In re Estate of Stephen E. Libby

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The probate court did not err in adopting the report of a referee and imposing a constructive trust on Plaintiff’s interests in real property, but remand is necessary for the probate court to enter an appropriate judgment.Plaintiff, individually and as personal representative of the Estate of Stephen E. Libby, filed a complaint against her brother. Plaintiff’s brother filed a counterclaim against Plaintiff. A referee concluded that Plaintiff committed constructive fraud and recommended the imposition of a constructive trust on certain real estate. The probate court adopted the referee’s report and ordered judgment “entered in the record.” The Supreme Court affirmed, holding (1) the probate court did not err in adopting the referee’s report; but (2) the court’s docket entry did not comply with rules 58 and 79 of the Maine Rules of Probate Procedure regarding the entry of judgment. The court remanded with directions that the probate court enter an appropriate judgment. View "In re Estate of Stephen E. Libby" on Justia Law