In re Estate of Frost

After Barbara Frost died, her half-sister, Nancy Gamash, initiated a will contest, asserting that Frost’s will was a product of undue influence. In conjunction with that contest, Gamash sought a declaratory judgment that a note and mortgage held by Bank of America, N.A. (BANA) encumbering property of Frost’s estate were invalid. The probate court entered summary judgment in favor of BANA, concluding that the note and mortgage, as well as advances on BANA’s mortgage, were valid obligations of Frost’s estate. The Supreme Judicial Court affirmed the judgment in part and vacated it in part, holding (1) judgment was correctly entered in BANA’s favor as to the validity of the note and mortgage; but (2) summary judgment on the issue of the validity of certain mortgage advances should have been entered in favor of Gamash. View "In re Estate of Frost" on Justia Law