Special judge gets cop’s disputed inheritance case Sgt. Goodwin’s $2.7M inheritance to be reviewed by new court

Special judge gets cop’s disputed inheritance case Sgt. Goodwin’s $2.7M inheritance to be reviewed by new court (NH)

October 31, 2014

PORTSMOUTH — A legal dispute over a police officer’s $2.7 million inheritance has been transferred to the Strafford County Superior Court and Probate Judge Gary Cassavechia, who was recently charged with managing a special docket for the state’s most complex trust litigation cases.
By order of administrative Judge Edwin Kelly, Cassavechia will preside over the case involving the estate of the late Geraldine Webber, who changed her will months before she died to leave her waterfront home, stocks, bonds and a Cadillac to Portsmouth police Sgt. Aaron Goodwin. Webber’s last will and trust is being challenged by people and entities with diminished inheritances as a result of the bequest to Goodwin. Those entities include the Portsmouth police and fire departments.
Several lawyers allege in the probate court that Goodwin exerted undue influence over Webber, while she was impaired by dementia, to benefit from her last will and trust.
Cassavechia began presiding over the newly-established trust docket in January, when Judge David King, deputy administrative judge for the state’s circuit court system, said it was established to prevent backlog of routine estate cases, by designating complex cases to Cassavechia’s docket.
“The Circuit Court has been acutely aware of the need to make changes in response to the growing number of complicated trust cases that we are seeing in the probate division,” said King, when announcing the new docket last December. “As a result, we are instituting a new trust docket which will allow the court system to identify early on those cases where significant assets are at stake and that are most likely to result in prolonged litigation, with extensive discovery and a lengthy trial.”
According to the state judicial system, Cassavechia’s experience included presiding over the well-known Tamposi trust case that lasted several years, “in addition to many other complex trust and estate matters.” According to King’s announcement, Cassacechia “is widely respected by the probate bench and bar for his keen knowledge of the law and his ability to manage complex litigation with a multitude of issues and parties”.
The trust docket came in response to the legislature passing the Trust Modernization Act in 2011 which, according to the state judiciary department, “by design, attempts to make New Hampshire the most trust-friendly state in the country.”
Attribution:
Special judge gets cop’s disputed inheritance case Sgt. Goodwin’s $2.7M inheritance to be reviewed by new court
Elizabeth Dinan
October 3, 2014
SeaCoastOnline.com
http://www.seacoastonline.com/article/20141003/NEWS/141009658/101141/NEWS#sthash.UGKVWwZ1.dpuf

Retired judge to investigate police officer’s $2.7M inheritance (NH)

Retired judge to investigate police officer’s $2.7M inheritance (NH)

September 20, 2014

PORTSMOUTH — Retired Judge Stephen Roberts was selected by the city’s Police Commission on Thursday to lead an investigation into a police officer’s disputed $2.7 million inheritance.
The investigation involves a 2012 will and trust for the late Geraldine Webber, who left police Sgt. Aaron Goodwin the majority of her estate including her riverfront home, stocks, bonds and a Cadillac. Multiple parties allege in the county probate court that Goodwin exerted undue influence over Webber, while she was impaired by dementia, to inherit her vast estate.
Roberts works at the Portsmouth law firm of Hoefle, Phoenix, Gromley & Roberts and from 1989 to 2011, served as a special justice with the Somersworth and Dover District Courts. From 2003 to 2011, he was one of two judges appointed to the Police Standards & Training Council. He also served on a committee established by the attorney general’s office to investigate the shootings of four Drug Task Force officers and the shooting death of Greenland Police Chief Michael Maloney.
Police Commission Chairman John Golumb said the investigation will not replace or interfere with a separate investigation being litigated in the county probate court.
Roberts accepted the appointment and said he expects to select two other members of the community to serve on the investigatory panel within two weeks. Roberts is also charged by the commission with exploring the possibility of including “a professional management group to assist with the investigation,” Golumb said.
“While the scope of the work will be determined once this group is put together, globally their task will be to determine the facts and circumstances surrounding the relationship between Aaron Goodwin, Geraldine Webber and the Police Department and produce a final report suitable for distribution to the public,” the commission announced.
Roberts said he created an email account for the sole purpose of collecting information about the case and that he’s the only one with the password. It is not affiliated with the city of Portsmouth in any way, Roberts said.
The email address is webbergoodwininvestigation@gmail.com.
Webber’s 2009 will was written by Portsmouth attorney James Ritzo and did not name Goodwin as a beneficiary. Hampton attorney Gary Holmes wrote the 2012 will and trust that is being contested.
Depositions of lawyers who declined to rewrite Webber’s estate plans, of her banker and her accountant suggest she had dementia at the time she transferred everything to Goodwin, while she told people she loved him. She was in her 90s and he was in his 30s at the time, according to court records.
Rockingham County Probate Judge Mark Weaver has set an Oct. 15 deadline for parties objecting to her 2012 will and trust to file with the court a list of expert witnesses expected to be called during trial. The trial, expected to last five or more days, will commence after Feb. 1, according to court records.
Webber’s physician, Dr. Ira Schwartz, was scheduled to be deposed Thursday afternoon.
In a Feb. 17, 2014, deposition of attorney David Mulhern, who declined to change Webber’s will, Mulhern said he was contacted by Goodwin about changing Webber’s will and as part of an initial investigation, he called Schwartz to inquire about her competency. In response, Mulhern said, he received the following voicemail from Schwartz:
“I cannot attest to her competency. I can give you more details why, plus other information you may find relevant. There is no way in the world I am going to be able to say this eccentric woman is competent.”
Attribution:
Retired judge to investigate police officer’s $2.7M inheritance
Elizabeth Dinan
September 4, 2014
SeaCoastOnline.com
http://www.seacoastonline.com/articles/20140904-NEWS-140909883

