A Legal MinuteCautionary tales
When Courtroom Admissions Still Change Nothing
The short answer
In one case discussed on the podcast, siblings went to trial. The speaker said one sibling admitted on the stand to taking estate firearms and giving them to their child, a prohibited possessor. Per the firm's description, that sibling remained personal representative. The estate was basically split four ways, as the clients wanted.
From the full episode Real-Life Probate Horror Stories & Lessons Learned (20:29).
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Transcript
There was multiple evidentiary hearings. There was actually a trial. We got to the trial. It was never, you know, settled. And how it came out in the end was basically it got split four ways, which is what our clients wanted. They didn't even want sibling A disinherited. They just wanted an even split.
What makes this one a little bit more on the crazy side was that we got sibling A on the stand, got them to admit that yes, they did steal firearms from the property and from the estate and gave them to their felon child, who is a prohibited possessor. And then this child took it and had them pawned. So we had a chain of title here.
And our assigned judge, this was in a smaller county in Arizona, so not Maricopa, not Pinal. It was a very small county. Small counties can be really good or really bad, because everybody knows everybody. There's like one or two judges. It's just a different animal. And unfortunately, we came to figure out that the judge on our matter was very close to the other side's attorney.
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