Allen v. Ritter
10 A.3d 1183
Md. Ct. Spec. App.2010Background
- Roy Harry Allen died in 2005 with an estate of about $298,266.76 and a valid will; three children survived: Virginia Leitch, Deane Allen, and Robert L. Allen.
- Virginia Leitch was initially Personal Representative; later Robert L. Allen and Leitch were removed, and Sharon Ritter was appointed Successor Personal Representative in 2008.
- After Ritter’s appointment, disputes over estate administration continued, including a Petition for Reimbursement of Expenses related to care of the decedent and related litigation by the Allen brothers.
- Ritter filed a First and Final Administrative Account in September 2008; the Allen brothers opposed, and the Final Account was approved in May 2009.
- In June 2009 Ritter requested the Allen brothers and Leitch sign a release before distribution; the Allen brothers refused.
- In September 2009 the Orphans’ Court ordered the signing of releases; the Allen brothers appealed, and the court affirmed the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ET 9-111 authorizes a release before distribution. | Allen brothers contend releases are not required; 9-111 only contemplates optional release. | Ritter argues 9-111 gives right to require release prior to distribution. | Yes; 9-111 confers right to obtain a release prior to distribution. |
| Whether the Orphans’ Court had authority to compel a signed release. | Allen brothers deny court power to force signing a release. | Ritter argues court may order releases as incident to administration. | Yes; court properly ordered signing of releases under its powers in estate administration. |
Key Cases Cited
- Carven v. State Retirement and Pension System, 416 Md. 389 (Md. 2010) (statutory interpretation; plain language governs)
- Pfeufer v. Cyphers, 397 Md. 643 (2007) (facts on review; presumption of correctness for findings of fact)
- Webster v. Larmore, 270 Md. 351 (Md. 1973) (9-112 protection when distribution ordered)
- Gradman v. Gradman, 182 Md. 293 (Md. 1943) (principles of estate distributions; court authority)
- State v. Hayes, 221 Md. 308 (Md. 1960) (protection of administrator when following statutory process)
- Hoffman v. Hoffman, 88 Md. 60 (Md. 1898) (distribution protections; early authority relating to estate administration)