Preview
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss
PROBATE AND FAMILY COURT DEPT.
DOCKET NO. BA22P0280EA
In re, ESTATE OF
ROBERT WILLIAM ALLARD
OBJECTOR NATHAN ALLARDS’S OPPOSITION TO JOHN ALLARD’S MOTION TO
BIFURCATE TRIAL
Now Comes Objector Nathan Allard to request this Honorable Court deny John Allard’s
Motion to Bifurcate Trial. As Ground therefore; 1
1. The last will of Robert Allard was properly executed negating the need for the added time
and expense of a Bifurcated Trial. See Docket Paper #12. A will is properly executed if:
“) in writing; 2)signed by the testator...: signed by at least [two] individuals, each of
whom witnessed either the signing of the will... or the testator’s acknowledgment of that
signature or acknowledgement of the will.” G.L.c. 190B §2-502(a). On its face Robert
Allard’s will meets the statutory definition.
The proponent is required to prove compliance with the statutory requirements and that
the decedent signed the will with the knowledge of its contents. Morin v. Morin, 328
Mass 33, 34 (1951). Nathan Allard through testimony and documentary evidence will
prove the Will was properly executed and prove testator’s knowledge of the contents of
his will. As an example, see Attached Exhibit A, excerpts from drafting Attorney
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Christopher Miner’s deposition. Testator understood and informed his attomey his estate
was valued between $1.5 and 2 million dollars, See Exhibit A, Dep. of C. Miner p. 57;
Accord, Docket Paper #58, Inventory filed by SPR Attorney Booth states, “Fair Market
value approximately $2,000,000.” Attorney Miner also states the Will was signed by the
testator, in front of the witnesses, and the witnesses each signed after him, and he then
notarized the document, and the testator understood the contents of the document. See
Exhibit A, Dep. of C. Miner p.63, 67-70, 75. '
Further, at trial, the evidence will show, in and around the time of execution of the will,
Robert paid all property taxes and expenses associated with all of his devised assets.
Robert collected numerous rents, made deposits, managed his own bank accounts, leased
property, engaged a CPA, filed tax returns, recorded deeds, managed his own property,
held a valid MA CDL, held a MA Hoisting License, held a valid Federal DOT medical
card, worked in construction driving heavy trucks and equipment, had an irrigation
business on the side, was a valued and indispensable employee at Northeast Construction,
worked several days per week up until approximately two months before his death, he
paid someone to clean his apartment and wash his laundry each week, hé went to the gym
to shower and workout, he made all of his own medical appointments, he drove his own
car, drove himself to nearly all his medical appointments, made his own medical
decisions, made his own financial decisions, engaged independent legal counsel to draft
and execute his will. See generally, Exhibit B, Deposition of B. Allard,'p 115-166.
The Proponent of a Will is further assisted in the burden of proving the testator knew the
contents by the rebuttable presumption that a person signing a written instrument is aware
of its contents. Richardson v. Richardson, 226 Mass 240, 245 (1917); see also generally,
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Barounis v. Barounis, 87 Mass. App. Ct. 667 (2017). Nathan Allard, at trial will further
offer the testimony of Paula Miner. She will testify to her observations at'the execution of
the will that it was properly executed and there was nothing out of the ordinary. She
confirms Robert Allard was handed his will, reviewed it acknowledged it was the same as
the one Attorney Miner had prepared and he had previously reviewed it, signed it in front
of two witnesses, and the witnesses signed after the testator in his: presence. See Attached
Exhibit C, Aff. of Paula Miner.!
Even the Affiant, Lisa Campbell, who attempts to withdraw her signature as a witness
also testifies under oath to proper execution. She states, on June gt", 202]
a) Robert knocked on her door and asked her to witness his will;
b) Robert gave her the time and address for the Attorney Miner’s office;
c) Robert drove himself there;
4d) Robert met her there at the agreed time and place;
e) Robert entered the Attorney’s office with her;
f) Robert signed the will;
8) She and the “Attorney’s wife” also signed the will;
h) Robert discussed his ongoing treatments and lack of Covid vaccination with her;
i) Robert attempted to pay her cash for her time:
See Attached Exhibit D, Dep of Lisa Campbell p. 51-72.
Additionally, on March 17, 2022, in a text exchange with John Allard, she
suggests she can’t recall anything obvious in the past two years with regards to Robert.
1 Paula Miner has emailed the undersigned counsel the attached affidavit in PDF form with a typed signature. She
verbally affirmed the affidavit was her statement and indicated by phone that she has signed an original and
placed it in the mail to Attorney Bowers’ office. The Opposition will be supplemented with the original when
received.
She also states via text she spoke to [John’s Lawyer] stating, “He asked questions mainly
about the signing the will & Robert’s mental status at the time. I don’t think I was very
helpful because there was not anything obvious at the time with Robert.” Given the
following, it is now inapposite for her to claim Robert did not appear to understand what
he was doing that day. See Exhibit E, Text log between John Allard and Lisa Campbell.
A will may be allowed despite the failure to adhere strictly to the’statutory formalities.
See Farrell v. McDonnell, 81 Mass. App. Ct. 725 (2012)(disallowance of a will for
improper execution reversed). John Allard suggests a lack of reading of the entire will or
the attestation clauses is potentially fatal to the proper execution. Lack of strict
:
adherence to such formalities may be overlooked.
1
The Objector, John Allard, did not make any specific allegationsas to improper
execution required by G.L. c. 190B § 1-401(e). Both John Allard’s original and
supplemental affidavit of objections only make reference to improper execution as a
1
General Objection and lack any specificity as required by the statute.
John’s claim of undue influence includes allegations Attorney Christopher Miner’s
representation of Robert as being somehow biased or tainted. Attorney Miner’s
representation included execution of Robert’s Will. Similarly, in the burden shifting
scheme, an affirmative defense to undue influence is independent legal counsel. The
proponents of the Will, if necessary, intend to suggest that Attomey Miner’s free and
independent legal advice will eradicate any claims of undue influence. The burden of
proving the absence of undue influence only shifts to the fiduciary only where he has
‘
actually taken part in the questioned transaction. See Rempelakis v. Russell, 65 Mass.
App. Ct. 557, 563 (2006). Accordingly, the facts and claims are inextricably intertwined
and not susceptible to Bifurcation without redundancy at separate trials.
Bifurcation would only prolong and unduly complicate this matter.
10. Undue Influence. Brian did have a Power of Attorney and a medical proxy for Robert
however there is no evidence that Brian ever conducted one financial transaction or made
one medical decision for his brother Robert. See Exhibit B, Dep.-of B. Allard p.1 15-118.
Brian, as the alleged undue influencer, does not benefit in any way from the Will he is a
proponent of. Ironically, if the will were disallowed, Brian would receive one quarter of
Robert’s estate pursuant to Intestate Statute G.L. c.190B § 2-103. See Tetrault v,
Mahoney, Hawkes & Goldings, 425 Mass. 456, 464 (1997)( stating the requirement that
the undue influencer benefit from the undue influence); See Depo of B. Allard at 124-
125. The burden of proving undue influence ordinarily rests with the party contesting the
will. Germain v. Girard, 72 Mass. App. Ct. 409, 412 (2008). Even assuming Brian was a
fiduciary and had the opportunity to influence him, Robert also had the advice of
independent legal counsel. Rempelakis v. Russell, 65 Mass. App. Ct. 557, 659 (2006)(A
transaction may be deemed fair and free from undue influence by a fiduciary, if the
testator had the advice of independent legal counsel.) The role of independent counsel is
to provide documentation that the making and execution of a will is voluntary, thus
lending transparency and credibility to the bequests. See Exhibit A, Dep. of C. Miner at
53-53.
11 The Testator’s devise of half his Estate to Nathan Allard is not an unnatural disposition.
Testimony and evidence at trial will show Nathan is a blood relative, Petitioner Brian
Allard’s son, and nephew to Robert. Robert expressed to others Nathan was like a son to
him and he would be taken care of. Robert suggested to Margorie McGinnis on two
occasions that Nathan would be in his will. Nathan and Robert had a close relationship.
