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IN RE HILLER

Bankruptcy No. 11-12756-FJB. Adversary No. 11-1208.

482 B.R. 462 (2012)

In re Phyllis M. HILLER, Debtor. Judith Hiller, Plaintiff v. Phyllis Hiller and Andrew Hiller, Defendants.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

November 13, 2012.

Attorney(s) appearing for the Case

Evans Huber , Frieze Cramer Rosen & Huber, Wellesley, MA, for Plaintiff.

Gary M. Hogan , Gilmore, Rees & Carlson, P.C., Franklin, MA, for Defendants.

MEMORANDUM OF DECISION ON DEFENDANTS' MOTION TO DISMISS

FRANK J. BAILEY, Bankruptcy Judge.

Procedural History

Judith Hiller, daughter of 91-year old Phyllis Hiller, sued Phyllis in state court in 2006 because Phyllis, by exercise of a special power of appointment, appointed a remainder interest in her home to Andrew Hiller. Andrew is Judith's bother and Phyllis's son. Judith believes the remainder...

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