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Estates and Trusts

Jun 2, 2023

IN THE MATTER OF THE ESTATE OF DINESH O. PARIKH

Estates and Trusts — Appealability — Show-cause order Namish Parikh and Oxana Parikh, appellants, are before this Court for the sixth time. Together, they challenge two orders entered by the Orphans’ Court for Montgomery County relating to the administration of the estate of Dr. Dinesh O. Parikh. Read the opinion

Mar 27, 2023

IN RE: THE ESTATE OF MEHDI AHMAD

Estates and trusts — Petition to caveat will — Decedent’s domicile In this appeal, M. Abraham Ahmad challenges the orders of the Orphans’ Court for Montgomery County granting summary judgment against his Petition to Caveat his father’s will and denying his Petition for the Allowance of a Claim. Read the opinion

Feb 13, 2023

JOAN M. SULLIVAN v. REBECCA ANN WYATT

Estates and trusts — Undue influence – Judgment creditor Everett Wyatt died intestate at the age of 73 in 2018. He is survived by his second wife, Joan M. Sullivan, appellant, and his daughter, Rebecca Ann Wyatt, appellee. In the Circuit Court for Anne Arundel County, Rebecca filed suit against Joan alleging, inter alia, that […]

Jan 23, 2023

EDWARD MCCAWLEY v. TRUSTEE OF MCCAWLEY FAMILY TRUST

Estates and Trusts — Breach of trustee’s duty — Res judicata Edward McCawley, appellant, filed a complaint in the Circuit Court for Prince George’s County against Maureen Burke, Trustee of the McCawley Family Trust, alleging that Ms. Burke had breached her duties as Trustee and asking that she be removed as Trustee. Read the opinion

Jan 13, 2023

DIANA & YOLANDA WINKLER v. VERONICA SHANNON

Estates and trusts — Breach of fiduciary duty — Remedy This case arises from a dispute regarding the administration of the estates of Effie and Eustace Thornton. Appellants, Diana Winkler and her daughter, Yolanda Winkler (collectively, the “Winklers”), were the initial personal representatives for the respective estates. In 2018, Yolanda Winkler was removed as the […]

Jan 9, 2023

NICHOLAS SHANEFELTER v. JAMES EDWARD HOOD, JR.

Estates and trusts — Insurance policy — Liability cap To facilitate the prompt settlement of decedents’ estates, a person must “present” a claim against an estate within six months after the decedent’s death or two months after the personal representative mails or delivers proper notice of the need to file a claim within two months, […]

Dec 12, 2022

IN RE: ESTATE OF ERNESTINA BOU

Estates and trusts — Administrative account — Exceptions Appellant Thomas F. Kennedy asks us to reverse a judgment of the Orphans’ Court for Montgomery County that denied his exceptions to the seventh administrative account filed in the Estate of Ernestina Bou. Read the opinion

Nov 18, 2022

IN THE MATTER OF IVA E. JOHNSON

Estates and trusts — Trustee — Removal In this appeal, Kevin Johnson, appellant, challenges the decision of the Circuit Court for Montgomery County to remove him as trustee of the Iva E. Johnson Revocable Trust (“Trust”). Read the opinion

Sep 1, 2022

IN THE MATTER OF THE ESTATE OF JAMES BRADLEY CURTIN, JR.

Estates and trusts — Personal representative — Petition for litigation of counsel fees This appeal arises from the decision of the Orphans’ Court for Calvert County relating to administration of the Estate of James Bradley Curtin, Jr. (“Mr. Curtin” or “the decedent”). Specifically, appellant, James Bradley Curtin, III (“JBC III”), the Personal Representative of the [&hell[...]

Aug 15, 2022

ALAN HOLT v. THOMAS ELLIS

Estates and trusts — Wills — Copies It has long been the law of Maryland that the contents of a lost or inadvertently destroyed will could be established by production of a copy of the will or other evidence of its contents coupled with evidence that the testator had not revoked the will. Read the […]

Jul 13, 2022

IN RE: THE ESTATE OF MYRTLE ROLLINS

Estates and trusts — Motion to reopen estate — Substantial justification This appeal principally concerns the efforts taken by an attorney to collect a money judgment after the judgment debtor died. Through garnishment proceedings, the attorney obtained information about bank accounts in the name of the decedent and her family members. In the Orphans’ Court […]

Jul 13, 2022

IN RE: THE ESTATE OF LEROY ROLLINS, SR.

Estates and trusts — Motion to reopen estate — Bad faith This appeal principally concerns the efforts taken by an attorney to collect a money judgment after the judgment debtor died. Through garnishment proceedings, the attorney obtained information about bank accounts in the name of the decedent and her family members. In the Orphans’ Court […]

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