Mediation led to settlement

Significant Settlement In Trust Litigation Case

Mediation led to settlement.


Monte Martens lost more than a loving mother in 2006. Martens argued that his stepfather made a promise to his mother that Martens would receive the full value of her property valued at over $1,000,000 USD after his stepfather died. Soon after his stepfather’s death, he realized the estate plan had been changed and Martens was disinherited from all of his mother’s assets.

Martens consulted Byron Husted of Morris Law Firm, APC, a specialist in estate planning, trust and will litigation, and elder abuse cases. Byron’s ability spans all facets of these types of cases, where many attorneys and law firms only specialize in one or the other. After evaluating the Martens’ rights, Byron Husted filed claims against his stepfather’s estate in San Diego. (Martens versus the estate of Lawrence Graham Timms, case number: 37-2014-00034218-CU-MC-CTL.) The case proceeded with Byron Husted filing multiple claims against the successor trustee of his stepfather’s trust.

“This was a complicated case that required multiple actions to preserve my client’s rights and claims to his mother’s estate,” says Husted.

Litigation proceedings were executed and soon mediation was proposed and accepted by both parties. The process of mediation eventually led to settlement.

“Without Byron Husted’s expertise and commitment to my case I would have given up before reaching a positive settlement,” said a relieved Martens. Martens is now satisfied that his entitlements were duly resolved and now has closure after extended periods of distress from his mother’s long term battle with cancer that led to her passing.


About Byron Husted and Morris Law Firm, APC: Byron Husted is highly experienced in the fields of estate planning, trust and will litigation cases, and elder abuse. Many attorneys only specialize in one of these fields and will refer cases to others. Byron’s tenure at Morris Law Firm, APC in Little Italy, San Diego, offers the ability to manage trust, will, and estate planning cases of the highest value in financial terms. Cases may be settled by litigation or in many preferred situations, by mediation, a method of settlement which is often lower in fees and often results in agreement from both parties.

Research based on article: Friday, November 20th, 2015 –