"Clients were sued to collect a "loan" but was the victim of an alleged check-kiting scheme of which the clients were unaware of at the time they were asked to execute a loan to cover the losses arising from the scheme. Hale Freeland obtained the bank’s files, challenged issues related to the underlying bank loans and transactions. The financial institution which brought the suit denied any knowledge or participation in the scheme. Each party settled for their own particular reasons and was recently approved by a federal court."
A World War II Veteran pilot and former "Blue Angel" Navy pilot was left to live in deplorable conditions as his health and mental capacity deteriorated. He retired from the Navy after 30 years of service that began when he joined the Navy during WWII as an enlisted aircraft mechanic. A "friend," who began providing “financial advice,” took control of the veteran’s assets as the veteran lost mental capacity. He had the veteran taken to an out-of-town stranger to prepare a will, which tried to give the veteran's multi-million dollar estate to the “friend,” and the friend’s family. He had the veteran sign documents so that the veteran’s remains would be controlled by his “friend” upon the veteran’s death. The family took action, filed a conservatorship, helped restore their uncle’s health, which helped extend his life several years. Upon his recent death, the family ensured that their uncle received full military honors on-board a United States Navy warship, which committed his ashes to sea and also held a service for friends and family. The family challenged the questionable will, and the veteran died intestate – without a will – in a resolution of the case the week before the will contest was to be tried. Everyone was relieved to avoid what was going to be a difficult week of trial.
Together with a prestigious regional law firm, Hale Freeland filed suit against the trustee for taking advantage of his position as the trustee for his niece. The trust was established by a farmer for his only child after he was diagnosed with cancer. The father held a one-half interest in 1,649 acres of farmland and established the trust to ensure that his daughter would benefit from his interest. The father's brother promised to take care of his niece through the trust. After the father's death, the brother took control of the family farm and the $491,522.00 the father left to his daughter through a life insurance policy. The trustee failed to honor his promise to his dying brother, used his niece’s trust to pay his personal debts, kept all the income from the farm for himself, and concealed his activities from his niece and her mother. After long and protracted litigation in which the trustee attempted to avoid his responsibilities, the case settled when the trustee was about to face a jury trial.
Freeland Martz was retained by a church whose member passed away without notice of her death or service of commitment made in her behalf. After becoming aware of their member's passing, the church held a service for her and then engaged Freeland Martz to investigate the circumstances. The firm determined that the decedent's estate had been opened without notice to the beneficiaries of her estate. Freeland Martz entered and made an appearance to protect the interests of the church and identified assets the decedent intended for the church and others. Freeland Martz took over control of the member's estate and recovered significant bequests. They accomplished this without divisive hearings but instead by putting others on notice that the generosity of the decedent would be honored.
The client was sued to collect a "loan" but instead was the victim of an alleged check-kiting scheme of which he was unaware of at the time he was asked to execute a loan to cover the losses arising from the scheme. The financial institution which brought the suit denied any knowledge or participation in the scheme. Each party settled for their own particular reasons before any court decided who was responsible for losses and was recently approved by a federal court.
On Tuesday August 4, 2015, In Legal Terms discussed the 2nd Amendment and Gun Laws. Reed Martz was there to answer questions regarding the “purse carry” law, which went into effect on July 1, 2015, a 5th Circuit Court decision on Mississippi’s “guns in trunks” law, flaws in the NICS background check system, Obama’s failed war on guns, and more.
Hale will present "Overreaching & the Elderly," which will include recognizing issues of capacity and in capacity in the elderly, discerning the intent and furthering the best interest of elderly persons, and addressing problems of predators of elderly persons.
Hale will lead "Estate Planning for the Disabled" and "Ethical Considerations." To register for this seminar, please visit www.nbi-sems.com.
As a way to increase the availability of legal services to those of moderate to low income, Freeland Martz announces that it now offers limited scope representation, also known as unbundled legal services.
"Clients were victims of bank fraud which included the forgery of their signatures and an alleged check-kiting scheme in which the clients were unaware of at the time they were asked to execute a loan to cover the losses arising from the scheme. Hale Freeland obtained the bank’s files, challenged issues related to the underlying bank loans and transactions and brought the suit which challenged the loans and sought recovery of the clients' payment of those loans. Reed Martz and Hale Freeland negotiated a settlement of the claims with the financial institution which the court approved. Each party settled for their own particular reasons and was recently approved by a federal court."