Estate of Ruth E. O'Brien-Hamel
2014 ME 75
| Me. | 2014Background
- Ruth E. O’Brien-Hamel died October 27, 2012; Jennifer Edmondson petitioned for formal adjudication of intestacy and appointment as personal representative.
- Ruth left all estate to Donald F. Hamel Sr. by will executed the day Ruth and Donald married (October 26, 2012).
- Probate court admitted the will to probate and denied Jennifer’s petition; Donald initially obtained informal probate as personal representative.
- Ruth’s relationships: estranged from her children; limited contact in final years; no visits by Jennifer during October 2012 hospitalization.
- Dr. Roger Austin, Ruth’s hospice physician, was designated as an expert later, but designation was contested as untimely; other evidence centered on Ruth’s capacity.
- Court held that the Probate Court properly admitted Dr. Austin’s testimony (without asserting capacity opinion) and affirmed the finding of testamentary capacity based on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion permitting the untimely expert | Edmondson argues designation was improper; untimely and prejudicial | Hamel contends designation timely enough; no surprise to Edmondson | No abuse of discretion; harmless error even if improper |
| Whether Ruth had testamentary capacity to execute the will | Jennifer argues lack of capacity given delirium, medications, and imaging of capacity | Hamel asserts Ruth had modest capacity; evidence supports capacity | Court affirmed capacity; Ruth had requisite testamentary capacity |
Key Cases Cited
- Bray v. Grindle, 802 A.2d 1004 (Me. 2002) (unconditional admission of expert when no surprise and no excusable neglect)
- Chrysler Credit Corp. v. Bert Cote’s L/A Auto Sales, Inc., 707 A.2d 1311 (Me. 1998) (test for expert designation discretion similar to standard for late designation)
- Estate of Siebert, 739 A.2d 365 (Me. 1999) (clear error review of capacity; weighing of evidence within Probate Court’s province)
- Estate of Dodge, 576 A.2d 755 (Me. 1990) (modest competence sufficient for testamentary capacity)
- Estate of Rosen, 447 A.2d 1220 (Me. 1982) (capacity requires only modest level of knowledge and control of assets)
- Estate of Record, 534 A.2d 1319 (Me. 1987) (admissibility of evidence before and after execution to show capacity)
- Estate of Horne, 822 A.2d 1177 (Me. 2003) (testamentary capacity standard applied to these facts)