Estate of Denial news clips (2/12/16)

Guilty pleas stand for convicted Rhode Island estate planner

My Fox Boston

January 14, 2016

BOSTON (AP) — The 1st U.S. Circuit Court of Appeals will not reconsider a Rhode Island estate planner’s bid to withdraw guilty pleas to charges that he ran a $46 million investment scheme targeting the terminally ill.

The Providence Journal reports ( ) the federal appeals court in Boston declined Tuesday to re-hear arguments from Joseph Caramadre. The Cranston resident had been seeking to be allowed to withdraw his guilty pleas to conspiracy and fraud charges.


In Probate Court, a Wealthy St. Louis Family Becomes Bitterly Divided (MO)

Riverfront Times

February 8, 2016

Mary Lee and Robert Hermann Sr. are a lot like you and me — only they have a lot more money. Married since 1980, the couple’s prenup shows that each brought wealth (and children) into what was for both a second marriage. He’d been married to a Busch and had two kids and $4.9 million in assets. She had four kids and $1.4 million. And together, in the intervening 35 years, they’d make a whole lot more.

How much more, however, is now a matter of bitter dispute — one that’s turned stepkid against stepkid, and in the case of Mary Lee’s children, even sibling against sibling. Some of Mary Lee’s children allege their stepdad has been diverting community assets, which would leave his kids enriched in the event of the 92-year-old’s death and them high and dry. Others are apparently more worried about Mary Lee changing her will to favor her grandchildren over them.


Former intensive care doctor warns government against merging public guardian and trustee (AUS)

The Canberra Times

February 8, 2016

ANU law professor and former intensive care doctor Tom Faunce has urged the government not to merge the offices of public guardian and public trustee, warning it could confuse crucial medical decisions.

As a former doctor, Professor Faunce has had to call in public guardians to make decisions as fundamental as turning off life support and donating organs. He said such highly sensitive decisions must be made by people with the skills and training of public guardians and not by public trustees.


One Former DA In Jail, Another Is Permanently Disbarred (TX)


February 9, 2016

A former prosecutor is in the Brazos County jail. John Paschall, who served more than 20 years as district attorney in Robertson County before he was defeated in the 2012 election, was booked Monday after 9 p.m. A 30 day sentence is part of a deal Paschall made last month for pleading guilty to misapplication of fiduciary property. He was the executor of a $300,000 thousand dollar estate of a Calvert woman who died in 2004. Paschall must give up his law license and repay nearly $187,000 dollars. In return, he received ten years probation as part of a suspended five year prison term.


Tom Benson’s grandson Ryan LeBlanc says mental competency lawsuit is effort to ‘put the family back together’ (TX)

The New Orleans Advocate

February 9, 2016

Ryan LeBlanc has heard the talk alleging that he, his mother and sister are pushing a mental competency lawsuit against the family patriarch, Saints and Pelicans owner Tom Benson, because they want to wrest away Benson’s $2 billion business empire after he cut them off more than a year ago.

But there’s no question LeBlanc is financially secure after working for his grandfather’s companies and benefiting from some family trusts. He also has a new job since the legal dispute erupted, pitting family members against one another.


Judge in Post series moved from guardianship cases (FL)


February 10, 2016

Circuit Judge Martin Colin’s tenure as a probate judge is over in the wake of The Palm Beach Post’s investigation into the the veteran jurist and his wife in the guardianships of incapacitated seniors.

But it remains to be seen whether he still has a role in guardianship through a mediation program he helps coordinate.


The City of Cleveland Filed a Probate Court Creditor’s Claim Against Tamir Rice’s Estate for $500 (OH)

Cleveland Scene Weekly

February 10, 2016

If you think that the city of Cleveland and its law department couldn’t handle the Tamir Rice case any worse than it has, well, we have news for you.

The city filed a creditor’s notice against the estate of Tamir Rice looking for a past due amount of $500.


Heirs to Benihana fortune to battle in state’s highest court (NY)

Albany Times Union

February 10, 2016

A battle for the Benihana fortune will be heard by the state’s highest court on Wednesday.

The Court of Appeals is slated to hear arguments in an epic family battle that pits two children of Rocky Aoki, the multinational restaurant chain founder who died in 2008, against the patriarch’s third wife, Keiko Ono Aoki. The matter concerns who controls the Benihana Protective Trust, an entity set up by Rocky Aoki that includes stock and other assets. The trust also controls Benihana of Tokyo, the company from which Benihana Inc. was spun off.