State ex rel. Abraitis v. Gallagher

Vlada Abraitis, the mother of Sarunas Abraitis, died in 2008. Vlada’s will named Sarunas as the executor of the estate. Sarunas applied to admit his mother’s will, executed in 1978, to probate, and the matter was assigned to Judge Laura Gallagher. Sarunas’s brother, Vytautas, died in 2013 while the estate was being administered. Vytautus’s former wife, Vivian, was named as the personal representative of his estate. In 2014, Vivian filed the underlying complaint to contest a will that Vlada executed in 1993. Vlada also sought a declaratory judgment that a certain survivorship deed was invalid and that the property transferred by the deed belonged in Vlada’s estate. This action was also assigned to Judge Gallagher. Sarunas filed the complaint in this case seeking a writ of prohibition, asserting that Vivian lacked standing to bring the action. Sarunas also sought a writ to prohibit Judge Gallagher from proceeding in the action. The court of appeals dismissed the complaint. The Supreme Court affirmed, holding (1) Vivian had a potential interest in Vlada’s estate and was therefore a “person interested” who may bring the combined will-contest and declaratory-judgment action; and (2) therefore, Judge Gallagher had jurisdiction to proceed in the underlying action. View "State ex rel. Abraitis v. Gallagher" on Justia Law