Council should revisit Webber settlement

         

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Brad Lown

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By Brad Lown

August 22, 2014 2:00 AM

Now that the City Council has sanctioned the creation of a three-person panel to thoroughly and independently investigate matters pertaining to the Geraldine Webber estate, the council should publicly discuss the possibility of reviving the proposed settlement of the litigation now pending in the Rockingham County probate court.

At the time the Police Commission voted unanimously to reject the possibility of a settlement in the litigation, the council had not yet discussed the possibility of an investigation. It is my impression, based on the comments of the settlement opponents, that opposition to any settlement is based on three factors. First, the opponents of the settlement do not feel it would be fair, equitable, moral or legal for police Sgt. Aaron Goodwin to benefit in any way from the Webber estate. Second, opponents believe a settlement would obviate the need for a trial that might, through discovery and testimony, reveal the actions of Goodwin and/or the Portsmouth Police Department. Third, opponents view approval of the settlement as a capitulation of principle and a reward for greed or wrongdoing.

Addressing the first concern, it is of course possible, perhaps even probable, that if the case goes to trial, the estate will prevail and Goodwin will inherit the bulk of the estate — the opposite result settlement opponents wish to see. As the mediator (retired probate judge John Maher) has correctly and publicly pointed out, under New Hampshire law, there is a very low threshold of proof to establish testamentary capacity. Webber only needed to know the extent of her estate and the natural objects of her bounty — her heirs. On the other hand, opponents of the second (2012) will and trust must meet a very high standard of proof to establish undue influence. They must persuade the court under New Hampshire law that the second will and trust was a product of "force or coercion that alter(ed)" Mrs. Webber's "will" (see the case of Bartis v. Bartis, 107 N.H. 34, 37, 216 A.2d 784, 786 (1966)). Although the outcome of the probate court litigation is of course uncertain, it is quite conceivable that the estate will succeed in persuading the court to uphold the validity of the 2012 will and trust. Thus, if opposition to any settlement is based on the desire to prevent Goodwin from sharing any portion of the bequest, there is a distinct downside to that approach. If the estate prevails, Goodwin will inherit the bulk of the Webber estate — about $2.3 million.

Equally important, the city will lose the opportunity to receive the $800,000 the settlement would have provided and will instead get nothing. It is the duty of the City Council to look out for the best interests of the citizenry. This duty includes a duty to investigate the possibility of wrongdoing in any of its departments, but it also includes a duty to the taxpayers who are increasingly burdened by having to pay more and more, year after year. What will the Council say to the taxpayers if the Webber case goes to trial and the estate prevails? Are opponents of the settlement really willing to gamble by going to trial and risk losing $800,000 that might otherwise provide significant tax relief?

The second concern of settlement opponents — the need to learn what happened — is now presumably moot as a result of the approval of the investigation. The investigatory panel will uncover the necessary facts the citizens wish to know. The process will be open, inclusive, thorough and independent. There is no need for the litigation in the probate court to continue in order to discover additional facts. Much discovery in the probate court case has already been done and the investigatory panel will have the benefit of the sworn deposition testimony. Thus, rejection of the settlement for the purpose of facilitating fact-finding in the context of litigation doesn't make much sense.

