Articles Posted in Estate Planning

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Trustee sought an order allowing him to remove the life tenant (Defendant) from property owned by the trust. The probate court issued an order in conformity with Trustee's petition after Defendant was defaulted for failing to appear. Defendant filed a complaint in superior court purportedly appealing from the decision of the probate court. The trial justice concluded that Defendant had failed to comply with the requirements for filing a claim of appeal from the probate court and granted Trustee's motion to dismiss. The Supreme Court affirmed, holding that the superior court lacked jurisdiction to entertain Defendant's appeal for failure to comply with every relevant provision of the statute governing appeals from the probate court, and therefore, the superior court did not err in its judgment.View "Ims v. Audette" on Justia Law