In re Estate of Erickson

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The district court did not err in denying a motion for relief from a formal testacy order under Mont. R. Civ. P. 60(b) filed by Appellant, the decedent’s wife. The Supreme Court held (1) the district court did not err in determining that Rule 60(b) did not apply in this case and that, rather, Appellant’s motion for relief from the formal testacy order must be considered under Mont. Code Ann. 72-3-317; (2) the district court did not err in denying Appellant’s motion to modify a formal testacy order under section 72-3-317(4); (3) the district court did not err in denying Appellant’s request for imposition of a constructive trust; and (4) the personal representative was entitled to attorney fees under Mont. Code Ann. 72-12-206. View "In re Estate of Erickson" on Justia Law