County manager Martina Thornton (at head of table on left) is at the center of a contested will dispute.
Steve Myrick

Tangled Probate Dispute Involves Dukes County Manager

<p>County manager Martina Thornton is involved in a tangled probate case in which she stands to inherit much of the estate of a longtime Edgartown resident who died 11 months ago.</p>

Dukes County manager Martina Thornton is involved in a tangled probate case in which she stands to inherit much of the estate of a longtime Edgartown resident who died 11 months ago.

Louis S. Stix died in December 2015 of cardio-pulmonary arrest at the age of 84. His will, signed 101 days before his death, is being contested by his daughter Margaret Stix, who claims in a sworn affidavit filed in court that Ms. Thornton prepared the new will, using undue influence to make herself and her husband key beneficiaries of the estate shortly after Mr. Stix was diagnosed with several forms of cancer. Ms. Thornton’s Boston attorney said Thursday that Mr. Stix and Ms. Thornton were longtime friends and there was nothing unusual about the case.

In the lengthy, detailed affidavit, Ms. Stix says her father, a resident of the Island since 1961, left an estate worth about $1.2 million. She claims among other things that he was living in a deteriorated home with no heat or plumbing near Ms. Thornton’s residence and had suffered from emotional and mental instability throughout his life. In the affidavit Ms. Stix also said she believes Ms. Thornton “held herself out as an attorney” to her father, though she has no license to practice law. Records in the case were obtained by the Gazette from the Dukes County Probate Court.

Ms. Thornton was appointed county manager by the Dukes County Commission in 2012. She was an unsuccessful candidate for county Register of Deeds in the state election last week.

Massachusetts law does not require that wills be prepared by attorneys, but the law does state that only a licensed member of the bar “hold himself out as authorized, entitled, competent, qualified or able to practice law.”

Reached by telephone Thursday morning, Ms. Thornton strongly refuted the claims made against her in court. “I have not represented myself as a lawyer,” she said in part. Ms. Thornton said she has a law degree from the Czech Republic but is not licensed to practice law in Massachusetts and has never claimed that she is. “Everyone I work with knows that,” she said, adding: “This is a private matter and it should be dealt with through proper channels in the courts. I am very unhappy that this is going to hit the paper. I don’t think it’s right that you are putting this out without knowing the other side. And I cannot tell the other side of the story without my lawyer.”

Speaking to the Gazette late Thursday her attorney, Brian D. Bixby, a partner at Burns & Levinson in Boston, said that Ms. Thornton had drafted the will, but he described it as common practice. “It’s not at all uncommon for a will to be drafted by a person who is not a Massachusetts lawyer or for that matter not a lawyer at all,” he said. “There is no requirement that a person drafting a will be an attorney. On the Cape and Islands a lot of people don’t want to go to the expense of hiring an attorney.”

The will signed by Louis Stix in late August 2015, four months before his death, leaves Margaret Stix and her brother Nicholas $10,000 each, and includes a provision that if either were to contest the validity of the will, they would automatically forfeit the bequest. According to Ms. Stix, the will replaced one executed by Mr. Stix in 1982, which bequeathed the bulk of his estate to his then-wife, Jennifer Stix, and his two children. The new will also names Patricia Gesner as a beneficiary of the estate, leaving her stock valued at about $190,000. Ms. Gesner is identified by Margaret Stix as her father’s partner. The will also leaves Ms. Gesner a life estate that allows her full use and benefit of the home Mr. Stix occupied on 9th street north in Edgartown for the remainder of her life. On her death, the will stipulates that Martina and Dana Thornton will inherit the entire property. Court records estimate the value of the Mr. Stix’s real estate at $630,000 and his personal estate at $600,000.

According to town assessors records, the Thorntons own a multilevel Cape on 9th street north and also vacant land on 8th street north.

In her affidavit, Margaret Stix said her father was in a fragile physical and emotional state following his cancer diagnosis on August 4, 2015, and that his health and living conditions had deteriorated substantially in recent years.