Nathan would assist Robert on and around his properties. Both had lived on Robert’s
properties for approximately fifteen years. Nathan paid Robert rent in the amount of
$1,300.00 each and every month. Nathan and Robert worked together at Northeast
Construction for approximately 12-13 years. Nathan assisted Robert with his firewood
business for many years and Robert let Nathan take over the firewood exclusively several
years ago. It also appears that Nathan was included Robert’s will in each of the versions
he suggested to Attorney Miner ranging in interest from 1/3 to 1/2. See Attached Exhibit
F, Handwritten notes of Attorney Miner.
12. Conclusion. Through significant discovery it is clear that there is no basis for John
Allard’s claims of improper execution and very little basis for his claims of undue
influence other than unsubstantiated suspicion. "Suspicion ... no matter how strong, will
not warrant a finding of undue influence... 'There must be a solid foundation of
established facts upon which to rest an inference of its existence’ "). See‘Popko v. Janik,
341 Mass. 212, 215 (1960); O'Brien v. Collins, 315 Mass. 429, 437 (1944), Based upon
the foregoing, the added time and expense of a bifurcated trial is‘ unwarranted.
Wherefore, Nathan Allard respectfully requests this Honorable Court to deny John
‘
Allard’s Motion for a Bifurcated Trial.
Dated: March 6, 2022
Respectfully submitted,
Nathan Allard
By his Attorney,
/s/ Anthony Bowers
Anthony W. Bowers, Esq.
PO Box #789
Chatham, MA 02633
508-274-4136 Office
774-487-0205 Mobile
Attorneybowers‘ ail.com
BBO#681002
CERTIFICATE OF SERVICE
March 6, 2023
I, Anthony Bowers, Esq., do hereby certify that I did this day serve a copy of the foregoing
I
in the above referenced matter upon all attorneys and parties of record, by:
Email:
Attorney Sara Kohls, Counsel for Brian Allard, sara@sjkohlslaw.com,
Attorney Timothy Robertson, Counsel for John Allard, tim@franklaw.com
Attorney Julie Woodward, Counsel for Jennifer Allard and Peter Allard, jwoodward@latanzi.com
Attorney George Cavanaugh, Counsel for Rebecca Rosenthal, george@deliaandcavanaugh.com
By Mail only:
Heirs of Steven Allard, 165 Pleasant Bay Road, Harwich, MA 02645
/s/ Anthony W. Bowers
Anthony W. Bowers, Esq.
Exhibit A
In The Matter Of:
ESTATE OF
ROBERT WILLIAM ALLARD
Christopher Miner, Esq.
June 27, 2022
fp
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Beacon Court Reporting Services
100 Independence Drive, Suite 7
Hyannis, Massachusetts 02601
(774) 678-4255
www. beaconcourtreporting.com
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ae Renae
Original File 2022-0627_Miner.txt
Min-U-Script® with Word Index
ESTATE OF : Christopher Miner, Esq.
ROBERT WILLIAM ALLARD June 27, 2022
Page 53 Page 55
1 EXAMINATION 1A Yeah.
2 BY MR. BOWERS: 2Q And if say "Brian" or "Nathan" or "John,"
3 Q. Myname's Anthony Bowers, Attorney Miner. | you'll know who we're talking about?
4 represent Nathan Allard. 4A Tl know who we're talking about, yes.
5 Did-Robert-ever.appearconfusedsto 5Q You had mentioned a lease for a Ms. McGinnis.
6 you? Did you understand the reason for that lease?
Aveo: TA. He just wanted to give her a one-year lease for
Q. Did-he.ever-appearlikeche-wasunder-duress? something. I don't recall the specifics of the
A.=No. lease.
10 Q Didhe-everappearcoerced? 10Q Do you remember what property it was for?
!
11 A. T'm sorry? 11 A. I do not.
12 Q DiPhe Wverappearcoerced? 12Q Do you know if it was ever executed?
13 A, Coerced? 13 A. 1 do not.
14 Q Yes. 14Q Did you ever speak to Ms. McGinnis?
15 A. No 15 A. No.
16 Q Did anybody ever bring him to your office to 16 Q. Do you know if those terms were negotiated?
17 appointments? 17 A. No.
:
18 No. 18 Q. Do you understand how Robert came up with the
19 Did he always show up by himself? 19 amount for thé lease, the $1,200 --
20 A. Yes. 20 A. I don't know.
21 Pid.Brian.everdirect you.inRobert's 21Q -- or the payment schedule?
22 depresentation? 22 A I don't know.
23 A «Nor 23Q Was Robert aware who his heirs at law would be?
24 24 A. I'm sorry, I'm having trouble understanding you.
Page 54 Page 56
stepresenting: Robert? 1Q When Robert, signed the will, was he aware who
A
9A. Jennifer, yeah. I think she and Peter are 9Q Bo-youshaveranyrdoubt:thatRobert-understoodthe=s
10 siblings. 10 wilblie-was'signingyon’ 3 junre=8 720212,
11Q And they both assented to Brian's -- 11 A. NOT i
12 A. 1 believe they did. 12 Q. Dozyouchave-any«doubt.that.Robertunderstoodswho
13Q. So they effectively were also a proponent of a 13 che-was:leavingshis,estate to when he-signed.his
14 will that would, in fact, disinherit them? 14 Wilroudune: 8720242
415A. That's correct. 15 As=Nov
16Q. BryoundeatingswitvRoberindid.heeverappea 16 Q And you say you've never represented Brian
17 angry? 17 Allard?
18 NoNOfWithsmepno- 18 A Well, apparently 1 did, but 1 don't recall
19 Did-heeverappear.depressed?" 19 representing Brian. I never had occasion to.
20 “No: He was just -- he was pretty -- he was just 20 Q If you had represented Brian, would it have been
21 taciturn. That's the best word I can come up 21 a conflict to draft a will for Robert?
22 with. 22 I don't think so.
23 Did you ever hear Robert -- strike that. 23 Now, you said you received a second check from
24 Were:you.ever.aware.ofBrian.talkings 24 Robert. You said you:don't remember what the
Page 62 Page 64
negatively-aboutolirto-Rebert? services were for?
A NG. Well, it was continuing. He would -- it was
Q Were you aware if Brian ever exercised that he mainly for discussing and finally doing deeds to
4 was a power of attorney over Robert? real estate. And toward the end was when he
5A. I don't recall. I don't think so. asked me to draft the lease and the will, which
6Q Were-yomeveraware.if Brian-madeany-medical= I never actually got paid for. I mean, I -- he
7 deeistons-for-Robvert?™ paid me some money, but | used the money to
8 Ago. cover the costs for filing the estate.
9 Q. Were you ever aware if Robert was scolded So the second check, you said, was a thousand
10 against leaving the property to his siblings? 10 dollars?
11 A. Would you say that again, please? 11 I think the second check was actually for 500,
12 Q I'll repeat. 12 and then the final check was for a thousand
13 Were.you,everaware.that-Robertwas= 13 dollars.
14 scolded.againstdeaving-property.to-his-siblings 14Q And do you remember what date that check was?
is 15 A. I do not.
16 Was-- 16 Q. But you used that to prepare the petition for
17 MR. ROBERTS: "Scolded," | think he 17 the will? ,
18 said. 18 A. Yeah,
19 Was what? 19 Q. And you paid the --
20 Scolded. 20 A. Well, I mean, | didn't use it for attorney's
21 MR. ROBERTS: Scolded. Criticized. 21 fees, because, by the time you file and you
22 THE WITNESS: Oh. 22 publish, you're running 7- or 800 bucks.
23 A, who Tracy Allard was?
doubts.as.to.his.capacityat
Tie time=> Iknow Tracy’ Allard. She had some relationship
None- to somebody iin the fatnily at one point. I don't
Has,she ever called you since,and-expressed.any., think she's a -- | think, if she's related to
doubts=- the family, I think she must be related by
A wor marriage somehow. I knew Tracy a little bit
Q ~- Witheregards:to:his-eapacity-atthetime?” because she worked at the Land Court -- the Land
Aa No. Court in Barnstable.
