Maryland Family Law Maryland family law opinions and commentary

Estates and trusts — Petition to modify — Conflict of interest In 2011, Vincent D. Cleary Sr. (“Vincent Sr.”) and his wife, Appellee Shirley A. Cleary (“Shirley”), created a revocable living trust (“the Trust”). Appellant, Vincent D. Cleary, Jr. (“Vincent ...

Estates and trusts — Petition to remove personal representative — Timeliness This case is before us on appeal from an order of the Circuit Court for Harford County, sitting as the Orphans’ Court for Harford County, denying a Petition for ...

Estates and trusts — Fiduciary relationship — Undue influence This appeal arises from a trial in the Circuit Court for Howard County in which the trial court, sitting as the finder of fact, found in favor of Doris Williams (“Doris”), ...

Civil litigation — Default judgment — Res judicata In this appeal from a civil action in the Circuit Court for Montgomery County, Dawn Perlmutter and Thomas Bolick, appellants, challenge the court’s failure to enter default judgment against appellee Scott Perlmutter, ...

Estates and trusts — Personal representative — Priority statute The purpose of this litigation was to determine who should be the personal representative of the estate of Kevin Bushell. The choices were Kevin Bushell’s wife, Jennifer Simon, the Appellant here, ...

Estates and trusts — Redistribution agreement — Enforceability This family dispute is, at its heart, an issue of contract interpretation, with some procedural questions peppered in. Darryl Anthony Taylor appeals from the decision of the Circuit Court of Charles County ...

Estates and trusts — Trustee — Motion to remove This appeal arises out of two consolidated cases filed in the Circuit Court for Baltimore City. On July 11, 2017, Kevin L. McIntyre filed a petition, and later a supplemental petition, ...

Estates and trusts — Will — Validity A valid will may be revoked during the testator’s lifetime in several ways under Md. Code, Estates & Trusts (“ET”) § 4-105(1) & (2) (1974, 2017 Repl. Vol.)1 , including by “provision in ...

Inter vivos gift — Confidential relationship — Undue influence After the 2016 death of her beloved husband of 56 years, Luigi Traettino, Appellant Angela Traettino’s life has consisted of being pulled in different directions by those closest to her, her ...

Estates and trusts — Trust consolidation and distribution –Trustee’s authority This appeal is the latest, and hopefully the final, chapter in the saga of the Fink Family Trusts. Both parents have died, and the trustees filed a petition asking the ...