The Estate of Elizabeth Shapiro Gilmore
CAAP-22-0000644
Haw. App.Jun 5, 2025Background
- Elizabeth Shapiro Gilmore died intestate in Maui in 2005, survived by twin daughters, Samantha S. Cole and Amanda P. Cole, and her husband Donald Gilmore.
- Shortly after Gilmore's death, Samantha and Amanda agreed to divide their mother's personal property, with Samantha taking the paintings and Amanda taking the photographs, documented with Donald's consent.
- For fourteen years, the sisters possessed their respective items; in 2019, Donald assigned Amanda all rights to the photographs, including copyrights, and later copyrights to other creations.
- Samantha petitioned in 2020 to be appointed personal representative of the estate; the court initially granted her request.
- The probate court later found the property had been distributed in 2005, terminated Samantha as personal representative, and dismissed the probate action.
- Samantha appealed her removal; Amanda challenged Samantha's standing to appeal after being removed as personal representative.
Issues
| Issue | Plaintiff's Argument (Samantha) | Defendant's Argument (Amanda) | Held |
|---|---|---|---|
| Standing to Appeal After Removal | Removed representative can appeal | Terminated representatives lose authority | Court allowed appeal to be heard |
| Termination as Personal Representative | Removal was an abuse of discretion | No basis to redivide property; equitable factors preclude action | No abuse of discretion; removal affirmed |
| Collateral Attack on Appointment | Termination order attacked earlier appointment | No collateral attack committed | No collateral attack found |
| Consideration of Evidence/Statutes | Probate court disregarded certain evidence and statutes | All relevant filings and statutes were considered | Court considered evidence/statutes; no error |
Key Cases Cited
- Tax Found. of Hawai‘i v. State, 144 Hawai‘i 175 (Haw. 2019) (standing in Hawaii is prudential, not jurisdictional)
- In re Thomas H. Gentry Revocable Tr., 138 Hawai‘i 158 (Haw. 2016) (collateral attack doctrine discussed)
- Marvin v. Pflueger, 127 Hawai‘i 490 (Haw. 2012) (court's policy to hear cases on the merits)
- Erum v. Llego, 147 Hawai‘i 368 (Haw. 2020) (liberal interpretation of pro se pleadings to promote access to justice)