Estate of Sylvester v. Benjamin

[¶ 1] Janice Groton, daughter of Roland Sylvester and personal representative of his estate, appeals from an order of the Sagadahoc County Probate Court (Voo-rhees, J.) granting a judgment to Ruth Benjamin, Sylvester’s sister, as to all claims. Groton contends that the Probate Court erred in: (1) applying an incorrect legal standard when evaluating the evidence on her undue influence claim; (2) finding that the cause of action created by the Improvident Transfer Act, 33 M.R.S.A. §§ 1021-1025 (1998), did not survive Sylvester’s death; and (3) failing to impose a constructive trust on the…