Justia Maine Supreme Court Opinion Summaries
Articles Posted in Trusts & Estates
Estate of Gray
Decedent died testate, devising her estate in equal shares to her two surviving children, Daughter and Son. Daughter paid the estate's bills with her personal funds for several years. In April 2010, Daughter filed Decedent's will and petitioned to be named the personal representative. The probate court allowed the will, denied Daughter's request, and named an attorney as personal representative (PR). The PR caused a creditor's notice to be published in the newspaper beginning October 16, 2010. On January 19, 2011, Daughter filed a reimbursement claim against the estate for $40,871. The PR disallowed the claim, but the probate court allowed the majority of Daughter's claim, disallowing only her claim for reimbursement of telephone bills. Son appealed, arguing that Daughter's claim was barred by the statute of limitations. The Supreme Court vacated the judgment of the probate court and remanded, holding that the probate court erred in (1) finding that because Daughter's claim was filed within four months of first publication of the creditor's notice in the newspaper, it was timely; and (2) failing to consider Son's claims of waiver and unjust enrichment.
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Maine Supreme Court, Trusts & Estates
Estate of Stanley Pinkham v. Cargill, Inc.
The Estate of Stanley Pinkham appealed a superior court judgment granting Cargill, Inc.’s motion for summary judgment on the Estate’s complaint. In 2004, Mr. Pinkham consumed a boneless turkey sandwich that contained a piece of bone. The turkey was "manufactured" by Cargill, Inc. The bone caused an esophageal tear requiring surgery (Mr. Pinkham died several years later after sustaining his injury. He did not sue for wrongful death). Three affidavits that the Estate relied on to defeat Cargill's motion for summary judgment were held inadmissible at trial. After consideration, the trial court granted Cargill's motion noting that Maine had not established the requisite test to use when evaluating a strict liability claim for allegedly defective food pursuant to its strict liability statute. On appeal to the Supreme Court, the Estate argued that it provided sufficient evidence to create a genuine issue of material fact, thereby rendering summary judgment inappropriate. The Estate further argued that the court erred in concluding that the Estate failed to meet its burden of proof to establish facts from which a fact-finder could infer that Cargill’s boneless turkey product was defective. Upon review, the Supreme Court agreed that summary judgment was not proper given the facts presented in this case, and vacated the superior court’s judgment and remanded the case for further proceedings.
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Gray v. TD Bank, N.A.
Appellant's mother (Miller) opened a checking account with Bank. Appellant alleged that Miller added him as joint owner of the account with right of survivorship. After Miller died, Appellant withdrew all of the funds in the account. Miller's Estate brought an action against Appellant, alleging that the funds Appellant had withdrawn from the account belonged to the Estate. The probate court determined that Miller was the sole owner of the checking account and that the funds Appellant had withdrawn were the property of the Estate. The Supreme Court affirmed. Appellant later sued the Bank, seeking damages for breach of contract and negligence for failing to retain the records that would show his ownership of the account. Appellant also sought punitive damages. The superior court dismissed the action based on the doctrine of collateral estoppel, concluding that the precise issue of ownership was common to both proceedings. The Supreme Court (1) affirmed as to the breach of contract and punitive damages claims; but (2) vacated as to the negligence claim, holding that Appellant's negligence claim against the Bank was not barred by collateral estoppel, as the probate court did not adjudicate the factual issues related to this claim. View "Gray v. TD Bank, N.A." on Justia Law
Estate of Joyce v. Commercial Welding Co.
Michael Joyce, who was frequently exposed to airborne asbestos while working, died of lung cancer. His last documented exposure to asbestos dust was while working for Commercial Welding. A Workers' Compensation Board hearing officer later awarded the estate of Joyce benefits on a petition for an award of compensation and ordered benefits paid to Mary Joyce, Michael's widow, on a petition for death benefits. Commercial Welding appealed the hearing officer's decision as well as the hearing officer's determinations that (1) it had not cured a previously established violation of the Board's "fourteen-day-rule" because it had not paid interest on the required payment imposed for the violation, and (2) it was not permitted to offset the amount of the death benefits ordered to be paid to Mary by the amount of the payment for the fourteen-day rule violation. The Supreme Court vacated in part and affirmed in part the hearing officer's decision. The Court (1) disagreed with the hearing officer's decision that interest was due on the required payment to the Estate, but (2) agreed that the required payment amount could not be used to offset the death benefits ordered to be paid to Mary. View "Estate of Joyce v. Commercial Welding Co." on Justia Law
Dunwoody v. Dunwoody
Janice and Steven Dunwoody were divorced pursuant to a divorce judgment entered in the district court. Steven filed a motion to clarify the divorce judgment, seeking to establish a life insurance trust as provided in the agreement. The district court issued an order clarifying the original divorce judgment by ordering that the trust be established and ordering the cash surrender value of Steven's life insurance policy to be evenly split between Steven and Janice after their youngest child reached the age of twenty-three. Steven appealed. The Supreme Court vacated the judgment of the superior court, holding that the court improperly disposed of omitted property - the cash surrender value of the life insurance policy - within the purview of a motion to clarify. Remanded.
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In re Pike Family Trusts
Jeffrey Buhrman, the sole trustee of the Clifton Pike Family Trust, a testamentary trust established under Clifton Pike's will, appealed the decision of the probate court granting the petition of the two adult children of Clifton and Doris Pike to combine the assets of Doris's estate into Clifton's trust, terminate both parents' trusts, and direct that the assets be distributed. At issue was whether a spendthrift provision precluded the termination of the trusts. The Supreme Court affirmed after noting that a trust may be terminated early when its purpose has been accomplished or when there is no good reason for the trust to continue, holding that Buhrman failed to meet his burden that the spendthrift provision was a material purpose of the trust. View "In re Pike Family Trusts" on Justia Law
Posted in:
Maine Supreme Court, Trusts & Estates