“During the final years of his life, my father lived alone in what can only be described as a firetrap, with no working plumbing in the bathroom and no working boiler,” Ms. Stix wrote in the affidavit. “My father also told me that he had occasional meals and sometimes showered at the home of his neighbors, who I later learned were Martina and Dana Thornton.”

According to court documents, on March 2 of this year, three months after Mr. Stix died, Ms. Thornton petitioned the probate court to name her as the special representative to the estate. (Formerly termed executor, a special representative is responsible for overseeing the probate process and distributing any assets as instructed in the will.) In his new will, Mr. Stix had designated his brother Daniel Stix and his ex-wife Jennifer Stix as personal representatives. Following his death, both filed waivers saying they did not want to assume the responsibilities of special representative. Also according to the will, if Mr. Stix’s brother or ex-wife are unable or unwilling to serve as special representative, the responsibility would fall to Ms. Thornton.

In her affidavit, Margaret Stix expressed suspicion over the naming of two special representatives in her father’s new will. “I believe that it is unlikely that my father would have knowingly nominated Daniel and Jennifer as his personal representatives because neither would have been willing or able to serve,” the daughter wrote in the sworn affidavit. “Daniel has been living in a nursing home in Connecticut since suffering from a major stroke, and Jennifer no longer spends much time on the Vineyard. I believe that my father was either unaware that he was nominating these individuals as his personal representatives or was so confused that he did not recall their current health and relationship with him.”

In April of this year, the probate court did not grant Ms. Thornton’s request to be appointed special representative for the estate, instead appointing Suzanne Fay Glynn as a special temporary representative. Ms. Glynn is a Falmouth attorney who had been nominated for the role by Margaret Stix. Her appointment has been extended twice by the court because the parties in the dispute cannot agree on who should permanently fill the role of special representative. Ms. Glynn’s appointment next expires in January.

Margaret Stix is represented by Joseph L. Bierwirth, a partner at Hemenway & Barnes in Boston. Contacted by the Gazette Thursday, he declined comment.

Probate court records contain no further information about the proceeding. But Ms. Thornton said the matter is in mediation and her attorney concurred. “We have a date set for the end of this month with a retired judge,” he said. “It’s a very common step in a will contest that the parties attempt to mediate and conciliate. The one common thread for all these cases is the key witness is not around to testify.”

Comments

Submitted by Anonymous (not verified) on Fri, 11/18/2016 - 08:28

Permalink

Tony V.

Let's just clarify - how can a person, who is not an attorney, create a will and name themselves as the primary recipient of the estate? Sounds a bit off to me.

Submitted by Anonymous (not verified) on Fri, 11/18/2016 - 11:24

Permalink

Jay Lagemann Chilmark

If you are drawing up a new will which leaves you the bulk of the estate to you and everything is legit you should be smart enough to have the will signed in front of impartial witnesses who can attest to the fact the person signing the will was of sound mind and body and fully understood who stood to gain under the terms of the new will. This should be especially true if you have been trained as a lawyer.

On the other side you have two adult children who leave their 84 year old father in a rundown house with no heat or a working bathroom. Were they estranged from their father? Did they even know about his terminal cancer? The article doesn't say.

Doesn't sound like any of the people involved "deserve" the money.

peanut gallery

Absolutely agree with Jay. An attorney writing a document that benefits herself is a big red flag. So is the fact that it wasn't duly witnessed and notarized. We have not been given information of the family circumstances. Even if the father had basically been abandoned by his children, the kind neighbor should have contacted social services so the situation could be investigated. Financial elder abuse can easily develop from a basis of genuine friendship and trust. That is why the elderly are so vulnerable.
Ms. Thornton's being a public official makes the story newsworthy; but a front-page news story? The fact that Ms. Thornton recently ran for register of deeds, her candidacy presumably resting on her familiarity with this subject matter, adds some irony, and raises a few more questions regarding her actions in this case.

