Alford v. Thibault, et al. (Lawyers Weekly No. 11-084-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑1184 Appeals Court MARK ALFORD vs. WAYNE A. THIBAULT & others.[1] No. 12‑P‑1184. Essex. April 3, 2013. ‑ June 27, 2013. Present: Grasso, Katzmann, & Grainger, JJ. Real Property, Condominium, Life estate, Remainder interests, Conveyance. Devise and Legacy, Remainder interests. Damages, Breach of fiduciary duty, Fraud. Fiduciary. Fraud. Fraudulent Conveyance. Uniform Fraudulent Transfer Act. Condominiums. Civil action commenced in the Superior Court Department on March 17, 2009. The case was heard by Howard J. Whitehead, J. Orestes G. Brown for the plaintiff. Mary L. Cataudella for Nathaniel Coughlin & another. KATZMANN, J. In this case arising from the sale of a condominium unit, the plaintiff, Mark Alford, appeals from a judgment entered following a jury-waived trial before a judge of the Superior Court, dismissing his claims against the defendants, Wayne Thibault, the seller, and Nathaniel Coughlin and Elena Russo, the buyers, for breach of fiduciary duty and conspiracy to commit a breach of a fiduciary duty, and for fraudulent conveyance. We affirm. Background. The condominium unit in issue (the property) is located in Newburyport (city). Thibault received a life estate in the property when his mother died in 1989. Thibault’s mother devised a fee interest in the property to her daughter and to Thibault and his issue, subject to Thibault’s life estate. As provided for in his mother’s will, Thibault received the power to sell the property “in his absolute discretion . . . at such time, for such price, and upon such terms, including terms of credit, as he shall deem advisable.” The will further stated that if Thibault sold the property, he was required to split the “net proceeds” of the sale with his sister as coremainderman. In addition, the will nominated Thibault as executor of the estate with “full power to sell any and all real or personal property at public or private sale.” After trial, the judge made the following findings. From 1989 to 2009, Thibault allowed the property to fall into significant disrepair. He failed to pay real estate taxes, water and sewer costs, condominium fees, and the mortgage. In all, there were encumbrances on the property totaling $ 97,051, with $ 88,802 representing a municipal tax lien. Due to the tax liabilities, the city initiated a tax taking action against the […]