In Re in the Matter of the Estate of Stacy Feldman, Decedent.

Summary

The court made its rule to show cause absolute, concluding that the probate court abused its discretion by freezing funds in the law firm's client trust account without applying the requirements governing a preliminary injunction. The court held that the slayer statute protected the firm from being required to return or pay liability for funds received in satisfaction of legally enforceable obligations, making success on the estate's proposed recovery unlikely. Because the funds could not properly be frozen, the ordered disclosures would not serve their intended purpose.