Background ESTATE OF ROBERT L. WIGGINS A/K/A ROBERT LOUIS WIGGINS (21-27/A) — Decedent Robert L. Wiggins died on May 30, 2020, leaving a Last Will and Testament dated April 29, 2019 (the “Will,” see Petitioner’s Ex. A). Section 3.05 of the Will instructed Decedent’s executor to distribute his entire probate estate to the Trustee of the Robert L. Wiggins Irrevocable Trust dated April 9, 2015 to hold and administer according to the provisions of that trust. Section 3.06 provided that if the pour-over to the aforementioned trust failed, then Decedent’s estate would be distributed by five specific bequests (one of them being Decedent’s residence at 272 Union Street, Montgomery, New York) with the residuary estate being distributed as follows: to George Suttle (25 percent), to Kevin Decker (25 percent), to James Pillmeier (25 percent), to Samuel Dickson (12.5 percent) and to The Matthew Shepard Internment Foundation (12.5 percent). Upon probate of the Will, and pursuant to Section 3.01, this Court issued Letters Testamentary dated April 26, 2021 to Petitioner George Suttle, without objection. Petitioner filed the instant proceeding to recover Decedent’s real property (the “Condominium” located at 2921 Sunflower Circle West, Palm Springs, CA 92262) and Decedent’s personal property (Bank of America checking account/checkbook/credit and debit cards, Chase checking account/checkbook/credit and debit cards, and personal property located in the Condominium) allegedly under the possession and control of the Respondent, James Pillmeier. (See Petitioner’s Ex. C). Respondent Pillmeier had known the Decedent for most of his life, as the Decedent was his childhood schoolteacher. Respondent Pillmeier considered the Decedent to be a “very dear friend” of his. (See Petitioner’s Statement of Material Facts, Respondent’s Response to Statement of Material Facts; Deposition Transcript of Respondent James Pillmeier at Petitioner’s Ex. G). Shortly before the commencement of this turnover proceeding, Respondent Pillmeier had filed a claim against the Decedent’s estate in the amount of $595,722.00. (See Respondent’s Ex. B). Pursuant to Respondent’s Affidavit in Support of Claim, the claim was for “unpaid compensation owed to me in connection with personal services that I rendered to [the Decedent] prior to his death.” (See Respondent’s Ex. B). In short, Respondent took care of the elderly Decedent as a live-in assistant and helped him with every-day life. The Respondent did this for a period of approximately eight years from 2012 through Decedent’s death in May 2020. During the first four years, the Respondent paid a nominal rent of $500.00 per month to the Decedent and no rent at all during the last four years. During this time, the Respondent also had access to all of the Decedent’s bank accounts, credit and ATM cards, etc., which he used, allegedly with the Decedent’s knowledge and permission. (See Petitioner’s Statement of Material Facts, Respondent’s Response to Statement of Material Facts; Deposition Transcript of Respondent James Pillmeier at Petitioner’s Ex. G). As to the alleged “compensation” to be paid by the Decedent, the Respondent stated that he had an “…unmemorialized [sic], yet express oral agreement with the Decedent that I would provide the aforementioned services on an ongoing basis in exchange for payment from the Employer’s estate subsequent to his death.” (See Respondent’s Ex. B). Respondent further stated that, “Subsequent to Decedent’s death, I would inherit the balance of the compensation due to me in connection with performing these acts, in addition to my share of the Decedent’s estate that had already been set forth in the Decedent’s Last Will and Testament” and further, “My receipt of such compensation would be in addition to any amount received from my Employer under the terms of any Last Will and Testament, Trust or similar document that would transfer ownership of my Employer’s assets to me at the time of his death.” (See Respondent’s Ex. B). As to the amount of compensation alleged to be due, Respondent calculated the amount of $595,722.00 pursuant to the Medicaid Live-In Care Rate average in Orange County, New York, for each year he alleged to have provided care. (See Respondent’s Ex. B). Significantly, however, Respondent failed to produce any evidence of Decedent’s agreement to this rate of compensation/consideration in return for the alleged services that Respondent would provide. Furthermore, Respondent offered no evidence of any “compensation” for services being paid by the Decedent during his lifetime. According to the non-party Affidavit of Samuel D. Dickson, the Decedent “told” him that he would pay Respondent for his services subsequent to his death and that he was further “told” that this payment from the Decedent’s estate would be in addition to the gift left to him under the Will and that he was further “told” that the Decedent “would be making arrangements to give his recently purchased Palm Springs, California, condominium to [Respondent] in partial payment for the services that [Respondent] provided to the Decedent.” (See Respondent’s Ex. B). According to the similar non-party Affidavit of Brian Pawelski, the Decedent “told” the same things to him as the Decedent had alleged “told” to Samuel D. Dickson. (See Respondent’s Ex. D). According to a purported voicemail message left for Respondent by the Petitioner, Petitioner stated that he believed it was the Decedent’s “desire” that Respondent receive the Condominium, however, none of Decedent’s estate planning documents ever provided for that. (See Respondent’s Ex. B). Significantly, the Respondent, himself, never alleged that the Decedent agreed to transfer his Condominium at any time, before death or after death. (See Respondent’s Ex. B). The Will, executed by the Decedent thirteen months prior to his death, sets forth a detailed testamentary scheme for the administration and distribution of this estate and makes no provision for other compensation or property transfers to Respondent James Pillmeier upon Decedent’s death. (See Petitioner’s Ex. A). The Defendant’s Will also contained a “no contest” or in terrorem clause that would function to lapse a beneficiary’s interest under the Will in the event of, among other things, a beneficiary filing a claim against the estate, as well as lapsing the interest of any beneficiary who assisted any other beneficiary who filed a claim against the estate. (See Petitioner’s Ex. A, Section 6.03).
Analysis
