Monthly Archives: June 2012

Caselaw Update: Court Addresses Undue Influence in Estate of Melter

Posted on by
Reply

Estate of Melter, 167 Wn. App. 285, 273 P.3d 991 (2012) is an interesting case, well authored by both the majority, and the separate concurrence.  It’s a must read for Washington trust and estate lawyers.  We think it is important because it addresses one beneficiary’s confidential relationship with the decedent and how that can affect his (or his opponent’s) burden of production and proof in a will contest where undue influence is alleged.

The case is also important in that it emphasizes testamentary capacity as an important factor in distinguishing mere influence, which is nugatory, from undue influence, which is consequential.  Here are the basic facts: Continue reading →

Hazelrigg III submits amended Bankruptcy Schedules

Posted on by
Reply

It sounds like Tom ran into some more information, and is amending the schedules he had previously submitted.  We have not reviewed them too closely.  They show about $149 million in debt; $1,400 in monthly income, and come with a disclaimer on top that says there are errors, and they are unintentional.  We don’t understand.

Update re: Powell Insurance Interpleader

Posted on by
Reply

Three updates for this case.

First, here’s New York Life Insurance Co.’s First Amended Answer.  Still not sure why New York Life has not moved for an order to deposit the funds, and for an order of dismissal here.  What’s taking so long guys?  We’re curious.

Second, here’s the Case Scheduling Order – mark your calendars.

Third, here is Michael Craig Powell’s response to the complaint, and claim on the funds.  Here, Michael is claiming entitlement to the policy on Josh’s life, and Josh’s sons’ lives, for a total of $1 million and $500,000 respectively.  It appears he’s not claiming entitlement to the policy on Susan’s life, which is $1 million total.

Update: Court Lifts Stay, Allows Foreclosure on Unit 3905

Posted on by
Reply

The Bankruptcy Court lifted the automatic stay, allowing JP Morgan to proceed with a foreclosure on Lincoln Towern (Bellevue), unit 3905.  It is vested in a Tom Hazelrigg entity, TRH Lenders – at least for now.

Unit 4102 (shown at left), was a similar condo that was owned by a different Hazelrigg entity, and has already been foreclosed.  It was then listed for sale, sans the Chihuly, shown at left.  Was this Kirby’s Chihuly?

We wonder what will happen to unit 3905 when it is foreclosed, and where will Dan Chun live when that happens?  Will he have breach of lease damages against Hazelrigg or TRH?

Hazelrigg files Bankruptcy Schedules

Posted on by
Reply

Last week Tom Hazelrigg filed his bankruptcy schedules.  Here is TEP’s analysis:

First, there is one ginormous blanket lien, held by SamE Investments (Sammy Lee) for $7,000,000, securing all personal property.  Will SamE Investments to Tom Hazelrigg III, be as Harry Dorrsers was to Mike Mastro?  We’ll see if SamE fares better than Dorrsers did.

Second, it looks like there was a transfer of $7,000,000 worth of Chihuly art to Dan Kirby within 90 days of the bankruptcy.  Is this linked to the SamE debt?

Continue reading →