an experienced attorney today.

Dispute over Hawaiian inheritance leads to violence

Posted on May 4th, 2010 No Comments

According to police reports, a 39-year-old Waipahu man is in police custody after using a large wooden stick to attack his two sisters during an argument Sunday.

Police believe the dispute arose from ambiguity over the siblings’ family inheritance.

The man’s two sisters told police that they were quarrelling with their brother around 4:30 p.m. when he hit the younger one, age 30, several times with the stick.

He then attacked the older sister, age 45, hitting her on the head.

The sisters sustained injury and were admitted to a local hospital for treatment.

The man has been arrested on suspicion of attempted murder and second-degree assault.

Your will should be crystal clear so that there are no questions when it comes to who inherits what. If you are looking into how to write a will or are interested in learning more about estate law, contact the Houston personal estate lawyers of Garg & Associates, P.C., at 281-210-0010.

Lawyer accused of stealing client’s inheritance

Posted on April 19th, 2010 No Comments

A 62-year-old lawyer from Alton, Illinois, was arrested last Monday and charged with financial exploitation of an elderly person. He remains in custody in lieu of $250,000 bail.

He has been accused of keeping and cashing a check for $138,826 that was meant to go to his then-client. The money was the client’s inheritance from her mother, who died in Ohio in 2004.

The 81-year-old woman who was meant to receive the inheritance money is now represented by a different lawyer, who discovered the theft last month.

To set up a will and to be as sure as you can be that your money goes to the people you want to receive it, contact the Houston living will lawyers of Garg & Associates, P.C., at 281-210-0010.

Widow of boxer awarded $100,000 from estate

Posted on April 12th, 2010 No Comments

Boxer Arturo Gatti’s estate has been fiercely contested by his mother and brother following his mysterious death at a seaside resort in Brazil last July. While much of the estate remains unclaimed, Amanda Rodrigues, his widow, has been awarded $100,000 as financial compensation for the court and legal fees she had pay throughout the months of fighting over Gatti’s will.

Rodrigues was also awarded $2,000 a month for the care of the couple’s 18-month-old son by the same Quebec Superior Court judge.

While this case occurred in Canada, and not the United States, this kind of messy fighting over an estate is something you most likely want to avoid. For legal advice regarding writing a will and avoiding estate contests, contact the Houston living will lawyers of Garg & Associates, P.C., at 281-210-0010.

Contest over children’s illustrator’s will

Posted on April 6th, 2010 No Comments

Tasha Tudor, the famous illustrator for loved children’s books such as The Wind in the Willows, died on June 18, 2009 at the age of 92. Eccentric to the end, she believed herself to be the reincarnation of a sea captain’s wife and maintained that belief in her daily life, raising her children without running water or electricity.

Her estate was believed to be worth at least $2 million. She left the majority of it to one of her four children, Seth. Her will specified that she did not leave much to her other children because they were estranged. Another of her children, Thomas Tudor, is leading an attack on the will, claiming that Seth exerted influence on their mother to coerce her into leaving her estate to him. Tasha Tudor’s other children have almost made claims that Seth is failing to properly maintain her estate, as he is allowing a public memorial service despite the will calling for no funeral or public viewing.

If you are seeking advice in setting your estate in order, ensuring a clean will, or arbitrating disputes in that area, contact the Houston personal estate lawyers of Garg & Associates, P.C., at 281-210-0010.

Appeals court rules that Smith’s heirs will not receive oil money

Posted on March 24th, 2010 No Comments

A 9th Circuit Court of Appeals upheld a Houston jury’s decision that the estate of the deceased Anna Nicole Smith are not entitled to money from the fortune of Texas oil billionaire J. Howard Marshall. According to the decision, Smith’s daughter Dannielynn Birkhead is not entitled to $300 million that her estate claimed was promised to Smith when the billionaire was alive. The Circuit Court’s ruling upheld the decision that the tycoon’s will (that did not include Smith) was written and signed by a competent Marshall before his death.

For assistance with a case involving a will or trust, contact the Houston wills and trusts attorneys of Garg & Associates at 281-210-0010 today.

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