Court to hear debate on officer’s disputed inheritance
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Portsmouth police Sgt. Aaron Goodwin, left, and Geraldine Webber who died Dec. 11 at the age of 94.Herald file photos
PORTSMOUTH — A Superior Court case involving a local police officer’s disputed inheritance is scheduled for a hearing later this month, while some involved parties are left as observers due to their lack of response to the court.
By order of the court, a hearing was scheduled for Oct. 21 to hear both sides of a debate involving the estate of the late Geraldine Webber, who left an estimated $1.8 million to Portsmouth police Sgt. Aaron Goodwin. Multiple parties allege in court documents that Goodwin unduly influenced Webber while she was impaired by dementia.
Hampton attorney Gary Holmes, who assisted Webber with writing the now-disputed will and trust, has asked a judge to keep information about the case out of public view. In a motion dated Aug. 30, Holmes’ attorney, Ralph Holmes (no relation), petitioned the county probate court for a protective order to keep future information about Webber’s medical, legal and financial affairs under seal. Ralph Holmes claims Webber’s medical information is protected by the Health Insurance Portability and Accountability Act, despite the fact she died Dec. 11, 2012.
“The facts of this case have garnered a significant amount of media attention,” Ralph Holmes wrote to the court. “It has become abundantly clear that the records and information produced going forward have a substantial likelihood of being published in the media. Without protection from the court, such information and records will include the decedent’s personal medical and financial records, which should be safeguarded from publication.”
Portsmouth attorney Paul McEachern, who is representing several clients contesting Webber’s last will and trust, has opposed the request to keep the records under seal.
“The allegations of wrongdoing are wrongdoing by public officials,” he said.
McEachern’s clients were beneficiaries of a will Webber signed in 2009 through Portsmouth attorney James Ritzo, but were omitted, or named as lesser heirs in a will and trust she signed with Gary Holmes in 2012.
Attorney David Eby is representing the Memorial Sloan-Kettering Cancer Center and the Shriners Hospitals for Children, and has also objected to keeping the case under seal. The medical groups were beneficiaries in Webber’s prior will, each for one-fourth of her estate, then were named as $25,000 beneficiaries in the final trust.
Eby alleges Goodwin “knowingly took advantage” of Webber, who was 93 and “suffering from dementia,” to “effectively seek to transfer the vast majority of Ms. Webber’s significant assets” to himself.
“This despite the fact that she had only recently met Aaron Goodwin prior to signing the estate planning document,” Eby alleges.
Goodwin has repeatedly said, “The allegations that I exploited a member of our community are completely untrue.”
A recent order by the court also notes that Portsmouth’s Chase Home for Children, which was named a $25,000 beneficiary in Webber’s last will and trust, did not file an appearance or answer with the court. As such, Judge Peter Hurd ordered, the Chase Home has surrendered its right to be a party in the court dispute. If the court upholds the final will and trust, Chase Home would still receive the $25,000 inheritance.
Webber was video-recorded when she endorsed her estate plans with Holmes and said she wanted the Chase Home funds to go to a worthy young man, while specifying she did not want the money to go to a young woman.
Also noted as having not filed an answer with the court regarding the case are multiple individuals, including Portsmouth police Capt. Mike Schwartz. He was named as a $25,000 beneficiary in Webber’s last will and trust, but wrote a letter to the court saying he is not interested in receiving the money, and if it is awarded to him, he will give it to the city.
The attorney general’s office has filed an appearance in the case with regard to the beneficiary charities.
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