West Case Update

Probate Court Does Not Have Jurisdiction Over Claims for Damages in Law

Description
Maine high court held that a suit filed for tort claims, which asked for damages in law, must be tried in district court, not in probate court. While the dispute was over probate of an estate, probate courts do not have jurisdiction over tort damage cases.

Topic Court Procedure

Key Words
Jurisdiction; Forum Non Conveniens; Probate Court; Jury Trial

C A S E S U M M A R Y

Facts
Thibodeau died intestate. The probate court notified Tomlinson, his daughter, that she has been appointed personal representative of Thibodeau’s estate. Voisine, Thibodeau’s sister, filed a complaint in district court seeking damages from Tomlinson for breach of fiduciary duty, self-dealing, and wrongful interference with her expectation of an inheritance. Tomlinson denied the claims. The district court ordered the matter to be moved to probate court to settle all claims, holding that the district court was not a convenient forum and that all estate matters were handled by the probate court. Voisine appealed that order.

Decision
Vacated and remanded. To dismiss a claim for forum non conveniens there must be an alternative forum available to the plaintiff. The claims made by Voisine are actions at law for which a damages remedy may be sought in a jury trial. Probate courts lack jurisdiction over such claims for compensatory and punitive damages. The district court is the proper venue for the claims made by Voisine.

Citation
Voisine v. Tomlinson, 955 A.2d 748 (Sup. Ct., Maine, 2008)

Back to Court Procedure Listings

Probate Court Does Not Have Jurisdiction Over Claims for Damages in Law
Description	Maine high court held that a suit filed for tort claims, which asked for damages in law, must be tried in district court, not in probate court. While the dispute was over probate of an estate, probate courts do not have jurisdiction over tort damage cases.
Topic	Court Procedure
Key Words	Jurisdiction; Forum Non Conveniens; Probate Court; Jury Trial
C A S E S U M M A R Y
Facts	Thibodeau died intestate. The probate court notified Tomlinson, his daughter, that she has been appointed personal representative of Thibodeau’s estate. Voisine, Thibodeau’s sister, filed a complaint in district court seeking damages from Tomlinson for breach of fiduciary duty, self-dealing, and wrongful interference with her expectation of an inheritance. Tomlinson denied the claims. The district court ordered the matter to be moved to probate court to settle all claims, holding that the district court was not a convenient forum and that all estate matters were handled by the probate court. Voisine appealed that order.
Decision	Vacated and remanded. To dismiss a claim for forum non conveniens there must be an alternative forum available to the plaintiff. The claims made by Voisine are actions at law for which a damages remedy may be sought in a jury trial. Probate courts lack jurisdiction over such claims for compensatory and punitive damages. The district court is the proper venue for the claims made by Voisine.
Citation	Voisine v. Tomlinson, 955 A.2d 748 (Sup. Ct., Maine, 2008)