In re Estate of Robert W. Kerwin
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The Supreme Judicial Court affirmed the judgment of the probate court granting in part Petitioner's petition for discovery of property pursuant to Me. Rev. Stat. 18-C, 3-110 but limiting the scope of the examination of Lorraine Kerwin, holding that Petitioner's notice of appeal was timely and that the limitation of the discovery was not an abuse of discretion.
Petitioner's father, the decedent, married Kerwin in 2005. After the decedent died in 2018, Kerwin filed an application for informal probate of a will and appointment of a personal representative. Petitioner field a claim against the estate concerning certain real estate that was held in a trust and for which Kerwin was a trustee. Kerwin disallowed the claim. Petitioner then filed a petition for discovery of property asserting that the transfer of real estate to the trust was the result of undue influence or fraud. The probate court granted Petitioner's request to examine the creation of the decedent's trust but limited Petitioner's examination of Kerwin. The Supreme Court affirmed, holding (1) Petitioner's notice of appeal was timely filed; and (2) the court did not abuse its discretion in limiting discovery.
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