Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, June 26, 2006

Father not an Interested Person under Will

Amy Hewitt died suddenly after completing a marathon from a heart condition discovered post-mortem, and her husband was the primary beneficiary and personal representative under her will. Thereafter, her father, Edwin Hewitt petitioned the court to be appointed special administrator of the estate, wanting access to her medical records and an investigation into her death. The court in In re Estate of Hewitt 897 A.2d 807 (Me. 2006) said her father was not an interested person and therefore could not be appointed as special administrator of the estate.

In the present case, Amy Hewitt left a will that named her husband as the primary beneficiary and personal representative of her estate. Moreover, the will named alternative devisees and an alternate personal representative. It is significant that Edwin Hewitt was not included in the will as an alternate devisee or personal representative. The remote possibility that Edwin Hewitt could have been appointed personal representative under a significantly different factual scenario does not mean that he has an interest in the estate.


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