Disclaimer: It is important for you to realize that each case is different. You must not allow prior results to create any expectation about the results you might receive in your potential case. Some cases result in no recovery whatsoever. Nevertheless, the following list of some recent results in cases we have handled at the trial court level (as opposed to appellate decisions) may give you a better understanding of the types of cases we handle and the kind of services we provide.
Click on the titles to read each success story
Live-in Companion Claim Upon Estate
In re the Estate of James Walter Roberson
Pierce County No. 12-4-00421-1
Defense of Committed Intimate Relationship (CIR) Claim
Successfully Concluded: August 31, 2012
Pierce County No. 12-4-00421-1
Defense of Committed Intimate Relationship (CIR) Claim
Successfully Concluded: August 31, 2012
Decedent's live-in companion asserted claim, based upon a CIR, to the entire estate of this intestate administration (no will in place). Benjamin Law Group assisted the Administrator in vigorously defending against such claim. After receiving all-encompassing discovery that made clear that the claimant did not fit into the factors identified in Washington state case law, the companion dismissed her claim.
Recovery by Personal Representative of Improperly Received Funds
In re Estate of Robert Lee Williams
King County Superior Court Cause No. 10-4-04888-7 KNT
Date of Hearing / Decision: September 28, 2010
King County Superior Court Cause No. 10-4-04888-7 KNT
Date of Hearing / Decision: September 28, 2010
We successfully represented the Personal Representative of this Estate in recovering or providing for all of the funds improperly received by some of the children of the decedent two days before he passed away. Virtually all of the liquid assets of the decedent were pulled from bank accounts in a manner that did not coincide with the provision in the Last Will. Within six weeks of the withdrawal, the vast majority of the funds were returned to the estate, or were otherwise satisfactorily accounted for or covered by judgment against the receiving children, who also were assessed the full legal fees and costs associated with said recovery in the Citation action.
Guardian ad Litem for Minor Child
In re T.R.
King County Superior Court Cause No. 96-4-02930-8 SEA
King County Superior Court Cause No. 96-4-02930-8 SEA
T.R., a bi-racial girl, was approximately seven years old when her mother planned to file for divorce. Upon learning this, T.R.'s father came to the family home, shot and killed T.R.'s mother and brother, shot and injured T.R. and then, thinking that T.R. was dead, shot and killed himself. Andrew Benjamin served as guardian ad litem for T.R. to ascertain whether the minor should live with the mother's extended Caucasian family in a very small town in Eastern Washington or with her natural father's African-American family in Chicago. The case presented multiple layers of hostility, suspicion and uncertainty that required investigation and clarification. Through the efforts of the guardian ad litem, as well as the attorney and the extended family, the child was cared for, nurtured and counseled for several years in the security of her maternal uncle's home in Eastern Washington, after which she moved in with her father's family in Chicago.
Asset Conversion
Baird v. Hilton
King County Superior Court Cause No. 89-2-14164-7
King County Superior Court Cause No. 89-2-14164-7
Mr. Baird claimed that his assets had been converted by his adult daughter. After citation of the daughter into the Superior Court, commanding her to account for her actions, we were able to recover all of the funds and have them returned to Mr. Baird.
Guardianship Converted Funds Reclamation
Bennett v. Bennett
U.S. Bankruptcy Court for the Western District of Washington Adversary No. 89-01760
U.S. Bankruptcy Court for the Western District of Washington Adversary No. 89-01760
After a guardianship was established for Ruth Bennett, her daughters realized that their brother had converted virtually all of their mother's money while he was professing to care for her in the months prior to the guardianship. Mr. Bennett was cited to appear and show cause why a judgment should not be rendered against him. He responded by saying that the funds advanced by his mother were designed to meet some of his bills or were gifts. On the eve of trial in the King County Superior Court, Mr. Bennett declared bankruptcy. The guardianship then filed an adversary action to obtain a judgment in the bankruptcy court that would then be transferable to the State of Washington. The matter was tried without a jury in the bankruptcy court, and a judgment in favor of the guardianship was obtained for $132,886, attorney fees for $10,837.75 and costs of $929.15. The judgment was transferred to the State of Washington, and collection efforts were prosecuted on behalf of the guardianship. Ultimately, the guardian and her counsel, Mr. Benjamin, joined with the King County Prosecutor in prosecuting criminal charges against Mr. Bennett. The guardianship obtained full satisfaction of the civil judgment.