Mack vs. Estate of Mack-In the top 100 Criminal and Civil Court Decisions in 2008

One of the top 100 Criminal and Civil Court Decisions in 2008

Mack vs. Estate of Mack

Listed in the top 100 criminal and civil court decisions is the case of Mack vs. Estate of Mack in Nevada. This case began as a family law case involving division of marital assets and resulted in a murder.

The Nevada Divorce Settlement

The story begins with Charla and Darren Mack’s divorce in 2005 after ten years of marriage. Judge Weller, presiding over the case, orally ordered Darren to pay Charla $480,000 and $10,000 in monthly support payments taken from Darren’s pension fund over a five year period. In addition, business entities owned by the Macks were asked to sign releases relinquishing their rights to sue the couple.

The agreement drafted by both Darren and Charla’s attorneys did not align with what was agreed to previously. A litany of affidavits and accusations were made by both parties as to the terms of the business part of the settlement agreement. Judge Weller reiterated his order in May of 2006. At this point, almost six months had gone. During this hearing, strangely Darren asked for Charla’s address, which she gave to him. Then things got ugly.

Nevada Divorce Dispute Turns to Murder

The next month Charla Mack was killed and Judge Weller was shot. Darren Mack was convicted of Charla’s murder and attempted murder of Judge Weller.

Can an estate substitute in a divorce proceeding in Nevada?

After Charla’s death, the District Court allowed Charla Mack’s estate to act as Charla in the divorce proceedings. The Estate of Charla Mack filed a motion in which it sought to have Judge Weller’s orders upheld and have his oral orders codified in a written order. Not surprisingly, Darren Mack’s attorney opposed this and asked that the motion be dismissed saying that a divorce action must be dismissed if one of the parties dies.

The Estate of Charla Mack opposed Darren’s motion to dismiss the case citing that in Nevada property issues do not abate at death. The court wound up concluding that if a written order had been available, Judge Weller would have signed it.

This article is a brief picture of the Mack divorce and wrongful death case that concluded in 2008. To read about the case in its entirety, go to the Nevada Law Journal’s website.