10 Q Have you spoken to her at all since the signing 10 Q Is there still a Land Court in Barnstable? The
11 of the will? 11 Land Court in Barnstable?
12 No. 12 A Yeah. You know, the Land Court -- the one where
13 Have you ever seen her again? 13 you record Land Court documents.
14 No 14Q. Oh, the registry, okay.
15Q. And,youshadsaid Wat both your wife; 15 A. The registry, yeah. Yeah, no, the Land Court's
16 Mrs. er,.and.Lisa,;Gampbell obsesvedRobert> 16 in Boston.
17 ign.the-will?™ 17Q Do you know Robert's relationship with Tracy
18 A. Se 18 Allard?
19 Q. And:theycboth.attested thathe-wasrofsound-mind 19 A No.
20 eosttthe time? 20Q Do you know the relationship -- do you know the
21 A. They didn't attest out loud. 21 familial relation?
22 Q. Well, there's an attestation that they signed? 22 A No, I don't.
23 A. Whatissthat?=Wellelmeanythey didattest by» 23Q I'm drawing your attention to page 6.
24 Signingrand they
watched-him-sign-Fhey-knew—— 24 A Okay.
Min-L-Seript® BEACON COURT REPORTING SERVICES (17) Pages 65 - 68
(774) 678-4255
ESTATE OF 1 Christopher Miner, Esq.
ROBERT WILLIAM ALLARD June 27, 2022
Page 69 Page 71
1Q. AndRobert-sigiéd*itatin onveryouron= (Exhibit 3, Last Will and Testament,
2 JOHS820217 marked for identification.)
3 AMES. MR. BOWERS: Sara, do you have any
4 Q. ‘Andhe,also
signed,itin-frontofthe-witnessés?” questions?
5 A, s¥ese MS. KOHLS: No.
6 Q. ANGEP HE BoloRrarpapeoris
That Lisa MR. BOWERS: Can I take a five-minute
7 =Campbellis-handwriting? break to read my notes before we suspend?
A. No, that's not. That's my handwriting. MR. ROBERTSON: Yeah, I'd like to
Q That's your handwriting. follow up.
10 And how about Paula Miner's? Is that 10 MR. BOWERS: Do you want to do that
il her handwriting or yours? 11 first?
12 A. That's mine. 12 MR. ROBERTSON: Yeah, I'd like to do
13 Q Andsitsays*(asreads)=Wedetlate —- ol page-7, 13 that first.
14 Wercclaretotheundersigned-autlioritysthat.the 14 MR. BOWERS: Okay. And then I just
15 _iestatonsigns-and-executes TiS instrument a> 15 want to review my notes and discuss them with my
16 shisWill'and he signs i Willingly="aidTTead 16 client. I may have a few more follow-up
17 athatcorrectly?== 17 questions.
18 A. *Yealt 18 MR. ROBERTSON: Sure.
19 Q. --andsthatreach-ofustif the preséiiceand= 19 MR. BOWER: For the most part, I'm
20 cheazing-oftthe-testatorshereby-signs:thisewill- 20 done.
21 asa witness.to,
the,testators-signing==did'T- 21 MR. ROBERTSON: Okay.
22 read.thatecorrectuswell2—— 22 REEXAMINATION
23 Yeah 23 BY MR. ROBERTSON:
24 --Miner;sign?- BY MR. ROBERTSON: '
8A. Nes. Q. Now, if you had prior dealings with Brian, and
9 Q
14 himself individually, that would also become 14 That's-basically-what-Ldo.
15 part of his estate; correct? 15 Okay.
16 Yes. 16 MR. ROBERTS‘ ON: Do you want to take a
17 So what's the purpose of those deeds to himself 17 recess?
18 individually? 18 MR. BOWERS: Is that okay?
19 A. Thave no idea. 19 MR. ROBERTSON: Yeah.
20Q Who asked you to prepare those deeds? 20 MR. BOWERS: Just a couple of minutes.
21 A. Robert Allard. 21 MR. ROBERTSON: We're off the record.
22 Q. Did you ask him why he wanted those deeds? 22 (Recess from 11:30 a.m. to 11:37 a.m.)
23 A. He just said he wanted to put certain of the 23 W
24 properties — transfer them from the land trust 24 M
Page 74 Page 76
to himself. He did not elaborate. REEXAMINATION
2Q Okay. Have you ever discussed settlement BY MR. BOWERS:
options with Brian? Q. Thank you, Attorney Miner. I just have a few
4A. No. more questions. i
5Q And you say that Robert appeared tacitum; is You said that payment of a thousand
that correct? dollars came later, The top check on that
Appeared taciturn? | said he was taciturn. document, do you recognize it?
He was taciturn. And what do you mean by that? 8A I'm sorry, the.--
What I mean was he basically was very focused, 9Q The top check in that document, do you recognize
10 he had not -- we didn't have lengthy 10 it? I know it's hard to,see.
11 discussions. He would basically tell me what he 11 A. Yeah. That looks like the check that Robert
12 wanted me to do. And if he asked me a question, 12 gave to me.
13 1 would answer it. And then he would say, 13Q And what was the date of that?
14 "Okay. Well, do that and we'll talk again." 14 A. That date was 11/25 -- it looks like 27, but it
15 And sometimes he would call me in a week, and 15 must be 21.
16 sometimes he would call me in three months. 16 Q. And you said you deposited that check after he
17 Q Okay. Did you ever verify Lisa Campbell's 17 had passed away?
18 identity? 18 I did.
19 A. You mean by driver's license? 19 And you used that check, as you discussed, for
20 Q. Yeah. Did you ask for any 1D? 20 the citation fee and for the publication for the
21 A. I mean, is she claiming not to be Lisa Campbell 21 petition?
22 now? 22 Yeah,
23 Q. I'm sorry? 23 Do you remember what Robert intended that check
24 A. Is she not Lisa Campbell? 24 to be for?
Min-U-Scripe® BEACON COURT REPORTING SERVICES (19) Pages 73 - 76
(774) 678-4255
ESTATE OF Christopher Miner, Esq.
ROBERT WILLIAM ALLARD June 27, 2022
Page 77 Page 79
1 A. Notreally. Robert would come in and he would (EgtiibirSycheck,.marked
for
give me money. And | just assumed it was either identification.)
for things that I had already done or things (Exhibit6nletter, marked for
that I would be doing shortly. ddentification.)—;
He didn't specify what that would be? MR. BOWERS: | have no more questions.
I'm trying to remember whether -- I don't recall Thank you, Attorney Miner. I appreciate your
the date when | -- | don't recall exactly when 1 time today.
drafted the will and drafted the lease form; so MR. ROBERTSON: Nothing further.
it may have been -- I just don't recall when I Thank you. :
10 sent those out to him, 10 (Whereupon the deposition was
il Does December of 2020 ring a bell? 11 concluded at 11:40 a.m.)
12 Maybe. It doesn't ring a bell particularly, but 12
13 if that's when | did it, well, then I'll take 13
14 your word for it. 14
15 Q Wellslets'lookrarthis™Y0u produced thisin 15
16 discoveryohhisnisatetterto Robert: 16
17 A. Year 17
18 Q. And’you're-asking-him-to-review-the-lease-that 18
19 wertiscussed -- 19
20 A. Year 20
21Q - fo recor de that we also 21
22 «discussedzand the will. 22
23 A.cgs¥eah. 23
24 Q. Andwharwaste
date there? 24
Page 78 Page 80
ERRATA SHEET INSTRUCTIONS
Phatist27P472020E\ CHRISTOPHER MINER, ESQ.
June 27, 20;
Okay,..And-do-yourtave-an-explanation.why.the
ESTATE OF ROBERT WILLIAM ALLARD
cdeeckyow drafted in December of 2020°was
The errata sheet has béen delivered to ATTORNEY
recorded*in-Fime-of- 2021? ROBERTSON, to whom the original transcript was
delivered.
