Estate of Sweetland

Summary

The Maine Supreme Judicial Court affirmed an order requiring a personal representative to reimburse an estate for excessive administrative fees, travel expenses, and related losses caused by breach of fiduciary duty. The court held that the personal representative was liable for the full surcharge rather than only the beneficiary’s proportionate share, notwithstanding releases signed by the other beneficiaries.

Holdings

1. Under 18-A M.R.S.A. § 3-721, the Probate Court may order any person who received excessive compensation from an estate to make an appropriate refund, including reimbursement of the entire overcharge to the estate.
2. Receipt-and-release agreements signed by other beneficiaries did not limit the personal representative's obligation to reimburse the estate for the full amount of the excessive charges.

Questions Presented

1. Whether the Probate Court had authority to order the personal representative to reimburse the estate for the entire amount of excessive fees and expenses rather than only the ten-percent share corresponding to MSSPA's residuary interest.
2. Whether the receipt-and-release agreements executed by the other beneficiaries limited Mailhiot's reimbursement obligation to MSSPA's proportionate share.

Disposition

affirmed