Casey C Breese

Trust Disputes

Successfully obtained a settlement exceeding $1 million for a client who challenged her father’s trust on grounds of undue influence and lack of testamentary capacity.

Represented a nonprofit organization facing a challenge to its status as named beneficiary of trust which resulted in dismissal of opposition’s claims and securing distribution to client of entire trust estate exceeding $6 million.

Represented numerous clients in pursuit of accountings, inventories and other pertinent information necessary to protect their interests as beneficiaries of family trusts.

Estate Disputes

Represented two children of decedent in will contest which resulted in successful invalidation of will on grounds of undue influence and lack of testamentary capacity after a two-day trial and defended judgment at appellate level.

Represented client accused of taking excessive compensation as personal representative of family member’s estate which resulted in order from court after two-day trial finding the client’s compensation to be reasonable and awarding her over $90,000.00 in attorney fees for defending against bad faith litigation.

Negotiated favorable settlement for client challenging a holographic will that disinherited the client and her siblings in favor of a major university and was executed while decedent was in memory care.

Fiduciary Representation

Represented client acting as trustee of family trust and facing claims of breach of fiduciary duty and self-dealing which resulted in successful verdict after one-day trial.

Represented client wrongfully removed as trustee of her family trust by her siblings and successfully regained her appointment as trustee and further assisted with trust administration matters, including court approval of 10 years of accountings and the sale of farmland in Kansas exceeding $800,000.

Represented numerous professional fiduciaries in all aspects of estate and trust litigation.

Protective Proceedings

Represented daughter of protected person who had been subject to over $1 million in financial exploitation and negotiated complex settlement that resulted in the client’s appointment as conservator and prevented further exploitation.

Represented a retired attorney whose children had filed for appointment as client’s guardian and conservator and successfully had petitions dismissed before trial.

Represented ex-husband in proceeding to remove his ex-wife as co-guardian of adult son with severe developmental disabilities in favor of appointment of professional guardian and subsequently defended removal verdict on appeal and attempts by ex-wife to remove professional guardian.

Pro Bono Matters

Secured dismissal for charitable organization of decedent’s family member’s claim that stock certificates and jewelry exceeding $1 million in value were gifted by decedent prior to death.

Assisted with representation of family member seeking appointment as guardian of her two minor nieces whose parents had tragically passed away in case involvement international concerns.

Represented a professional fiduciary acting as personal representative for insolvent estate in ongoing effort to cull back Estate funds from family members who had stolen funds from Estate while acting as guardian for minor children after their parents’ death.