Estates and trusts — Claims against estate — Statute of limitations This appeal involves a dispute between siblings over the payment of expenses for two family properties. Ian and Cynthia Rubinstein each owned a quarter-interest in the properties, as did two other family members. Since 2005, Ian paid both his and Cynthia’s shares of the […]
MURRAY A. KIVITZ, PERSONAL REPRESENTATIVE OF THE ESTATE OF SEYMOUR BADEN v. ERIE INSURANCE COMPANY, ET AL.
Torts — Insurance law — Derivative claims This appeal arises out of a decision by the Circuit Court for Montgomery County denying a motion for summary judgment filed by Murray A. Kivitz, personal representative of the Estate of Seymour Baden, appellant, granting summary judgment in favor Erie Insurance Exchange, appellee, and entering a declaratory judgment […]
Estates and Trusts — Prenuptial agreement — Contract interpretation On December 10, 2012, appellant Michael K. Fisher filed a 36-count pro se complaint against his stepmother, appellee Doris R. Fisher in the Circuit Court for Anne Arundel County, claiming he had a right to sue in his individual capacity and as personal representative of the […]
NOTICE OF APPEAL -- APPELLATE BRIEFS -- Mary Jane Weiser, appellant, is a daughter of the late Mary Helen Jewell (“Helen”). In 2007, Helen established the “Mary H. Jewell Living Trust,” which she amended in 2011. On December 18, 2011, Helen died. Appellant has a younger sister, Betty Bryant, and a younger brother, Edward Jewell, Jr. Appellant and her sister Betty were named the Successor T[...]
MOTION TO REMOVE PERSONAL REPRESENTATIVE -- FAILURE TO FILE BOND ON TIMELY BASIS -- This appeal arises from a judgment of the Circuit Court of Anne Arundel County, the Honorable William C. Mulford, II, presiding, affirming an order of the Orphans’ Court for Anne Arundel County. The Orphans’ Court’s order denied Diane Carey’s motion to hold John J. Ryan, personal representative of the estat[...]
CIVIL PROCEDURE -- REQUEST TO FILE AMENDED COMPLAINT -- TIMELINESS -- This case comes before us for the fourth time following our decision in Kline v. Knight, Sept. Term 1999, No 2238 (filed December 2000) (Knight I), cert. denied, 363 Md. 660 (2001), after remand to the Circuit Court for Prince George’s County, Kline v. Knight, Sept. Term 2001, No. 2647 (filed August 28, 2003) (Knight II), and [...]
Did the circuit court err when it found that an individual was unable to manage her affairs effectively because of physical and mental disabilities, and that no less restrictive form of intervention is available that is consistent with her welfare and safety?
The Orphans’ Court interpreted the last will and testament to require that all assets should pass to his adopted daughter, rather than his former step-daughter. This distribution violated testator's intent as expressed by his will.
Merely because a court assumes jurisdiction over a trust does not give it unbridled authority to remove the trustee of the trust and appoint a new trustee without affording the process the rules require and without taking evidence and making findings about the grounds for removal.
I. Whether the Orphans’ Court erred in allowing the Personal Representative to retain counsel under MD. CODE, EST. & TRUSTS § 7-401(x) (West 2014) without prior court approval and to seek the attorneys’ fees from the Estate without said approval. II. Whether the Orphans’ Court erred in finding Estate counsel was entitled to attorneys’ fees for administration of the Estate, as well as [...]
Whether the orphans’ court’s order created an intestacy as to the decedent’s real property acquired after execution of the will, in contravention of the presumption against intestacy codified in MD. CODE ANN., EST. & TRUSTS § 4-402 (West 2014).
Anton Berk filed a multi-count civil action in the Circuit Court for Montgomery County against Carole Berk, several lawyers and a law firm for their various roles in implementing estate planning arrangements made by Anton’s deceased father, Maurice Berk. Carole, Maurice’s wife, was a trustee of an irrevocable insurance trust established by Maurice. The circuit court granted summary judgment in[...]