Sunday, January 11, 2009

Estate Dispute

Lawyers for a man who fought against the appointment of a guardian to look after his affairs say his estate has been drained by hundreds of thousands of dollars in legal and other fees, some needless.

The Nebraska Supreme Court heard arguments involving Everett Larson, who died in 2007, three years after his daughter persuaded a court to appoint a conservator/guardian to look after his affairs.

Larson, whose daughter said he had dementia and early stage Alzheimer's, disputed whether he needed someone to handle his business dealings and resisted the move.

In 2004, a Douglas County judge appointed Wilfred Looby to temporarily handle Larson's decisions. The appointment as a temporary conservator gave Looby powers that under state law are typically limited to handling urgent business. The powers were then extended by the court in successive 90-day stints for more than a year without a hearing on Larson's competency.

But attorneys hired by Larson to fight the appointment and vouch for Larson's competency also question the court's approval to pay out more than $500,000 from Larson's estate. Some of the payments were awarded to Looby, though the bulk went to attorneys, including a more than $313,000 award to the Fitzgerald Schorr law firm. That firm represented both Larson's daughter and Looby, according to court briefs.

Among the approved expenses were Christmas presents bought after Christmas -- although court briefs don't say for who -- "security" for Larson's birthday party and 27 hours of legal research taken on by Looby, who is not a lawyer and had attorneys representing him.

Meanwhile, Larson's lawyers had their request for payment from the estate denied by the same judge.

They're asking the high court to rescind payments that were approved earlier to everyone involved.

Full Article and Source:
Neb. high court hears estate dispute arguments


Anonymous said...

Let's keep watch on this one - a victory here is a victory for the cause!

Anonymous said...

I am sorry this gentleman died and won't see the outcome of the suit.

No doubt he was a spunky man to have started it.

We will hope justice will be served in his memory.

we the people said...

Oh, I am steaming mad. People turned into products with court approval = guardianship racket, which is worse than organized crime.

I will say this again and again til my last hour of life, the FEDS need to get involved in the blatant probate abuses and the public corruption of probate which is out of control, nationwide.

Wake up America ~ these greedy animals are waiting for: US!