SHEILAH F. BROUS v. FARIDEH MIRMIRAN
Estates and trusts — Orphans’ court — Transmission of issues In these consolidated appeals, we consider three judgments rendered by the Orphans’ Court of Baltimore County in the Estate of Fred Fereidoun Mirmiran. The appellant and cross-appellee is Sheilah F. Brous, one of Mr. Mirmiran’s children. The appellee and crossappellant is Farideh Mirmiran, his surviving […]
IN RE: ESTATE OF FRED F. MIRMIRAN
Estates and trusts — Orphans’ court — Transmission of issues In these consolidated appeals, we consider three judgments rendered by the Orphans’ Court of Baltimore County in the Estate of Fred Fereidoun Mirmiran. The appellant and cross-appellee is Sheilah F. Brous, one of Mr. Mirmiran’s children. The appellee and crossappellant is Farideh Mirmiran, his surviving […]
EDGAR C. BRADFORD v. HELEN SMITH, PERSONAL REPRESENTATIVE OF THE ESTATE OF CHRISTINE BRADFORD, et al.
Estates and trusts — Attorney’s fees — Estates assets This case has a long and somewhat complicated history. There are two appellees: Helen Smith (“Ms. Smith”), Personal Representative of the Estate of Christine Bradford, and Fedder and Garten Professional Association (“Fedder and Garten”). Helen Smith is also a member of the Fedder and Garten law […]
JOHN BERMAN v. DAVID MODELL, ET AL.
Estates and trusts — Interlocutory appeal — Dismissal This case, before us for the second time, has its genesis in a verified petition for assumption of jurisdiction over the Bella U. Berman Living Trust (“the Trust”), filed in the Circuit Court for Montgomery County on May 22, 2018, by David P. Modell, trustee of the […]
JAMES CONTEE, et al. v. GARRETT CONTEE, et al.
Estates and trusts — Circuit court jurisdiction — Appointment of successor trustee In this appeal from a civil action in the Circuit Court for Calvert County, Kenneth Contee (hereinafter “Kenneth”), appellant, challenges the court’s assumption of jurisdiction over a fiduciary estate and appointment of a successor trustee. Read the opinion
MARYLAND DEPARTMENT OF HEALTH v. CHRISTINE MYERS
Estates and trusts — Medicaid reimbursement — Statute of limitations When the recipient of Medicaid benefits dies, the Maryland Department of Health (the “Department”) may pursue a claim against her estate for reimbursement of the Medicaid benefits she had received. Like any other creditor of an estate, the Department has a certain window of time […]
ALEXANDER BATHULA v. ANNA L. TRAVIS, et al.
Estates and trusts — Personal representative — Failure to properly name This appeal arises from the circuit court’s denial of Alexander Bathula’s (“Appellant”) Motion for Reconsideration, where it found that Appellant failed to properly name John L. Thompson (“Appellee”) in his capacity as personal representative of the estate of Anna L. Travis (“Ms. Travis”) in [&helli[...]
SHERRIE LYNN SMITH v. MARSHALL T. HORMAN
Estates and trusts — Trustee — Duty of care Marshal Horman, appellee, was appointed Successor Trustee to sell property that Sherrie Smith, appellant, and her sister inherited when their mother died in 2015. After the sale, Ms. Smith filed a complaint against Mr. Horman in the Circuit Court for Frederick County seeking damages for an […]
IN THE MATTER OF THE ESTATE OF DINESH O. PARIKH
Estates and Trusts — Expenses of estate — Bond premium In these consolidated appeals, appellants, Oxana Parikh and Namish Parikh,1 challenge several orders of the Circuit Court for Montgomery County, sitting as the orphans’ court, in the Estate of Dinesh O. Parikh. Tina Parikh and Lynn C. Boynton, Esquire, the Special Administrator of the estate […]
BERTHA L. PAIGE v. MECALE H. McCORKLE
Trusts and estates — Bank accounts — Constructive trust Michael A. Paige (“Decedent”) died intestate on July 1, 2013, at the age of 56. He was survived by his mother, Bertha L. Paige; his daughter, Je’Neice Perkins; and his fiancée, Mecale H. McCorkle. At the time of his death, and among other assets, Decedent owned […]
JEANNE M. ELLIS v. SAMIRA JONES
Estates and trusts — Real property — Lis pendens On November 17, 2017, Samira Jones (“Appellee”) filed a Notice of Lis Pendens in the Circuit Court for Prince George’s County against Jeanne Ellis (“Appellant”) individually and the Estate of John Moore, of which Appellant is the personal representative. The lis pendens pertained to real property […]
ANNA ORVARSSON, ET AL. v. ATLANTIC UNION BANK, ET AL.
Wills and trusts — Bequeath — Properly exercised legal authority The appellants, Anna Orvarsson and Thomas J. Wallen, Jr., filed a Complaint for Declaratory Judgement and Other Relief in the Circuit Court for Kent County. The appellee is the Atlantic Union Bank1 , the trustee of the Second Amended and Restated Revocable Trust of J. […]