Kimball v. Kimball

No. RE-2004-037 (Me. Super. Ct. Oxford County filed December 3, 2004 ; Clearinghouse Number: 55846

Description

Alleging Abuse Under State Fraud Statutes, Elderly Widow Files Breach of Fiduciary Duty Claim Against Daughter

Abstract

Plaintiff widow filed an action, individually and on behalf of her husband’s estate, against her daughter and her daughter’s boyfriend under state fraud and unjust enrichment statutes. She alleged that defendants abused a fiduciary relationship when they spent $75,000 of her life savings and attempted to evict her from her property, including twenty-three acres of land. Before her father’s death, defendant daughter had entered into an agreement with her parents to hold the property in her mother’s name for the benefit of her mother during her lifetime and to provide care and support for her mother. Plaintiff alleges that defendants acted with malice in failing to fulfill their fiduciary obligations; that when she was hospitalized after suffering a stroke, defendants changed the locks on the premises and placed the property up for sale; that defendants used undue influence to gain access to her money; and that defendants intentionally concealed the truth regarding the use of her money. Plaintiff seeks a constructive trust over the property, an order to transfer ownership back to her, and damages.

Additional Information

Attorney Information
Plaintiff represented by Heather Talbot, Legal Services for the Elderly, 8 Falcon Rd., Lewiston, ME 04240 (telephone number: 207.795.7209).
Docket Date
2004-12-03 00:00:00+00:00
Attorney Email
htalbot@mainelse.org

Files

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