The third basis for opposing the settlement reflects a lack of understanding of what the concept of a settlement is all about. There is nothing inherently wrong with settling matters involved in litigation. Lawyers and parties do it all the time. When a settlement is reached voluntarily, it avoids the cost and uncertainty of a trial. In a will challenge case, the attorneys' and fiduciarys' fees incurred by the estate are paid out of the assets of the estate. Therefore, the amount to be distributed between contesting parties is continually and substantially diminished as the litigation proceeds. This of course hurts the residuary legatees (who divide whatever assets remain after the specific bequests are paid). Goodwin is a specific legatee under the second will and trust. He would receive specified assets, including the real estate and bonds — before any distribution to a residuary beneficiary. The city is a residuary beneficiary under both the first will and the 2012 trust. While litigation benefits the lawyers who charge $250-$350 per hour for their work, it hurts the residuary beneficiaries. Even if the case were to go to trial and the 2012 will and trust were held to be invalid, the city as a residuary beneficiary under the first will would likely get less than it would get under the proposed settlement due to the cost of litigation.

It appears that many opponents of settlement of the Webber case feel that the proposed settlement was not "transparent," that it was reached "behind closed doors" and is somehow dishonorable. While it is true in the Webber case that the majority of the parties met privately to reach a settlement, the terms of the settlement are public knowledge and require the approval of the Police and Fire Commissions and the City Council after an open debate at each level.

For the above reasons, I will urge the City Council to recommend that the Police Commission reconsider its rejection of the settlement in light of the council's approval of an investigation or that the city request, and urge the other settling parties to request, a stay of the litigation for six months while the investigatory panel does its work. The Police Commission may then take whatever disciplinary action may be necessary and may institute any needed reforms in the department. After that, assuming the commission doesn't change its mind now and assuming the settlement remains extant, I would propose that the Police Commission revisit the proposed settlement after it has the necessary facts to weigh the equity and wisdom of doing so.

Brad Lown is a lawyer and a Portsmouth city councilor.

Police Commission right to deny out-of-court settlement

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August 15, 2014 2:00 AM

The Portsmouth Police Commission made the right decision Wednesday, when the three-member panel unanimously voted not to endorse an out-of-court settlement that would have given the Police Department a large inheritance from the late Geraldine Webber.

The fight over the $2.7 million estate of Webber, who died in December 2012 at age 93, will now move to trial, as it rightfully should. The fact the city's police and fire departments stood to receive a sizable bequest, estimated at $400,000 apiece through a proposed settlement, further complicated the Police Commission's ability to endorse the proposal.

Not only did the commission make the right decision, the commissioners did so for the right reasons. Commissioner Brenna Cavanaugh said she did not support the proposed settlement due to comments she has received from the public, saying "integrity and transparency are more important than the money."

Commissioner Jerry Howe agreed, saying of the potential receipt of $400,000, "I think that's selling the reputation of the city pretty low."

Under the proposed settlement, police Sgt. Aaron Goodwin would have received a $425,000 inheritance, however, he has been accused by multiple parties of exerting undue influence over Webber so he could inherit the bulk of her $2.7 million estate. A settlement would not have proven whether that was the case.

Because Goodwin first met Webber while responding to her home as an on-duty police officer, he and the Portsmouth Police Department have been accused of corruption. Those are serious charges and they deserve to be heard and responded to in open court. As has been previously stated on these editorial pages, Goodwin deserves his day in court. If he has done nothing wrong as he has repeatedly asserted, he should want his day in court.

The entire situation is unfortunate, however, including the fact that $440,000 of Webber's estate has already been spent on legal bills and the number will only grow. Retired judge and Portsmouth resident John Maher, who mediated the proposed settlement process, said there are 17 more depositions to be taken in the case as it heads to trial.

But there is simply no avoiding the need for this matter to go to probate court so all arguments involving Webber's intentions for her estate can be heard, debated and considered in public.

But even as the case heads toward trial, the city still must initiate an independent investigation of the situation to be sure all proper checks and balances were followed. Assistant Mayor Jim Splaine, following the Police Commission's rejection of the settlement, said he intends to move forward with his plan to have the City Council call for an independent review of the issue that involves the state attorney general's office, and begins in no more than 30 days. The Police Commission also said it will conduct its own independent review after the probate case is settled.

"The integrity and credibility of Portsmouth city government is at stake," Splaine said. "We have to figure it out. We have to get to the bottom of this."

Regardless of what happens to Webber's estate following the probate court trial, the only way the city can rise above the doubt created by this situation is to complete that independent review