Litigation Victory – Saving Client’s Inheritance
Blaine M. Brown was retained by a beneficiary of a $15-$20 million trust after 2 years of litigation with different counsel. Unfortunately, during the past 2 years of litigation, pleadings were filed in multiple counties which the trustee of the trust believed to have violated the no contest clause of the trust. Within weeks of being retained, Mr. Brown was served with a petition to enforce the no contest clause. If the trustee succeeded, his client would be disinherited as a beneficiary of the trust, thereby losing an inheritance in excess of $5 million.
In response to the petition to enforce the no contest clause, Mr. Brown strategically filed an anti-SLAPP Motion as his client’s responsive pleading to force the hand of the trustee in putting all of the evidence in support of the petition forward within 60 days for the court to rule on the anti-SLAPP Motion. Ultimately, the court granted Mr. Brown’s anti-SLAPP Motion, resulting in the petition to enforce the no contest clause being stricken and the trustee being ordered to pay all of Mr. Brown’s attorney’s fees and costs.