I'm guessing that that's when Robert came in to
sign it. See, I would draft things for Robert, INSTRUCTIONS FOR ATTORNEY ROBERTSON:
and then I wouldn't hear from him for a while, Kindly have the deponent read and sign as stipulated.
while he was, I guess, thinking things over. Any corrections may be indicated on the errata sheet.
After obtaining signature, please forward a
Well, you said you don't remember it exactly, such to all parties of record an to Coot ofT
10 but you said you had a couple of earlier 10 REPORTING SERVICES.
11 versions of the will before you drafted this 11
INSTRUCTIONS FOR THE DEPONENT:
12 one? 12
Kindly review the transcript of your deposition.
13 Well, | had notes. He -- | have one page of 13 After reading the transcript, please indicate any
necessary correétions or changes on the errata sheet
14 notes, which is my scribbles. 14 supplied to you ‘and then si and date at the bottom.
not make marks or notations on the transcript
15 So how would Robert convey what he wanted to do 15 itself.
16 to you? In writing? 16 Upon completion, please! return to ATTORNEY ROBERTSON
or insertion into thei original transcript an
17 Well, he would either do it by phone or he would 17 distribution to the parties.
18 do it when he came in to see me, and I don't 18
Thank you in advance for your cooperation.
19 recall which was which. 19
20 Did he ever email you or text you? 20
al No. 21
22 MR. BOWERS: I'm going to have these 22
23 two marked as the next two exhibits, please. 23
24 Ml 24
Min-U-Seript® BEACON COURT REPORTING SERVICES i (20) Pages 77 - 80
(774) 678-4255
Exhibit B
In The Matter Of:
ESTATE OF
ROBERT WILLIAM ALLARD
Brian Allard
June 28, 2022
Beacon Court Reporting Services
100 Independence Drive, Suite 7
Hyannis, Massachusetts 02601
(774) 678-4255
www. beaconcourtreporting.com
Spoond
A Feed
Original File 2022-0628_Brian.Allard.txt
Min-U-Seript® with Word Index
ESTATE OF Brian Allard
ROBERT WILLIAM ALLARD June 28, 2022
Page 113 Page 115
1Q So, to the best of your knowledge, the only time 1Q Longer than 30 years ago?
he's ever represented you was at least 20 years 2A It may have been. 1
ago? 3Q So early '90s?
Yes, 4A Probably, yeah.
Okay. Otherwise, it was just an auto 5Q Your best recollection is more than 30 years
mechanic-client type relationship; is that 6 ago?
correct? 7A. Yeah. It's been a long tithe.
Yes. 8 Q._.Now;yourt filled ‘out-a-power.of.attomey:for.
Were you aware if Robert had a key to Nathan's 9 Robert=Diczyour ever exercisé that pi “of
10 house? 10 ~attoriiey?
11 A. Yes, 11 AsNox=
12Q You're aware he could shower there any time he 12 Q:-Did-you-ever-write:a.check before he died?
13 wanted; is that correct? 13 A..sNoo*
14 A. Yes, oft ore. necdied?.
14 Q..Did.you:ever-make.a.deposit.before.he
15Q Where else did he shower? 15 A Once. ice. ‘He was working and asked me if I
16 A. At the gym. 16 would take -- he did the deposit and I just
17.Q Which gym? 17 dropped it off.
18 A. The one on Skaket Road -- not Skaket Road -- 18Q. So you just dropped it off at the bank for him?
19 Namskaket Road. 19 A. Yeah. And | also -- I did it for my mother,
20 Q Do you know the name of the gym? 20 too.
21 A. I'm trying to think. 21 Q=Did you ever opén-any-accounts-forhim?
22Q. That's okay. What's your best recollection? 22 A. .No.
23 A. It's -- I can't remember the name of it. 23 Q«:Did-you-ever-cteate-any contracts on-his behalf?
24.Q. But he had a gym membership? 24 A.wNo*
Page 114 Page 116
1A. Yeah. 1 Qc=Did-VouieVer trinsferany9 prope onzhis.,
2Q How long did he have that? 2 -sbehialf?
3 A. He had been going to the gym for a long time, 3 AGNES
4 ten years, maybe more. 4 -Q>Did you éver sign’his'name on any.financial.,
mancia
5Q So he could shower at the gym or shower at ‘dosumenis
6 Nathan's house any time he wanted 6A,
7A Yes. 7 Quito ever make-aniy: investments-for-him?
8Q irregardless of whether the basement was ZNO.
3 clean or not? 9 QuxSoryou. -as far-as you're-concered;you
10 A. Yes, 10 ~never okaitisel the ‘power of-attorney?
11Q Was there a basement shower at Nathan's housing? 11 A. Nop
12 A. That, I don't know. It was a separate 12Q. Do you know when he took it to the bank and got
13 apartment; so, there probably was. 13 it notarized?
14.Q Was there anything wrong with the shower in the 14 A. No, I don't. '
15 basement? 15Q And you said you recognized this signature of
16 A. It hadn't been used in a million years. 16 Mr. Stephen Polowezyk; is that correct?
17Q Okay. And speaking of Robert Gilmore, do you 17 A. Whatever.
18 remember when that dispute with your wife 18Q. And you understand him to be the bank manager at
19 occurred? 19 the Rockland Trust?
20 A. A long, long time ago. 20 A. Yes.
21Q. How long are we talking? 21Q If I suggested to you his log said July of 2018,
22 A. In the '90s, maybe. 22 would that ring a bell?
23 Q Was that 30 years ago? 23 A. Probably.
24 A At least. 24.Q Around that time frame?
Min-U-Script® BEACON COURT REPORTING SERVICES 1 (29) Pages 113 - 116
(774) 678-4255
ESTATE OF Brian Allard
ROBERT WILLIAM ALLARD June 28, 2022
Page 117 Page 119
1A. Yeah. 1Q Who is Ms. McGinnis?
(Ou were
2«Q “Yotralso-said.you WE Robert's-medical-proxy; My brother John's girlfriend.
that correct?
SEE SOP Okay. How long have they been together?
4 A,..Correct- I have no idea.
5..Q...Did you-ever make-any.medical-decisions for— What's your relationship like with Ms. McGinnis?
18 Ms. McGinnis and John; is that correct?
19 by? 19 A. That's correct.
20 A Wein th i fst-time-btook li 20 Q And when I say "John," you understand it's John
21 that, the pandemic, you-couldn't:go:in. 22 Allard; correct?
22 Q. . Who.to. im_the rest-of'the time? 22 A. Yes,
23 An. elf rything local.1-took- 23 What were the terms of that lease? Do you have
24 chim to,every x Boston. appointment.
Boston aj 24 any understanding?
Page 118 Page 120
1 Q.. When:did-he:stop:going-to-Boston? I have no idea.
2A adn't.been in.two. or threeiyears. Did you ever see the lease?
3Q eawas:di ing aehimself,to,al Il-his.doctors'
ese sf Recently. Yes.
appoil Do you know when it was presented to Allard
5A. Farm --
6 QagAn irecting his: 3ON No, I don't.
7A Yes..s -- or Mr. -- was it presented to Ms. McGinnis?
8Q Nejwas taking: ‘own:medications?.+ I don't know.
9 A, Yeah.
1) Q Wihenyou'suggested-Robert.get a.wi yous
10 Q. Attorney Miner created a lease for Robert in 10 scol@him?™
11 December of 2020 for 82 Eldridge Road. Were you 1. A.“Did What?
12 aware of that? 12 Q. -Didyou'scold Hith?
