Justia Trusts & Estates Opinion Summaries

After learning of allegations of inappropriate and unwanted physical contact by Mark Langlais against Marviline Luneau in Luneau’s nursing home, the Department of Health and Human Services filed a petition for ex parte appointment of a public guardian. After a hearing, the probate court adjudicated Luneau incapacitated and appointed the Department Luneau’s temporary and permanent public guardian. Langlais appealed. The Supreme Judicial Court affirmed, holding that because the probate court found that Langlais was unsuitable to serve as Luneau’s guardian, the court did not err by declining to appoint Langlais as Luneau’s guardian. View "In re Guardianship of Luneau" on Justia Law

This case involved a dispute primarily among siblings regarding the substance of and rights to their mother’s estate. Plaintiff commenced an action against Defendants for tortious interference with an expectancy of an inheritance. The superior court granted summary judgment in favor of Defendants, concluding that Plaintiff did not make a prima facie case for the causation element of his cause of action. The Supreme Judicial Court affirmed, holding that Plaintiff could not establish a prima facie case for tortious interference with an expectancy interest, and therefore, the trial court did not err in granting the motion for summary judgment in favor of Defendants. View "Cote v. Cote" on Justia Law

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

In 1997, Jeanne Reed died. In 2013, George Reed, Jeanne’s son, filed a petition for formal probate of his mother’s will. The county probate court denied the petition as time barred. In 2014, George and his brother, Lawrence, filed a petition for the partition of certain real property, the only remaining asset of their mother’s estate. The county probate court dismissed the petition, determining that it did not have subject matter to consider the petition because there was no open probate proceeding for Jeanne’s estate. The Supreme Court affirmed, holding that the probate court correctly determined that it did not have subject matter jurisdiction. View "In re Estate of Jeanne S. Reed" on Justia Law

Steven Lake murdered his wife, Amy, and their two children before committing suicide. George Lake, Steven’s father, was appointed as the personal representative of Steven’s Estate (“the Estate”). Thereafter, Ralph Bagley, Amy’s father and a personal representative of Amy’s estate, filed a creditors’ claim against the Estate, anticipating a wrongful death action on behalf of Amy’s estate against the Estate. Bagley then filed a demand for bond seeking a bond in the amount of $150,000. Nearly two years later, Bagley filed a petition to remove George as the personal representative, alleging that he should be removed because he failed to obtain a bond despite the earlier petition. The court entered an order requiring George to submit a personal surety bond in the amount of $75,000 within thirty days and denied Bagley’s petition for removal. Bagley subsequently filed a motion for contempt against George for failing to timely obtain the bond. The probate court granted the petition, removed George from his position as representative of the Estate, and awarded attorney fees. The Supreme Judicial Court reversed, holding that the probate court erred in proceeding on the motion for contempt because the motion did not satisfy the requirements of Me. R. Civ. P. 66. View "In re Estate of Steven L. Lake" on Justia Law

Fiduciary Trust Co. filed a complaint to determine the proper method of distributing the principal of a trust of which Manchester H. Wheeler Jr. was a beneficiary. The superior court granted summary judgment in favor of Fiduciary, concluding that the doctrine of res judicata did not control the construction of the disputed term of the trust. The Supreme Judicial Court affirmed, holding that the superior court correctly entered summary judgment in favor of Fiduciary because (1) res judicata did not preclude the application of paragraph 2 of the trust, which governed the distribution of principal upon the trust’s termination; and (2) no genuine issue of material fact existed with regard to the unambiguous terms of paragraph 2. View "Fiduciary Trust Co. v. Wheeler" on Justia Law