Estate of Peter A. Turcic Sr.

MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 2017 ME 118 Docket: Som-16-332
Submitted
On Briefs: May 25, 2017
Decided: June 8, 2017
Panel: SAUFLEY, C.J., and ALEXANDER, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.
ESTATE OF PETER A. TURCIC SR.
JABAR, J.
[¶1] Patricia A. Turcic appeals from separate orders of the Somerset
County Probate Court (Washburn, J.) removing her as personal representative
of the Estate of Peter A. Turcic Sr., and appointing Attorney J. Michael Talbot
as personal representative. Patricia’s brief fails to raise an intelligible or
cognizable legal argument,1 but to the extent that her appeal seeks to vacate
her removal as personal representative of the Estate, we affirm the court’s
order.
[¶2] The following procedural history is found in the probate record.
See Estate of O’Brien-Hamel, 2014 ME 75, ¶ 2, 93 A.3d 689. Peter A. Turcic Sr.
died intestate on October 15, 2013. He is survived by his daughter, Patricia
Turcic, and his son, Peter A. Turcic Jr. Patricia was appointed by the Somerset
1 Patricia also failed to file an appendix that complies with M.R. App. P. 8. Nor did she file a
transcript of the hearing held upon the motion to remove her as personal representative. See M.R.
App. P. 5(a), (b)(2).
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County Register of Probate as personal representative of the Estate on
November 12, 2013.
[¶3] Melvin W. Christie and Ronald W. Christie, Patricia’s uncle and
cousin, respectively, filed a petition for appointment of a guardian and
conservator on behalf of Peter Jr. on July 22, 2015. They alleged that Peter Jr.
suffers from schizophrenia, is unable to care for himself, and that although he
had been residing at Peter Sr.’s former home in Palmyra with Patricia, Patricia
is unable to appropriately care for him. The Somerset County Probate Court
(Washburn, J.) granted the Christies’ motion and appointed them conservators
of Peter Jr. The Christies subsequently requested removal of Patricia as
personal representative of the Estate.
[¶4] On April 28, 2016, the court removed Patricia as representative.
Attorney J. Michael Talbot was appointed as representative of the Estate on
July 20, 2016. Patricia timely appealed Attorney Talbot’s appointment. See
M.R. App. P. 2(b)(3).
[¶5] “The Probate Court has broad discretion in removing or declining
to remove a personal representative and its decision is reviewed for an abuse
of that discretion.” Estate of Voignier, 609 A.2d 704, 707 (Me. 1992). The
record demonstrates that Patricia never filed a motion for findings of fact
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pursuant to M.R. Civ. P. 52(a). See M.R. Prob. P. 52 (stating that M.R. Civ. P. 52
applies to Probate Court proceedings). When a party fails to file a Rule 52
motion for specific factual findings, we “assume that a trial court found all of
the facts necessary to support its judgment.” Ehret v. Ehret, 2016 ME 43, ¶ 9,
135 A.3d 101. Because Patricia has not provided a transcript for our review
or filed a Rule 52 motion for specific factual findings, and because we hold pro
se litigants to the same standards as represented litigants, see Richards v.
Bruce, 1997 ME 61, ¶ 8, 691 A.2d 1223, we affirm the court’s decision to
remove Patricia as personal representative of her father’s estate.
The entry is:
Judgment affirmed.
Patricia A. Turcic, appellant pro se
J. Michael Talbot, Esq., Mills, Shay, Lexier & Talbot, P.A., Skowhegan, for
appellee Estate of Peter A. Turcic Sr.
Somerset County Probate Court docket number 2013-268
FOR CLERK REFERENCE ONLY