13 A. Not until after his death. 13 A.“ NOF
14Q. And what was your understanding of that lease? 14 QM pidyortelr himTHOT Ieave propenyiris
15 A. J was told that it was offered to Allard Farm, 15 siblifigs?
16 and they didn't -- they refused to sign it. 16 A. “Nore
17Q. Allard Farm. Was the lease for Allard Farm? 17 Q. @DidYou‘ever-hanipulate.himewhemyouaveré-asking
18 A. That's what I was told. 18 him et a will?,
aie
19 Q Do you know why they refused to sign it? 19
esiex sel fbi
20 A. No. 20 eure si ider
21Q. Do you know why Robert drafted it? 21 ae L_appointments?#
Preview
COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss PROBATE AND FAMILY COURT DEPT. DOCKET NO. BA22P0280EA In re, ESTATE OF ROBERT WILLIAM ALLARD OBJECTOR NATHAN ALLARDS’S OPPOSITION TO JOHN ALLARD’S MOTION TO BIFURCATE TRIAL Now Comes Objector Nathan Allard to request this Honorable Court deny John Allard’s Motion to Bifurcate Trial. As Ground therefore; 1 1. The last will of Robert Allard was properly executed negating the need for the added time and expense of a Bifurcated Trial. See Docket Paper #12. A will is properly executed if: “) in writing; 2)signed by the testator...: signed by at least [two] individuals, each of whom witnessed either the signing of the will... or the testator’s acknowledgment of that signature or acknowledgement of the will.” G.L.c. 190B §2-502(a). On its face Robert Allard’s will meets the statutory definition. The proponent is required to prove compliance with the statutory requirements and that the decedent signed the will with the knowledge of its contents. Morin v. Morin, 328 Mass 33, 34 (1951). Nathan Allard through testimony and documentary evidence will prove the Will was properly executed and prove testator’s knowledge of the contents of his will. As an example, see Attached Exhibit A, excerpts from drafting Attorney (ar) iL¥ aq: 47; WIS = $ Jfy 40 AX Sip, 10 2055 py INF 0 ~ ae eoqy ry wal Christopher Miner’s deposition. Testator understood and informed his attomey his estate was valued between $1.5 and 2 million dollars, See Exhibit A, Dep. of C. Miner p. 57; Accord, Docket Paper #58, Inventory filed by SPR Attorney Booth states, “Fair Market value approximately $2,000,000.” Attorney Miner also states the Will was signed by the testator, in front of the witnesses, and the witnesses each signed after him, and he then notarized the document, and the testator understood the contents of the document. See Exhibit A, Dep. of C. Miner p.63, 67-70, 75. ' Further, at trial, the evidence will show, in and around the time of execution of the will, Robert paid all property taxes and expenses associated with all of his devised assets. Robert collected numerous rents, made deposits, managed his own bank accounts, leased property, engaged a CPA, filed tax returns, recorded deeds, managed his own property, held a valid MA CDL, held a MA Hoisting License, held a valid Federal DOT medical card, worked in construction driving heavy trucks and equipment, had an irrigation business on the side, was a valued and indispensable employee at Northeast Construction, worked several days per week up until approximately two months before his death, he paid someone to clean his apartment and wash his laundry each week, hé went to the gym to shower and workout, he made all of his own medical appointments, he drove his own car, drove himself to nearly all his medical appointments, made his own medical decisions, made his own financial decisions, engaged independent legal counsel to draft and execute his will. See generally, Exhibit B, Deposition of B. Allard,'p 115-166. The Proponent of a Will is further assisted in the burden of proving the testator knew the contents by the rebuttable presumption that a person signing a written instrument is aware of its contents. Richardson v. Richardson, 226 Mass 240, 245 (1917); see also generally, LY Ox Jy Gy? toMy wo WEE y SO Pay tits ~ Yes Gy & 2p yy Barounis v. Barounis, 87 Mass. App. Ct. 667 (2017). Nathan Allard, at trial will further offer the testimony of Paula Miner. She will testify to her observations at'the execution of the will that it was properly executed and there was nothing out of the ordinary. She confirms Robert Allard was handed his will, reviewed it acknowledged it was the same as the one Attorney Miner had prepared and he had previously reviewed it, signed it in front of two witnesses, and the witnesses signed after the testator in his: presence. See Attached Exhibit C, Aff. of Paula Miner.! Even the Affiant, Lisa Campbell, who attempts to withdraw her signature as a witness also testifies under oath to proper execution. She states, on June gt", 202] a) Robert knocked on her door and asked her to witness his will; b) Robert gave her the time and address for the Attorney Miner’s office; c) Robert drove himself there; 4d) Robert met her there at the agreed time and place; e) Robert entered the Attorney’s office with her; f) Robert signed the will; 8) She and the “Attorney’s wife” also signed the will; h) Robert discussed his ongoing treatments and lack of Covid vaccination with her; i) Robert attempted to pay her cash for her time: See Attached Exhibit D, Dep of Lisa Campbell p. 51-72. Additionally, on March 17, 2022, in a text exchange with John Allard, she suggests she can’t recall anything obvious in the past two years with regards to Robert. 1 Paula Miner has emailed the undersigned counsel the attached affidavit in PDF form with a typed signature. She verbally affirmed the affidavit was her statement and indicated by phone that she has signed an original and placed it in the mail to Attorney Bowers’ office. The Opposition will be supplemented with the original when received. She also states via text she spoke to [John’s Lawyer] stating, “He asked questions mainly about the signing the will & Robert’s mental status at the time. I don’t think I was very helpful because there was not anything obvious at the time with Robert.” Given the following, it is now inapposite for her to claim Robert did not appear to understand what he was doing that day. See Exhibit E, Text log between John Allard and Lisa Campbell. A will may be allowed despite the failure to adhere strictly to the’statutory formalities. See Farrell v. McDonnell, 81 Mass. App. Ct. 725 (2012)(disallowance of a will for improper execution reversed). John Allard suggests a lack of reading of the entire will or the attestation clauses is potentially fatal to the proper execution. Lack of strict : adherence to such formalities may be overlooked. 1 The Objector, John Allard, did not make any specific allegationsas to improper execution required by G.L. c. 190B § 1-401(e). Both John Allard’s original and supplemental affidavit of objections only make reference to improper execution as a 1 General Objection and lack any specificity as required by the statute. John’s claim of undue influence includes allegations Attorney Christopher Miner’s representation of Robert as being somehow biased or tainted. Attorney Miner’s representation included execution of Robert’s Will. Similarly, in the burden shifting scheme, an affirmative defense to undue influence is independent legal counsel. The proponents of the Will, if necessary, intend to suggest that Attomey Miner’s free and independent legal advice will eradicate any claims of undue influence. The burden of proving the absence of undue influence only shifts to the fiduciary only where he has ‘ actually taken part in the questioned transaction. See Rempelakis v. Russell, 65 Mass. App. Ct. 557, 563 (2006). Accordingly, the facts and claims are inextricably intertwined and not susceptible to Bifurcation without redundancy at separate trials. Bifurcation would only prolong and unduly complicate this matter. 