Justia Montana Supreme Court Opinion Summaries

In 1983, Marilyn and Stanley Hedrick executed a joint will. When Stanley died in 1995, his estate passed to Marilyn. The next year, Marilyn transferred much of her property to the Marilyn M. Hedrick 1996 Living Trust. Sheena Lamach, one of Stanley’s children from another marriage, was not included as a beneficiary of Marilyn’s trust. Marilyn died in 2012, and the estate entered informal probate. Under the terms of the joint will, the residue of Marilyn’s estate, which consisted of the proceeds from the sale of Marilyn’s home and personal property, was to be divided equally among the couple’s six children. Leroy Lamach, the husband and attorney-in-fact of Sheena, filed a petition objecting to the proposed distribution, arguing that the transfer of assets to the trust violated the terms of the joint will and asking that the trust assets be distributed equally among the six children. The district court granted summary judgment in favor of Lamach, concluding that the joint will prohibited Marilyn from transferring property to the trust after Stanley’s death. The Supreme Court reversed, holding that the will allowed Marilyn to transfer property into a trust during her lifetime.View "In re Estate of Hedrick" on Justia Law