Feb 2012 VLF Litigates Against Stepmother for Children to share in Dad’s Estate

In a case the resembles a Grimms Brothers Fairy Tale, The Vethan Law Firm successfully represented the four children of Dr. Alvin Wendt, a successful veterinarian/businessman, in a will contest concerning their father’s will against their former stepmother and estranged brother

Our Clients alleged that their father's third wife unduly influenced their father, after he suffered a stroke, for her own benefit from 2004 until his death on Dec. 14, 2010. In fact, even after the third wife divorced Dr. Wendt, VLF’s clients alleged she still had operational control of his business holdings.

Soon after Dr. Wendt’s death, a document was presented to the probate court purporting to be Dr. Wendt’s last will and testament. Surprisingly, the document named the third wife (ex-wife) and her children by another marriage as beneficiaries, but excluded Dr. Wendt’s four children (our clients). Our client’s learned that their estranged half-brother & step mother had petitions the probate court to control their later father’s estate. Additionally, soon after the will was filed in probate court, she filed a claim as the beneficiary of his life insurance policy, seeking to recover over $1 million in life insurance proceeds. The Long and short of it was that Dr. Wendt’s biological children were being cut out of their father’s extensive estate. VLF attorneys were able to stop her from taking the insurance proceeds, and obtained a court order to deposit the insurance proceeds with the court, preserving funds, pending resolution of the dispute

Upon a close examination of the will, VLF’s attorneys discovered several inconsistencies with the signature, initials on the will and the document itself. VLF Aggressively litigated the case, used a handwriting expert to substantiate our suspicions about the will, and cross examined the attorney who prepared the will. VLF also obtained evidence to show that Dr. Wendt has previously suffered a stroke which affected his cognitive skills.

After three days of trial regarding the decedent’s mental capacity and the authenticity of the will itself, the case settled, and VLF’s clients were, at last, able to share in their father’s estate. 

 VETHAN LAW FIRM 

Contact Us:
(713) 526-2222

 

 

Vethan Law Firm Wins in Federal Court

Attorneys of The Vethan Law Firm won a $2.8 million jury verdict, Wednesday, November 17, 2010, representing the plaintiff in Civil Action No. 4:09-cv-02644; David Homoki dba Global Check Services v. Conversion Services, Inc.; in the United States District Court for the Southern District of Texas; Houston Division. Attorneys Charles Vethan and Elyse Farrow were ably assisted at trial by newly-licensed attorney, Collin Wynne and paralegal Eneyda Sauceda, with research and briefing assistance from Lee Keller King. The trial was presided over by the Hon. David Hittner, United States District Judge and tried to an eight-person jury.

The federal jury awarded Plaintiff, David Homoki d/b/a Global Check Services $2.1 million against Defendant, Conversion Services, Inc. of Houston, and $700,000 against Defendant, Electronic Payment Systems of Englewood, Colorado. The verdict was based on Global Check’s claims that Conversion Services breached its contract with Global Check, and violated its fiduciary duty to Global Check as its agent/broker. Additionally, the jury found that Electronic Payment Systems conspired with Conversion Systems to violate Conversion Services’ fiduciary duty to Global Check. Attorneys fees are still to be determined by the Court. The jury found against Conversion Services on its counterclaim against Global Check for payment of unpaid residuals.

Mr. Homoki, a resident of California, had contracted with Conversion Services to market Global Check’s services to merchants. Global Check is in the business of processing and guaranteeing payment of customer checks, including checks post dated up to 90 days. Conversion Services was also responsible for servicing the merchant accounts, after they were signed up with Global Check.

The relationship ended in 2009 after Global Check became aware that Conversion Services was misrepresenting its products and not servicing its clients. Global Check subsequently learned that Conversion Services was, unbeknownst to Global Check, selling a similar product from Electronic Payment Systems and switching Global Check’s merchants to Electronic Payment Systems, after receiving a finder’s fee from Global Check to sign up the merchant.