10. Undue Influence. Brian did have a Power of Attorney and a medical proxy for Robert however there is no evidence that Brian ever conducted one financial transaction or made one medical decision for his brother Robert. See Exhibit B, Dep.-of B. Allard p.1 15-118. Brian, as the alleged undue influencer, does not benefit in any way from the Will he is a proponent of. Ironically, if the will were disallowed, Brian would receive one quarter of Robert’s estate pursuant to Intestate Statute G.L. c.190B § 2-103. See Tetrault v, Mahoney, Hawkes & Goldings, 425 Mass. 456, 464 (1997)( stating the requirement that the undue influencer benefit from the undue influence); See Depo of B. Allard at 124- 125. The burden of proving undue influence ordinarily rests with the party contesting the will. Germain v. Girard, 72 Mass. App. Ct. 409, 412 (2008). Even assuming Brian was a fiduciary and had the opportunity to influence him, Robert also had the advice of independent legal counsel. Rempelakis v. Russell, 65 Mass. App. Ct. 557, 659 (2006)(A transaction may be deemed fair and free from undue influence by a fiduciary, if the testator had the advice of independent legal counsel.) The role of independent counsel is to provide documentation that the making and execution of a will is voluntary, thus lending transparency and credibility to the bequests. See Exhibit A, Dep. of C. Miner at 53-53. 11 The Testator’s devise of half his Estate to Nathan Allard is not an unnatural disposition. Testimony and evidence at trial will show Nathan is a blood relative, Petitioner Brian Allard’s son, and nephew to Robert. Robert expressed to others Nathan was like a son to him and he would be taken care of. Robert suggested to Margorie McGinnis on two occasions that Nathan would be in his will. Nathan and Robert had a close relationship. Nathan would assist Robert on and around his properties. Both had lived on Robert’s properties for approximately fifteen years. Nathan paid Robert rent in the amount of $1,300.00 each and every month. Nathan and Robert worked together at Northeast Construction for approximately 12-13 years. Nathan assisted Robert with his firewood business for many years and Robert let Nathan take over the firewood exclusively several years ago. It also appears that Nathan was included Robert’s will in each of the versions he suggested to Attorney Miner ranging in interest from 1/3 to 1/2. See Attached Exhibit F, Handwritten notes of Attorney Miner. 12. Conclusion. Through significant discovery it is clear that there is no basis for John Allard’s claims of improper execution and very little basis for his claims of undue influence other than unsubstantiated suspicion. "Suspicion ... no matter how strong, will not warrant a finding of undue influence... 'There must be a solid foundation of established facts upon which to rest an inference of its existence’ "). See‘Popko v. Janik, 341 Mass. 212, 215 (1960); O'Brien v. Collins, 315 Mass. 429, 437 (1944), Based upon the foregoing, the added time and expense of a bifurcated trial is‘ unwarranted. Wherefore, Nathan Allard respectfully requests this Honorable Court to deny John ‘ Allard’s Motion for a Bifurcated Trial. Dated: March 6, 2022 Respectfully submitted, Nathan Allard By his Attorney, /s/ Anthony Bowers Anthony W. Bowers, Esq. PO Box #789 Chatham, MA 02633 508-274-4136 Office 774-487-0205 Mobile Attorneybowers‘ ail.com BBO#681002 CERTIFICATE OF SERVICE March 6, 2023 I, Anthony Bowers, Esq., do hereby certify that I did this day serve a copy of the foregoing I in the above referenced matter upon all attorneys and parties of record, by: Email: Attorney Sara Kohls, Counsel for Brian Allard, sara@sjkohlslaw.com, Attorney Timothy Robertson, Counsel for John Allard, tim@franklaw.com Attorney Julie Woodward, Counsel for Jennifer Allard and Peter Allard, jwoodward@latanzi.com Attorney George Cavanaugh, Counsel for Rebecca Rosenthal, george@deliaandcavanaugh.com By Mail only: Heirs of Steven Allard, 165 Pleasant Bay Road, Harwich, MA 02645 /s/ Anthony W. Bowers Anthony W. Bowers, Esq. Exhibit A In The Matter Of: ESTATE OF ROBERT WILLIAM ALLARD Christopher Miner, Esq. June 27, 2022 fp 4 Beacon Court Reporting Services 100 Independence Drive, Suite 7 Hyannis, Massachusetts 02601 (774) 678-4255 www. beaconcourtreporting.com a eed foot ae Renae Original File 2022-0627_Miner.txt Min-U-Script® with Word Index ESTATE OF : Christopher Miner, Esq. ROBERT WILLIAM ALLARD June 27, 2022 Page 53 Page 55 1 EXAMINATION 1A Yeah. 2 BY MR. BOWERS: 2Q And if say "Brian" or "Nathan" or "John," 3 Q. Myname's Anthony Bowers, Attorney Miner. | you'll know who we're talking about? 4 represent Nathan Allard. 4A Tl know who we're talking about, yes. 5 Did-Robert-ever.appearconfusedsto 5Q You had mentioned a lease for a Ms. McGinnis. 6 you? Did you understand the reason for that lease? Aveo: TA. He just wanted to give her a one-year lease for Q. Did-he.ever-appearlikeche-wasunder-duress? something. I don't recall the specifics of the A.=No. lease. 10 Q Didhe-everappearcoerced? 10Q Do you remember what property it was for? ! 11 A. T'm sorry? 11 A. I do not. 12 Q DiPhe Wverappearcoerced? 12Q Do you know if it was ever executed? 13 A, Coerced? 13 A. 1 do not. 14 Q Yes. 14Q Did you ever speak to Ms. McGinnis? 15 A. No 15 A. No. 16 Q Did anybody ever bring him to your office to 16 Q. Do you know if those terms were negotiated? 17 appointments? 17 A. No. : 18 No. 18 Q. Do you understand how Robert came up with the 19 Did he always show up by himself? 19 amount for thé lease, the $1,200 -- 20 A. Yes. 20 A. I don't know. 21 Pid.Brian.everdirect you.inRobert's 21Q -- or the payment schedule? 22 depresentation? 22 A I don't know. 23 A «Nor 23Q Was Robert aware who his heirs at law would be? 24 24 A. I'm sorry, I'm having trouble understanding you. Page 54 Page 56 stepresenting: Robert? 1Q When Robert, signed the will, was he aware who A 9A. Jennifer, yeah. I think she and Peter are 9Q Bo-youshaveranyrdoubt:thatRobert-understoodthe=s 10 siblings. 10 wilblie-was'signingyon’ 3 junre=8 720212, 11Q And they both assented to Brian's -- 11 A. NOT i 12 A. 1 believe they did. 12 Q. Dozyouchave-any«doubt.that.Robertunderstoodswho 13Q. So they effectively were also a proponent of a 13 che-was:leavingshis,estate to when he-signed.his 14 will that would, in fact, disinherit them? 14 Wilroudune: 8720242 415A. That's correct. 15 As=Nov 16Q. BryoundeatingswitvRoberindid.heeverappea 16 Q And you say you've never represented Brian 17 angry? 17 Allard? 18 NoNOfWithsmepno- 18 A Well, apparently 1 did, but 1 don't recall 19 Did-heeverappear.depressed?" 19 representing Brian. I never had occasion to. 20 “No: He was just -- he was pretty -- he was just 20 Q If you had represented Brian, would it have been 21 taciturn. That's the best word I can come up 21 a conflict to draft a will for Robert? 22 with. 22 I don't think so. 23 Did you ever hear Robert -- strike that. 23 Now, you said you received a second check from 24 Were:you.ever.aware.ofBrian.talkings 24 Robert. You said you:don't remember what the Page 62 Page 64 negatively-aboutolirto-Rebert? services were for? A NG. Well, it was continuing. He would -- it was Q Were you aware if Brian ever exercised that he mainly for discussing and finally doing deeds to 4 was a power of attorney over Robert? real estate. And toward the end was when he 5A. I don't recall. I don't think so. asked me to draft the lease and the will, which 6Q Were-yomeveraware.if Brian-madeany-medical= I never actually got paid for. I mean, I -- he 7 deeistons-for-Robvert?