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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 January 13, Darian Butcher will moderate and Alisa Hacker will speak at the Boston Bar Association webinar, "Breach of Fiduciary Duty Litigation: Superior Court Versus Probate & Family Court."
Margaret Meehan, Tiana Gianopulos and Alexis Gettier collaborated on an article, "New Direction: The Connecticut Uniform Directed Trust Act" for the Quinnipiac Probate Law Journal.
Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
Mark A. Romance authored an article, "Five Tips for an Effective Mediation Statement," which was published by the American Bar Association, Section of Litigation.
Adam Myron, senior counsel resident in Day Pitney's West Palm Beach office, is running for judge in south Florida.
Darian Butcher and Alisa Hacker were appointed to the Boston Bar Association Virtual Hearing Resource Guides Probate Team.
Day Pitney's Michael Napoleone has been appointed to the Palm Beach County League of Cities board of directors.
Margaret Meehan, Tiana Gianopulos and Alexis Gettier collaborated on an article, "New Direction: The Connecticut Uniform Directed Trust Act" for the Quinnipiac Probate Law Journal.