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Attorney Blog
SSB&S Wins Appeal in Million-Dollar Separate Property Case!
On May 29, 2008, the Court of Appeals, 4th Appellate District, filed an opinion regarding the case In Re Marriage of Henry and Rebecca Isensee. The Court of Appeals affirmed the lower court’s ruling in favor of SSB&S client, Henry Isensee. Mr. Isensee retained SSB&S to represent him in the dissolution of his 7-year marriage. Mr. Isensee was 86 years old when he married Rebecca who was 58 years old. Both parties executed a comprehensive prenuptial agreement that confirmed Mr. Isensee’s property, valued at almost 1 million dollars, would remain his separate property. However, over a short period of time all of Mr. Isensee’s property was put into joint name until, ultimately, almost every dime of his life savings were put into the sole name of Rebecca Isensee. Superior court commissioner, Walter D. Posey, agreed with the arguments presented by SSB&S and ruled that Rebecca Isensee exerted undue influence over Mr. Isensee. Therefore, the court confirmed Mr. Isensee’s life’s savings to him as his sole and separate property. Rebecca Isensee appealed the decision and the Court of Appeals affirmed the lower court and Mr. Isensee retained his life’s savings.
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