In Comeau v. Coache, Case No. 09-P-1984, 2010 Mass. App. Unpub. LEXIS 101 (Jan. 24, 2010), a decision issued pursuant to Rule 1:28, the Appeals Court reversed a judgment of the probate court terminating the plaintiff's life estate in the trust property.
Plaintiff was granted a life estate in a home in Ipswich held in the Comeau Family Trust. The relevant provision of the trust allows plaintiff to "continue to occupy the dwelling as his principal residence, provided that he pay all real estate taxes, insurance, maintenance and utilities for the premises." When plaintiff sought an order compelling the remaindermen to reimburse him for their proportional share of the cost of replacing certain windows, which he claimed to be a capital improvement, and for which he had already paid, the remaindermen sought to terminate plaintiff's life estate, arguing that the replacement of the windows constituted maintenance work for which plaintiff was solely responsible.
The probate court decided in favor of the remaindermen, finding that the window-replacement work constituted maintenance and terminating plaintiff's right to occupy the property. In reversing this decision, the Appeals Court held that, regardless of whether the replacement of the windows was a capital improvement or maintenance, plaintiff had in fact paid for the work, and his pattern of conduct over the years showed a continuing effort to preserve the integrity and value of the property. The Appeals Court also noted that although plaintiff's obligation to pay for maintenance work could be interpreted to be a condition subsequent, such conditions are not favored in the law. "[T]here is substantial doubt whether the trust document intended that [plaintiff] automatically forfeit his right to occupy the premises if he breached his duty to pay for maintenance."
On November 9, Peter M. Shapland, chair of Day Pitney’s Trust Services and Fiduciary Compliance practice group and chair of the firm’s Trust Oversight Committee, served as a panelist at the Massachusetts Bar Association’s Sixth Annual Probate Law Conference held in Norwood, MA.
On October 10, Tiana Gianopulos will be a panelist at the Business and Professional Women's Success Series breakfast, presented by the Town and County Club in Hartford, CT.
On June 14, Angela Titus McEwan will be speaking on Estate Planning at a Variable Annuity Life Insurance Company (VALIC) Financial Literacy Seminar at CarePoint MSO in Jersey City, NJ.
Jay Kauffman and Paul Marino authored an article, "How Florida Affirmed Fiduciaries' Lawyer-Client Privilege," published by Law360.
Day Pitney partner Angela Titus McEwan authored an article, “Recent Cases Address Undue Influence in Will Contests,” published by the New Jersey Law Journal.
Gary Betensky and Michael Napoleone were featured in a profile, "Day Pitney LLP: Firm Expands to Better Serve South Florida Clients," published in the March issue of The Boca Raton Observer magazine.
Day Pitney Press Release
Day Pitney associate Darian Butcher has been elected as Vice President of the Board of Directors of GLBTQ Legal Advocates & Defenders (GLAD).
Day Pitney Press Release
Day Pitney associate Darian Butcher has been elected to serve on the Board of Directors of the Massachusetts Chapter of the Federal Bar Association (FBA).