In re Estate of Gilbert

In January 2012, after the death of John Gilbert, intestate probate proceedings were commenced. In November 2013, the probate court concluded that the relationship between Judith Gilbert, John’s widow, and Nathan Gilbert, John’s son from a prior relationship, had “risen to the level of causing concern” and ordered that it would supervise Judith’s distribution and settlement of the estate. In 2015, a court-appointed referee filed a report recommending a plan to distribute the estate. Judith objected to many of the report’s findings and recommendations. Nathan moved the court to adopt the report. The probate court did not hold a hearing regarding Judith’s objections and did not act on the report but, rather, continued to supervise Judith’s administration of the estate by entering orders. The Supreme Court vacated the order and remanded, holding that because the court had not held a hearing on Judith’s objections and acted on the report, the court erred by continuing to enter orders supervising the disposition of the estate. Remanded. View "In re Estate of Gilbert" on Justia Law