™ paid me some money, but | used the money to 8 Ago. cover the costs for filing the estate. 9 Q. Were you ever aware if Robert was scolded So the second check, you said, was a thousand 10 against leaving the property to his siblings? 10 dollars? 11 A. Would you say that again, please? 11 I think the second check was actually for 500, 12 Q I'll repeat. 12 and then the final check was for a thousand 13 Were.you,everaware.that-Robertwas= 13 dollars. 14 scolded.againstdeaving-property.to-his-siblings 14Q And do you remember what date that check was? is 15 A. I do not. 16 Was-- 16 Q. But you used that to prepare the petition for 17 MR. ROBERTS: "Scolded," | think he 17 the will? , 18 said. 18 A. Yeah, 19 Was what? 19 Q. And you paid the -- 20 Scolded. 20 A. Well, I mean, | didn't use it for attorney's 21 MR. ROBERTS: Scolded. Criticized. 21 fees, because, by the time you file and you 22 THE WITNESS: Oh. 22 publish, you're running 7- or 800 bucks. 23 A, who Tracy Allard was? doubts.as.to.his.capacityat Tie time=> Iknow Tracy’ Allard. She had some relationship None- to somebody iin the fatnily at one point. I don't Has,she ever called you since,and-expressed.any., think she's a -- | think, if she's related to doubts=- the family, I think she must be related by A wor marriage somehow. I knew Tracy a little bit Q ~- Witheregards:to:his-eapacity-atthetime?” because she worked at the Land Court -- the Land Aa No. Court in Barnstable. 10 Q Have you spoken to her at all since the signing 10 Q Is there still a Land Court in Barnstable? The 11 of the will? 11 Land Court in Barnstable? 12 No. 12 A Yeah. You know, the Land Court -- the one where 13 Have you ever seen her again? 13 you record Land Court documents. 14 No 14Q. Oh, the registry, okay. 15Q. And,youshadsaid Wat both your wife; 15 A. The registry, yeah. Yeah, no, the Land Court's 16 Mrs. er,.and.Lisa,;Gampbell obsesvedRobert> 16 in Boston. 17 ign.the-will?™ 17Q Do you know Robert's relationship with Tracy 18 A. Se 18 Allard? 19 Q. And:theycboth.attested thathe-wasrofsound-mind 19 A No. 20 eosttthe time? 20Q Do you know the relationship -- do you know the 21 A. They didn't attest out loud. 21 familial relation? 22 Q. Well, there's an attestation that they signed? 22 A No, I don't. 23 A. Whatissthat?=Wellelmeanythey didattest by» 23Q I'm drawing your attention to page 6. 24 Signingrand they watched-him-sign-Fhey-knew—— 24 A Okay. Min-L-Seript® BEACON COURT REPORTING SERVICES (17) Pages 65 - 68 (774) 678-4255 ESTATE OF 1 Christopher Miner, Esq. ROBERT WILLIAM ALLARD June 27, 2022 Page 69 Page 71 1Q. AndRobert-sigiéd*itatin onveryouron= (Exhibit 3, Last Will and Testament, 2 JOHS820217 marked for identification.) 3 AMES. MR. BOWERS: Sara, do you have any 4 Q. ‘Andhe,also signed,itin-frontofthe-witnessés?” questions? 5 A, s¥ese MS. KOHLS: No. 6 Q. ANGEP HE BoloRrarpapeoris That Lisa MR. BOWERS: Can I take a five-minute 7 =Campbellis-handwriting? break to read my notes before we suspend? A. No, that's not. That's my handwriting. MR. ROBERTSON: Yeah, I'd like to Q That's your handwriting. follow up. 10 And how about Paula Miner's? Is that 10 MR. BOWERS: Do you want to do that il her handwriting or yours? 11 first? 12 A. That's mine. 12 MR. ROBERTSON: Yeah, I'd like to do 13 Q Andsitsays*(asreads)=Wedetlate —- ol page-7, 13 that first. 14 Wercclaretotheundersigned-autlioritysthat.the 14 MR. BOWERS: Okay. And then I just 15 _iestatonsigns-and-executes TiS instrument a> 15 want to review my notes and discuss them with my 16 shisWill'and he signs i Willingly="aidTTead 16 client. I may have a few more follow-up 17 athatcorrectly?== 17 questions. 18 A. *Yealt 18 MR. ROBERTSON: Sure. 19 Q. --andsthatreach-ofustif the preséiiceand= 19 MR. BOWER: For the most part, I'm 20 cheazing-oftthe-testatorshereby-signs:thisewill- 20 done. 21 asa witness.to, the,testators-signing==did'T- 21 MR. ROBERTSON: Okay. 22 read.thatecorrectuswell2—— 22 REEXAMINATION 23 Yeah 23 BY MR. ROBERTSON: 24 --Miner;sign?- BY MR. ROBERTSON: ' 8A. Nes. Q. Now, if you had prior dealings with Brian, and 9 Q 14 himself individually, that would also become 14 That's-basically-what-Ldo. 15 part of his estate; correct? 15 Okay. 16 Yes. 16 MR. ROBERTS‘ ON: Do you want to take a 17 So what's the purpose of those deeds to himself 17 recess? 18 individually? 18 MR. BOWERS: Is that okay? 19 A. Thave no idea. 19 MR. ROBERTSON: Yeah. 20Q Who asked you to prepare those deeds? 20 MR. BOWERS: Just a couple of minutes. 21 A. Robert Allard. 21 MR. ROBERTSON: We're off the record. 22 Q. Did you ask him why he wanted those deeds? 22 (Recess from 11:30 a.m. to 11:37 a.m.) 23 A. He just said he wanted to put certain of the 23 W 24 properties — transfer them from the land trust 24 M Page 74 Page 76 to himself. He did not elaborate. REEXAMINATION 2Q Okay. Have you ever discussed settlement BY MR. BOWERS: options with Brian? Q. Thank you, Attorney Miner. I just have a few 4A. No. more questions. i 5Q And you say that Robert appeared tacitum; is You said that payment of a thousand that correct? dollars came later, The top check on that Appeared taciturn? | said he was taciturn. document, do you recognize it? He was taciturn. And what do you mean by that? 8A I'm sorry, the.-- What I mean was he basically was very focused, 9Q The top check in that document, do you recognize 10 he had not -- we didn't have lengthy 10 it? I know it's hard to,see. 11 discussions. He would basically tell me what he 11 A. Yeah. That looks like the check that Robert 12 wanted me to do. And if he asked me a question, 12 gave to me. 13 1 would answer it. And then he would say, 13Q And what was the date of that? 14 "Okay. Well, do that and we'll talk again." 14 A. That date was 11/25 -- it looks like 27, but it 15 And sometimes he would call me in a week, and 15 must be 21. 16 sometimes he would call me in three months. 16 Q. And you said you deposited that check after he 17 Q Okay. Did you ever verify Lisa Campbell's 17 had passed away? 18 identity? 18 I did. 19 A. You mean by driver's license? 19 And you used that check, as you discussed, for 20 Q. Yeah. Did you ask for any 1D? 20 the citation fee and for the publication for the 21 A. I mean, is she claiming not to be Lisa Campbell 21 petition? 22 now? 22 Yeah, 23 Q. I'm sorry? 23 Do you remember what Robert intended that check 24 A. Is she not Lisa Campbell? 24 to be for? Min-U-Scripe® BEACON COURT REPORTING SERVICES (19) Pages 73 - 76 (774) 678-4255 ESTATE OF Christopher Miner, Esq. ROBERT WILLIAM ALLARD June 27, 2022 Page 77 Page 79 1 A. Notreally. Robert would come in and he would (EgtiibirSycheck,.marked for give me money. And | just assumed it was either identification.) for things that I had already done or things (Exhibit6nletter, marked for that I would be doing shortly. ddentification.)—; He didn't specify what that would be? MR. BOWERS: | have no more questions. I'm trying to remember whether -- I don't recall Thank you, Attorney Miner. I appreciate your the date when | -- | don't recall exactly when 1 time today. drafted the will and drafted the lease form; so MR. ROBERTSON: Nothing further. it may have been -- I just don't recall when I Thank you. : 10 sent those out to him, 10 (Whereupon the deposition was il Does December of 2020 ring a bell? 11 concluded at 11:40 a.m.) 12 Maybe. It doesn't ring a bell particularly, but 12 13 if that's when | did it, well, then I'll take 13 14 your word for it. 14 15 Q Wellslets'lookrarthis™Y0u produced thisin 15 16 discoveryohhisnisatetterto Robert: 16 17 A. Year 17 18 Q. And’you're-asking-him-to-review-the-lease-that 18 19 wertiscussed -- 19 20 A. Year 20 21Q - fo recor de that we also 21 22 «discussedzand the will. 22 23 A.cgs¥eah. 23 24 Q. Andwharwaste date there? 