It is pretty basic that any change to a will, not to mention a totally new will, should be witnessed and duly notarized. If Mr. STix really wanted to make the Thorntons his ultimate beneficiaries, a different attorney should have prepared the will. To this armchair lawyer this looks like a case for at the very least a neutral court-appointed third-party personal rep (who has been appointed) or worse case, the will looks challengeable in probate court.

Brian Bixby's comment, “There is no requirement that a person drafting a will be an attorney. On the Cape and Islands a lot of people don’t want to go to the expense of hiring an attorney” sounds somewhat disingenuous to me. The real issue here is self-dealing, not who wrote the will. Going by the information provided, Ms. Thornton, an attorney, should have arranged for an attorney to write the new will. Also, this situation sounds like a classic candidate to arrange for a nonfamily personal rep. More pennywise, pound-foolish. See, e.g., https://www.google.com/#q=Senior+Finances%2C+Choosing+the+right+executor

Mr. Bixby is a partner at Burns & Levinson; he specializes in estate law and may be appointed as a neutral personal rep by probate judges in the Boston area. It seems surprising that he, as Ms. Thornton's atty, didn't make these points to her. At the very least, Ms. Thornton, as a friend, not to mention a person with legal training, gave Mr. Stix, and his partner, poor advice. And herself, too. If the new will is legitimate it should have been executed properly with all i's dotted and t's crossed. The fact that it was not, in the view of this armchair observer, casts a cloud on the new will and leaves it open to challenge.

Submitted by Anonymous (not verified) on Fri, 11/18/2016 - 11:59

Permalink

Neelon Downs American Samoa

Dear Editor: This type of reporting underscores those who argue you provide nothing but tabloid journalism feeding into the juices of prejudice and distrust. Your article the type of typical hatchet job on which it has become all too apparent you have embarked since you have assumed the position. You clearly have your own agenda as your style is intended only to besmirch the reputation of a public official who has performed her apolitical job in an effective manner, despite the political whirlwinds swirling about her. Why didn't you wait for some sort of decision rather than reporting on one-sided allegations?

Bruce Edgrtown

I have no info concerning this particular matter. But it is against the code of conduct of all associations of attorneys, legal assistants or paralegals to draw up a will when they are to be a beneficiary of the will. It would be grounds for bar sanctions against any attorney. I believe Ms. Thornton purports to be a paralegal. No matter the merit of this particular matter, the Gazette is performing a service to remind all island attorneys and paralegals of their professional and moral obligations.

Submitted by Anonymous (not verified) on Fri, 11/18/2016 - 18:09

Permalink

deshandra brown mv

I do not know any of the parties involved. The lesson here is to not forget to take care of your elderly parents. If you don't someone else will. And as is quite typical, those who take care of someone who is close to the end of life are remembered when that person chooses to bequeath their assets to that person, or persons. I see my elderly parents on a daily basis, and its not always a pleasant thing to do. However its the RIGHT thing to do. They took care of me when I was growing up, and its my turn to do the same.

Submitted by Anonymous (not verified) on Sat, 11/19/2016 - 12:03

Permalink

Dean Rosenthal Edgartown

Henry Beetle Hough would have glanced at this article and called for a change of staff.

Submitted by Anonymous (not verified) on Sat, 11/19/2016 - 13:29

Permalink

Wayne W.

Seems like Julia Wells has a bone to pick with Martina! I agree the story is uncalled for.
Seems like abuse just because she buys her ink by the barrel.

Submitted by Anonymous (not verified) on Sat, 11/19/2016 - 14:37

Permalink

Neighbor to all parties Edgartown

As a close neighbor of the Thorntons and Stix, I would just have to say this. That Lou was very close to the Thorntons for many years. Often I saw his car parked in their driveway. Lou was always helping Dana with one project or another or visa versa. As Lou got older and had more health problems, I would see Dana's van parked down at Lou's house more often than not. I know they brought him meals for years. They were friends. When the end was starting to approach, the Thorntons were there for him, along with Pat, who came back from Florida, to see him through to the end. Never once did I see his children.

