Two sons who were excluded from their father’s will have reached a settlement with the father’s estate for $190,000, the sons’ attorneys report.
Mitchell D’Or died in June 2012 at the age of 58. A new will he had executed in May 2011 had specifically excluded his adult sons and left his entire estate to two charitable beneficiaries, Hospice of Henderson County and Helpmate, a domestic violence agency in Asheville.
Bill Christy, the sons’ attorney, said that his clients introduced many medical records indicating that their father suffered from numerous mental conditions and disorders, including bipolar disorder and post-traumatic stress disorder, at the time that he executed his last will and testament. The inventory of the estate was valued at approximately $900,000, Christy said.
The settlement was reached Oct. 1, 2013 and approved by Buncombe County Superior Court Judge Alan Thornburg. Sam Aycock of Morganton acted as mediator.
Christy, of Stone & Christy in Black Mountain, said that while the negotiations were difficult, all the parties had agreed to mediate prior to the litigation, and there was a great deal of cooperation between the parties, which was very helpful in reaching a settlement.
Ervin Bazzle of Bazzle & Carr in Hendersonville represented the estate.
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SETTLEMENT REPORT – CAVEAT
Case name:
In Re Will of Mitchell Lath D’Or
Court: Buncombe County Superior Court
Case number: 12 E 784
Judge: Alan Thornburg
Mediator: Samuel Aycock, Morganton
Amount: $190,000
Settlement date: Oct. 1, 2013
Attorney for caveators: William Christy, Black Mountain
Attorney for estate: Ervin Bazzle, Hendersonville