24 Page 78 Page 80 ERRATA SHEET INSTRUCTIONS Phatist27P472020E\ CHRISTOPHER MINER, ESQ. June 27, 20; Okay,..And-do-yourtave-an-explanation.why.the ESTATE OF ROBERT WILLIAM ALLARD cdeeckyow drafted in December of 2020°was The errata sheet has béen delivered to ATTORNEY recorded*in-Fime-of- 2021? ROBERTSON, to whom the original transcript was delivered. I'm guessing that that's when Robert came in to sign it. See, I would draft things for Robert, INSTRUCTIONS FOR ATTORNEY ROBERTSON: and then I wouldn't hear from him for a while, Kindly have the deponent read and sign as stipulated. while he was, I guess, thinking things over. Any corrections may be indicated on the errata sheet. After obtaining signature, please forward a Well, you said you don't remember it exactly, such to all parties of record an to Coot ofT 10 but you said you had a couple of earlier 10 REPORTING SERVICES. 11 versions of the will before you drafted this 11 INSTRUCTIONS FOR THE DEPONENT: 12 one? 12 Kindly review the transcript of your deposition. 13 Well, | had notes. He -- | have one page of 13 After reading the transcript, please indicate any necessary correétions or changes on the errata sheet 14 notes, which is my scribbles. 14 supplied to you ‘and then si and date at the bottom. not make marks or notations on the transcript 15 So how would Robert convey what he wanted to do 15 itself. 16 to you? In writing? 16 Upon completion, please! return to ATTORNEY ROBERTSON or insertion into thei original transcript an 17 Well, he would either do it by phone or he would 17 distribution to the parties. 18 do it when he came in to see me, and I don't 18 Thank you in advance for your cooperation. 19 recall which was which. 19 20 Did he ever email you or text you? 20 al No. 21 22 MR. BOWERS: I'm going to have these 22 23 two marked as the next two exhibits, please. 23 24 Ml 24 Min-U-Seript® BEACON COURT REPORTING SERVICES i (20) Pages 77 - 80 (774) 678-4255 Exhibit B In The Matter Of: ESTATE OF ROBERT WILLIAM ALLARD Brian Allard June 28, 2022 Beacon Court Reporting Services 100 Independence Drive, Suite 7 Hyannis, Massachusetts 02601 (774) 678-4255 www. beaconcourtreporting.com Spoond A Feed Original File 2022-0628_Brian.Allard.txt Min-U-Seript® with Word Index ESTATE OF Brian Allard ROBERT WILLIAM ALLARD June 28, 2022 Page 113 Page 115 1Q So, to the best of your knowledge, the only time 1Q Longer than 30 years ago? he's ever represented you was at least 20 years 2A It may have been. 1 ago? 3Q So early '90s? Yes, 4A Probably, yeah. Okay. Otherwise, it was just an auto 5Q Your best recollection is more than 30 years mechanic-client type relationship; is that 6 ago? correct? 7A. Yeah. It's been a long tithe. Yes. 8 Q._.Now;yourt filled ‘out-a-power.of.attomey:for. Were you aware if Robert had a key to Nathan's 9 Robert=Diczyour ever exercisé that pi “of 10 house? 10 ~attoriiey? 11 A. Yes, 11 AsNox= 12Q You're aware he could shower there any time he 12 Q:-Did-you-ever-write:a.check before he died? 13 wanted; is that correct? 13 A..sNoo* 14 A. Yes, oft ore. necdied?. 14 Q..Did.you:ever-make.a.deposit.before.he 15Q Where else did he shower? 15 A Once. ice. ‘He was working and asked me if I 16 A. At the gym. 16 would take -- he did the deposit and I just 17.Q Which gym? 17 dropped it off. 18 A. The one on Skaket Road -- not Skaket Road -- 18Q. So you just dropped it off at the bank for him? 19 Namskaket Road. 19 A. Yeah. And | also -- I did it for my mother, 20 Q Do you know the name of the gym? 20 too. 21 A. I'm trying to think. 21 Q=Did you ever opén-any-accounts-forhim? 22Q. That's okay. What's your best recollection? 22 A. .No. 23 A. It's -- I can't remember the name of it. 23 Q«:Did-you-ever-cteate-any contracts on-his behalf? 24.Q. But he had a gym membership? 24 A.wNo* Page 114 Page 116 1A. Yeah. 1 Qc=Did-VouieVer trinsferany9 prope onzhis., 2Q How long did he have that? 2 -sbehialf? 3 A. He had been going to the gym for a long time, 3 AGNES 4 ten years, maybe more. 4 -Q>Did you éver sign’his'name on any.financial., mancia 5Q So he could shower at the gym or shower at ‘dosumenis 6 Nathan's house any time he wanted 6A, 7A Yes. 7 Quito ever make-aniy: investments-for-him? 8Q irregardless of whether the basement was ZNO. 3 clean or not? 9 QuxSoryou. -as far-as you're-concered;you 10 A. Yes, 10 ~never okaitisel the ‘power of-attorney? 11Q Was there a basement shower at Nathan's housing? 11 A. Nop 12 A. That, I don't know. It was a separate 12Q. Do you know when he took it to the bank and got 13 apartment; so, there probably was. 13 it notarized? 14.Q Was there anything wrong with the shower in the 14 A. No, I don't. ' 15 basement? 15Q And you said you recognized this signature of 16 A. It hadn't been used in a million years. 16 Mr. Stephen Polowezyk; is that correct? 17Q Okay. And speaking of Robert Gilmore, do you 17 A. Whatever. 18 remember when that dispute with your wife 18Q. And you understand him to be the bank manager at 19 occurred? 19 the Rockland Trust? 20 A. A long, long time ago. 20 A. Yes. 21Q. How long are we talking? 21Q If I suggested to you his log said July of 2018, 22 A. In the '90s, maybe. 22 would that ring a bell? 23 Q Was that 30 years ago? 23 A. Probably. 24 A At least. 24.Q Around that time frame? Min-U-Script® BEACON COURT REPORTING SERVICES 1 (29) Pages 113 - 116 (774) 678-4255 ESTATE OF Brian Allard ROBERT WILLIAM ALLARD June 28, 2022 Page 117 Page 119 1A. Yeah. 1Q Who is Ms. McGinnis? (Ou were 2«Q “Yotralso-said.you WE Robert's-medical-proxy; My brother John's girlfriend. that correct? SEE SOP Okay. How long have they been together? 4 A,..Correct- I have no idea. 5..Q...Did you-ever make-any.medical-decisions for— What's your relationship like with Ms. McGinnis? 18 Ms. McGinnis and John; is that correct? 19 by? 19 A. That's correct. 20 A Wein th i fst-time-btook li 20 Q And when I say "John," you understand it's John 21 that, the pandemic, you-couldn't:go:in. 22 Allard; correct? 22 Q. . Who.to. im_the rest-of'the time? 22 A. Yes, 23 An. elf rything local.1-took- 23 What were the terms of that lease? Do you have 24 chim to,every x Boston. appointment. Boston aj 24 any understanding? Page 118 Page 120 1 Q.. When:did-he:stop:going-to-Boston? I have no idea. 2A adn't.been in.two. or threeiyears. Did you ever see the lease? 3Q eawas:di ing aehimself,to,al Il-his.doctors' ese sf Recently. Yes. appoil Do you know when it was presented to Allard 5A. Farm -- 6 QagAn irecting his: 3ON No, I don't. 7A Yes..s -- or Mr. -- was it presented to Ms. McGinnis? 8Q Nejwas taking: ‘own:medications?.+ I don't know. 9 A, Yeah. 1) Q Wihenyou'suggested-Robert.get a.wi yous 10 Q. Attorney Miner created a lease for Robert in 10 scol@him?™ 11 December of 2020 for 82 Eldridge Road. Were you 1. A.“Did What? 12 aware of that? 12 Q. -Didyou'scold Hith? 13 A. Not until after his death. 13 A.“ NOF 14Q. And what was your understanding of that lease? 14 QM pidyortelr himTHOT Ieave propenyiris 15 A. J was told that it was offered to Allard Farm, 15 siblifigs? 16 and they didn't -- they refused to sign it. 16 A. “Nore 17Q. Allard Farm. Was the lease for Allard Farm? 17 Q. @DidYou‘ever-hanipulate.himewhemyouaveré-asking 18 A. That's what I was told. 18 him et a will?, aie 19 Q Do you know why they refused to sign it? 19 esiex sel fbi 20 A. No. 20 eure si ider 21Q. Do you know why Robert drafted it? 21 ae L_appointments?#