Estate of Ada Y. Greenblatt
86 A.3d 1215
Me.2014Background
- Ada Greenblatt died intestate? No, testate with residuary estate to siblings and sister-in-law; two $10,000 charitable bequests and fourteen specific bequests; residuary distributed per stirpes to siblings and their families; personal representatives distributed sentimental items in kind using a 13-page item list with appraised values.
- Owen Greenblatt and Stephen Singer were named personal representatives; Owen and his sister-in-law were given opportunity to select items before others.
- A mizrah, valued at $100, was selected by Owen but later marked unavailable; Mark Levine, a residuary beneficiary, claimed Owen breached fiduciary duties.
- Levine objected to the mizrah distribution and later did not participate in the real-property sale or the waiver process; partition action for real-property proceeds resulted in a default judgment against Levine in 2011.
- Probate Court found the distribution scheme not improper; granted costs and attorney fees for the partition action; Levine appeals asserting fiduciary breaches and improper fee allocation; the court affirms the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Owen breach the fiduciary duty of impartiality by his mizrah award to himself? | Levine contends Owen favored himself. | Owen acted impartially under 18-B M.R.S. § 803. | No breach; distribution not improper. |
| Did the personal representatives abuse discretion in residuary distribution by in-kind transfers? | Levine argues improper prioritization of others' interests. | Representatives acted within discretion under 18-A M.R.S. § 3-906(a)(4). | No abuse of discretion; actions not improper. |
| Were the estate’s costs/attorney fees properly awarded against Levine for the partition action? | Levine contesting fees as sanctionable misconduct. | Fees sanctioned for needless partition action; Levine caused costs. | Affirmed; sanctions denied for frivolous conduct; fees awarded to estate. |
Key Cases Cited
- In re Estate of Morine, 363 A.2d 700 (Me. 1976) (impartiality and fiduciary duties principles in estates)
- Desmond v. Persina, 381 A.2d 633 (Me. 1978) (duty of impartiality and treatment of beneficiaries)
- Estate of McCormick, 765 A.2d 552 (Me. 2001) (sanctions and costs in probate proceedings; frivilousness considerations)
- Estate of Hunt, 990 A.2d 544 (Me. 2010) (standards for reviewing probate decisions on appeal)
- Alford v. Richardson, 114 A. 193 (Me. 1921) (trustee discretion and validity of discretionary distributions)