Despite a will’s no-contest clause, an estate’s fiduciaries did not need the consent of all beneficiaries to enter into a settlement agreement with the beneficiaries who contested the will; this is because the settlement agreement neither binds the non-settling ...Read More »
Zoning – Development Permit – Expiration – ‘Phase II’ – Church Fellowship Hall – Airport Accident Zone
The plaintiff-church’s 1997 development permit said, “All permits expire two (2) years from the date of approval unless substantial improvement has occurred”. Although the church made “substantial improvement” by completing “Phase I” of its planned development—a sanctuary and parking lot—that ...Read More »
Domestic Relations – Divorce – LLC Interests – Transmuting to Marital Property – Inclusion of Property in Marital Estate
A spouse’s investment of funds and labor to the other spouse’s pre-marital business, who held the couple out as equal partners, constitute sufficient evidence the parties had mutual intent to transmute the business into marital property. We affirm the final ...Read More »
Attorney’s fee agreement did not give rise to a malpractice claim where plaintiff ultimately owed no fees under a contingency fee provision and because an unreasonable fee could only constitute an ethical violation. We affirm the grant of summary judgment ...Read More »
Domestic Relations – Grandparent’s Visitation – Unsupervised Visitation – Unreasonable Deprivation of Visitation – Reasonable Visit Conditions
Where a parent offered grandparent child visitation with the reasonable condition of supervision during visitation, the grandparent was not unreasonably deprived of visitation and the courts therefore lacked authority impose court-ordered visitation. We reverse the order granting plaintiff unsupervised grandparent ...Read More »
Trusts & Estates –Irrevocable Trust – Payment of Income and Assets – Undue Influence – Appointment of Conservator
The probate court lacked authority to order direct payment on a promissory note held by an irrevocable trust’s grantor and issued by that trust because the note itself and the actual funds paying that note were two distinct assets. We ...Read More »
Criminal Practice – CSC with a Minor – Witness Coaching – Forensic Interview – Non-Leading Questions – Detailed Statement
Although the minor victim and her mother practiced the minor’s testimony for several nights before the trial, since their testimony indicates that the mother merely asked the minor questions without suggesting what her answers should be, defendant has not shown ...
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The varying bylaws, membership offering plans, and general club rules of the plaintiff-club, a nonprofit corporation, create an ambiguity regarding the obligation of a resigning member to continue paying dues post-resignation. Some of the documents say a member is responsible ...
Tagged with: NonprofitRead More »