In re Estate of Bohn

After his son died, father opened a probate estate and was appointed administrator of estate. A woman filed claim against estate, alleging that she and decedent had lived together for 40 years and seeking quantum meruit and fair compensation for services rendered during his lifetime. Court found that, as a matter of law, woman was incapable of providing caregiving services to the decedent. Court erred in basing its dismissal of her claim solely on photographs attached to the estate's reply in support of its motion to dismiss which showed residence in a state of disrepair. Court prematurely denied her the ability to prove her claim.(McBRIDE and GORDON, concurring.)