Father not an Interested Person under Will

Amy Hewitt diedsuddenly after completing a marathon from a heart condition discovered post-mortem,and her husband was the primary beneficiary and personal representative underher will. Thereafter, her father, Edwin Hewitt petitioned the court to beappointed special administrator of the estate, wanting access to her medicalrecords and an investigation into her death. The court in Inre Estate of Hewitt 897 A.2d 807 (Me. 2006) said her father was not aninterested person and therefore could not be appointed as special administratorof the estate.

In the present case, Amy Hewitt left a will that named herhusband as the primary beneficiary and personal representative of her estate.Moreover, the will named alternative devisees and an alternate personalrepresentative. It is significant that Edwin Hewitt was not included in thewill as an alternate devisee or personal representative. The remote possibilitythat Edwin Hewitt could have been appointed personal representative under asignificantly different factual scenario does not mean that he has an interestin the estate.