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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-01-27
Status Open
Type Equitable Remedies|Other Equity Action
Docket 6 entries

Parties

Plaintiff Kimberly Willard As Spouse Of The Decedent, Seanross Smith
Defendant Burke, James|Mapfre U.s.a. Corp.

Lawyers

Docket Entries

  1. Attorney appearance On this date Bruce A Bierhans, Esq. added as Private Counsel for Plaintiff Kimberly Willard as Spouse of the Decedent, Seanross Smith
  2. Case assigned to: DCM Track F - Fast Track was added on 01/27/2023
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Endorsement on Complaint Upon review of the plaintiff's "Bill of Particulars", the court rejects the pleading as the putative plaintiff has no standing to bring a legal action on behalf of her deceased spouse (1) unless and until the Probate Court duly appoints her. Counsel acknowledges that there is a petition pending in the probate court for the appointment of Ms. Williard as the Administrator of her husband's estate. Counsel may re-file the case upon the appointment of an Administrator of the decedent's estate. (1) While there is no documentation that the putative plaintiff is the legal spouse of the deceased, the court rules upon this motion accepting as true the averments in the plaintiff's Bill of Particulars. Judge: Buckley, Hon. Elaine M
  6. Endorsement on Complaint Upon review of the plaintiff's "Bill of Particulars", the court rejects the pleading as the putative plaintiff has no standing to bring a legal action on behalf of her deceased spouse (1) unless and until the Probate Court duly appoints her. Counsel acknowledges that there is a petition pending in the probate court for the appointment of Ms. Williard as the Administrator of her husband's estate. Hence, the Court dismisses the Plaintiff's Complaint, without prejudice. Counsel may re-file the case upon the appointment of an Administrator of the decedent's estate. (1) While there is no documentation that the putative plaintiff is the legal spouse of the deceased, the court rules upon this motion accepting as true the averments in the plaintiff's Bill of Particulars. Judge: Buckley, Hon. Elaine M

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