McCollor v. McCollor

Patricia McCollor (plaintiff) and Frederick McCollor Sr. had two children, Frederick McCollor Jr. (John) and Cheryl Stanton (defendants). When Frederick’s health deteriorated, Patricia became his primary caregiver. The role was emotionally draining, and Patricia, who was in her mid-sixties, turned to John for emotional support, advice, and help with household tasks. In 2008, John told Patricia that MaineCare, Maine’s Medicaid program, might seize the McCollor house to pay for Frederick’s medical bills unless title was transferred to himself and Cheryl. The same day, John took Patricia and Frederick to a title office, and they executed a deed transferring title to the house and its contents to John and Cheryl. John claimed that an attorney at the office had conversed with Patricia and Frederick. However, the attorney remembered no such conversation. In 2010, Frederick had a stroke. Shortly thereafter, John had Frederick give him power of attorney over Frederick’s affairs. The relationship between John, Cheryl, and Patricia grew increasingly strained. In October 2010, Patricia learned that MaineCare would not have seized the McCollor home to pay Frederick’s bills. Further, shortly after Frederick’s death in December 2010, Patricia learned that John had transferred $22,000 from Frederick’s bank account to a joint account opened using the power of attorney. John withdrew the funds after Frederick’s death. Patricia sued John and Cheryl, alleging, among other things, that they violated Maine’s Improvident Transfers of Title Act (ITTA) by using undue influence to gain title to the McCollor house and its contents. The trial court held in Patricia’s favor. John and Cheryl appealed.