Wilson v. Kane

OPALA, Justice.

The dispositive question here is whether Linda Wilson’s [plaintiff’s or Wilson’s] claim against Matthew Kane, Jr. [Kane], personal representative of her uncle’s estate, for his alleged “conversion” of certain nonprobate assets by mismanagement could have been litigated in probate.1 We answer this question in the negative. The remedial deficiency of probate procedure to accommodate Wilson’s claim prevents the probate adjudications on which Kane relies from having res judicata (also known as claim preclusion) effect.2

I

THE ANATOMY OF LITIGATION

A

THE PROBATE PROCEEDING

Wilson’s uncle…