Monday, June 22, 2015

Judge sets date for Reichert probate hearing

District Judge Joe Loving ruled on three motions in the Reichert probate case Wednesday and set a bench trial date.

In a morning hearing yesterday in the Titus County courthouse, Loving signed an order granting a motion filed by Brandi Michelle Reichert to withdraw her application for temporary administration of the estate of the late Dr. Oscar M. Reichert.

Brandi Reichert made the application as the oldest daughter of the deceased from Oscar M. Reichert’s first marriage. The motion she filed read that, “Due to recent unexpected events in Applicants life which have caused tremendous emotional stress, Applicant does not believe she is emotionally strong enough to perform the functions of the Temporary Administrator.”

Loving also signed an order calling for genetic testing to determine whether Brandi Reichert is the biological child of Oscar M. Reichert.  That order provides that Brandi Reichert submit to genetic testing within 30 days and provide necessary samples of her blood, body fluid and/or tissue for testing. With the order, Loving granted the motion filed with the court June 10 - by Oscar M. Reichert’s ex-wife from his second marriage, Denise Harper Reichert, and their daughter from that marriage, Maegan Reichert Hotaling - calling for the genetic testing. 

Also stated in the order, American Forensics shall conduct the genetic testing from the samples of blood body fluid and tissue obtained from the deceased during a court-ordered autopsy on his body. That autopsy was ordered by Loving in a hearing May 22, when he granted a motion calling for an autopsy filed by Brandi Reichert.

Wednesday, Loving granted a third motion filed in the case by Pittsburg lawyer Tedde Blunck, who has been representing Brandi Reichert in the guardianship and the probate causes regarding Dr. Oscar M. Reichert, his death and his estate.

Blunck had filed a motion June 4 to withdraw as counsel for Brandi Reichert.  In court Wednesday he told the judge that he had received Brandi Reichert’s consent to withdraw. 

The order Loving signed on the matter allows Blunck’s withdrawal and states that Brandi Reichert receive all notices in this cause by certified and regular first-class mail; and that Blunck immediately provide written notification to her of any additional settings or deadlines now known to him of which she has not already been notified.

In court, the judge said Brandi Reichert could represent herself as long as she does not seek a fiduciary relationship in the case.

Blunck said he did not know if she had been able to obtain other counsel representation for the case matters.

Loving on Wednesday tabled a ruling on transferring a case filed in Hunt County by American National Bank to Titus County into the Reichert estate case. 

According to the court documents filed on behalf of Denise Harper Reichert and Hotaling, after Michael Taylor was appointed as the guardian of the estate in September of 2014, he deposited money belonging to Reichert in an account at American National Bank in Greenville. After Taylor’s guardianship of the estate was voided in a court order March 19, 2015, Denise Harper Reichert, acting as her ex-husband’s power of attorney, requested the bank release the funds to her. 

Subsequently, the bank filed an original interpleader petition and request for discharge in the 354th District Court of Hunt County.

In court Wednesday, Don Ford of Houston, the attorney for Denise Harper Reichert and Hotaling, told the judge he would work out a non-suit with the lawyers of the bank to transfer the funds to Titus County. 

Loving set a bench trial date of December 7 to hear the probate of Reichert’s estate.

Three motions filed regarding the estate, reportedly valued at more than $3 million, have not been ruled on.

On May 7, three days after Reichert died in a Rockwall hospital, Denise Reichert filed an application to probate the will dated June 24, 2013.

On May 20, Brandi Reichert filed a contest of will claiming the will was invalid because her father did not have testamentary capacity at the time of the will’s execution and had suffered dementia for two years preceding his death; and that the will was made after Denise was divorced from Reichert.

That June 24, 2013 will names Denise Reichert as the sole executrix of the will and refers to her as Reichert’s “spouse.” 

A motion filed June 10 by Denise Reichert and Hotaling requests that should the June 24, 2013, will be determined invalid, the court follow the will dated August 21, 1992, which appoints Denise Reichert as the independent executrix, Dr. Gary B. Taylor, a former business partner of the deceased Reichert, as the first alternate independent executor, and, if neither of those two can serve, the will calls for Kerry Wootten to serve as independent executor.

The court is still waiting on the autopsy report of Reichert’s body, Loving told counsel at the bench Wednesday.

Full Article & Source: 
Judge sets date for Reichert probate hearing

See Also:
Legal battle continues over late doctor’s remains, estate

1 comment:

StandUp said...

The lawyers are going to walk away with the lion's share.