Edgar T. Owen Edgartown

I Didn't know Lou , Ive known the Thortons for years and there great people, Ive met Lou a few times over the years and he was the kind of guy I felt that wouldn't talk to a stranger until he knew them, it was on an off chance I met him and I mentioned I knew the Thortons and we talked for an hour or so, really nice people on both fronts and I knew they were always close, I dont know anything about the family dynamics other then that so I cant make assumptions, just that you are right, they were close.

Submitted by Anonymous (not verified) on Sun, 11/20/2016 - 06:04

Permalink

charlie callahan so boston/edgartown

sounds a little sleasy, I've seen bloodsuckers like this before in my practice

Submitted by Anonymous (not verified) on Sun, 11/20/2016 - 08:59

Permalink

Jessica Sawyer Rockville MD and Edgartown

Lou was my brother-in-law. He at various times had ups and downs with family members. He was very grateful to Patty G who took lovely care of him. He felt very strongly about his kids, Margaret and Nicholas. He wished he had been a better father. I knew him for about fifty years and was in touch with Lou and Patty until he died. He would have wanted his estate to go to his children and Patty. He was very ill and the neighbors took advantage. I was shocked about this will. I hope the court can restore justice and I would gladly testify for his kids and for Patty.

Submitted by Anonymous (not verified) on Mon, 11/21/2016 - 12:19

Permalink

Dana Thornton

Yes Jessica, please tell the truth, the whole truth and nothing but the truth. Lou told me lots of stories over the years and I know yours too. Lou was my friend and his children were MIA. The conditions were deplorable, I cant tell you how many times I fixed his pipes, We had him at our house constantly, Martina brought him dinner all the time, and his Children couldnt even bother having a service for him.
And for all you who think evil was done, lou didnt have a current ID and no lawyer would see him, the will was Notorized in the Oak Bluffs police station by someone who new Lou and witnessed by a police officer. The Vineyard Gazette will now need to find a new electrician, because I am done.

Jason Gruner Chappy

I've known Martina since 1998. Nothing in her character deserves to be characterized in such a manner by the Gazette.

Would anyone allow his/parents to live in a run down house? Let alone not know they were terminal? How did his kids not have him at either of his/her homes in hospice ?

This will cost the Thornton's $75k in legal fee's and they will win... No ( good child ) would not be in daily contact with a 84yo parent...

Submitted by Anonymous (not verified) on Tue, 11/22/2016 - 08:01

Permalink

Mike Harper Oak Bluffs

What is suspect is anyone drafting a will the names themselves a beneficiary. Had Martina simply loaned $250 and had a lawyer draft the will, she could have been gifted $700,000 without question. I think this story should have been published as Martina is a public figure.

Submitted by Anonymous (not verified) on Thu, 12/15/2016 - 10:06

Permalink

Esther Laiacona edgartown

This is not the kind of reporting I expect from the Gazette.The article is bias, and more like a tabloid rather than news. I have absolute faith in Martina's (and Dana)actions and decisions to be honorable, ethical and well intentioned. In fact, it is not something, as a community member that concerns me, it is private between two parties.I am more concerned with what we are doing as community to help the homeless living in their car this morning and the single mom without heat and the 90 year diabetic senior citizen who is hungry! None of us , except those close to both parties know the ins and outs of what happened and none of us are in any position to judge or comment period. Before you put the splinter in someone else's eye take the plank out of your own!
Now, can we please put our focus back on what really matter sin life and allow these two parties to work this out through the resources provided to handle such matters? Peace to all.

Add new comment

Plain text

  • No HTML tags allowed.
  • Lines and paragraphs break automatically.
  • Web page addresses and email addresses turn into links automatically.