Justia Montana Supreme Court Opinion Summaries

Richard Edward Paul died intestate on October 3, 2022, leaving behind four daughters: Richann L. Ray, Dawn M. Paul Charron, Shelbi L. Paul, and Danita J. Paul. Richann was appointed as the Personal Representative of the Estate with the consent of her sisters. The Estate's significant asset was a cabin in Lincoln, Montana. The heirs could not agree on the disposition of the cabin, leading to conflict. Shelbi filed a motion for a temporary restraining order, alleging that Richann intended to sell the cabin contrary to their parents' wishes. The District Court denied the motion and ordered mediation for any disputed issues.The heirs continued to discuss the cabin's disposition, and Shelbi filed a motion to enforce a settlement agreement based on email communications, which the District Court denied, finding no valid settlement agreement. The heirs proceeded to mediation, resulting in a General Release and Mediated Settlement Agreement, which outlined a procedure for selling the cabin to one or more heirs within 30 days of an appraisal. The cabin was appraised at $234,000, but none of the heirs submitted a bid within the 30-day period. Richann listed the cabin for sale and later filed a motion to approve its sale for $106,100, considering the estimated repair costs. Shelbi opposed the motion, arguing the cabin was not fairly marketed.The Montana Eighth Judicial District Court approved the sale, finding the Agreement resolved all issues and the sale price was reasonable and in the best interest of the Estate. Shelbi filed motions to reconsider, which the District Court denied. Shelbi appealed the order approving the sale.The Montana Supreme Court affirmed the District Court's decision, concluding that the Agreement did not address the situation where no heir qualified to purchase the cabin within the specified time. The Court found that Richann, as Personal Representative, had the statutory authority to sell the cabin and that the sale was reasonable and in the best interest of the Estate. View "In re Estate of Paul" on Justia Law

Estel Neven Zugg passed away in January 2021. Donna Katherine Finley filed a petition in September 2021, requesting the District Court to open formal intestacy proceedings, determine Neven's heirs, and appoint her as the estate's personal representative, claiming she was Neven's common law wife. Neven's sons, Austin and Kolby Zugg, participated in the proceedings. Katherine testified that she and Neven considered themselves married since 2016 and lived between North Dakota and Arizona, with occasional stays in Montana.The Fifteenth Judicial District Court held a bench trial in August 2022. Testimonies from Neven's friends and family indicated that Neven had ties to Montana but primarily lived in North Dakota and Arizona. The court found that Katherine and Neven did not live together in Montana, which does not recognize common law marriages from states that do not recognize them unless the couple resides in Montana.The Supreme Court of the State of Montana reviewed the case. The court affirmed the District Court's decision, concluding that Katherine and Neven did not establish a common law marriage under Montana law. The court emphasized that a relationship begun in a state that does not recognize common law marriages must ripen by residency in Montana to become valid. Since Katherine and Neven never lived together in Montana, their relationship did not meet the requirements for a common law marriage in Montana. The court found no clear error in the District Court's findings and upheld the denial of Katherine's petition. View "In re Estate of Zugg" on Justia Law

Warren Dan Eddleman passed away on August 5, 2022, leaving a will that named Tom Wagoner as the personal representative (PR) and John Pinkerton as the sole devisee. Several creditors, including Eddleman's ex-wife Sandra, daughter Madelyn, sister Jobey, the Eddleman Oar Lock Ranch, LLC, and the Madelyn Lue Eddleman Trust, filed claims against the estate. The PR disallowed some claims and allowed others in part. The PR and the claimants agreed to a first extension of time for the claimants to respond to the disallowances, extending the deadline to June 23, 2023. As the deadline approached, the PR's counsel assured the claimants that he would not seek to bar their claims if a second extension was not granted by the deadline.The District Court of the Thirteenth Judicial District initially granted the second extension but later rescinded it upon John Pinkerton's motion to reconsider, effectively barring the pending creditors' claims. The claimants appealed, arguing that the PR had the authority to extend the timeframe without the devisee's consent, that the devisee's consent had been obtained in a prior memorandum of understanding, and that the estate was estopped from asserting the claims were time-barred based on the PR's counsel's representations.The Supreme Court of the State of Montana reviewed the case and concluded that the PR lacked the authority to unilaterally extend the timeframe for the claimants to respond to the disallowances without the consent of the sole devisee, John Pinkerton. However, the court also found that the estate was equitably estopped from raising a claim processing time-bar defense due to the PR's counsel's assurances to the claimants. The court reversed the District Court's decision and remanded the case for further proceedings, allowing the claimants' petitions for allowance to be considered as timely filed. View "In re Estate of Eddleman" on Justia Law

Lisa Cole appealed the Eighteenth Judicial District Court, Gallatin County’s decision that precluded her from inheriting the estate of her deceased minor child, M.A.C., who died intestate. M.A.C. tragically died in a car accident in March 2020. At the time, M.A.C. and her brother Mythias were living with their half-sister Samara. Lisa, their natural mother, had not been in contact with her children for some time and had not provided financial support. The insurance company sought to distribute a settlement to M.A.C.'s estate but found no estate had been opened. Attempts to contact Lisa were unsuccessful, leading to the appointment of a personal representative for the estate.The District Court appointed Sunny Yocom as the personal representative after a hearing. The estate petitioned to preclude Lisa from inheriting, citing her refusal to support M.A.C. Lisa opposed the petition and sought to remove Yocom as the personal representative. The court held an evidentiary hearing where Lisa did not appear but was represented by her attorney. Testimonies from family members and school personnel, along with evidence from the Social Security Administration, supported the claim that Lisa had not supported M.A.C. and had misused her survivor benefits.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court’s decision. The court held that § 72-2-124, MCA, precluded Lisa from inheriting because she had refused to support M.A.C. The court found substantial evidence supporting the District Court’s findings, including testimonies and SSA letters. The court also upheld the denial of Lisa’s motion to appear remotely and her challenges to Yocom’s appointment, finding no merit in her arguments. View "In re Estate of M.A.C." on Justia Law

Jill Brenden appealed an order from the Eighteenth Judicial District Court, Gallatin County, which denied her claims against the estate of her late husband, Robert Brenden. Jill sought reimbursement for expenses and objected to the distribution and valuation of certain property in the estate. Barbara Jensen, Robert's sister and the appellee, sought attorney fees. Jill and Robert had a long-term relationship, cohabitated, and married in 2010. They purchased a home together in 2006 and later built another home on a property Robert inherited. Robert was diagnosed with cancer, which went into remission but later returned. Before his death, Robert designated Barbara as the Payable on Death (POD) beneficiary of his bank account.The District Court found that Jill converted funds from Robert's account after his death, despite her claim that Robert instructed her to transfer the funds before he died. The court admitted bank records as business records, which showed the transfers occurred after Robert's death. Jill continued to access the account and transferred funds to herself without notifying the estate. Barbara intervened in the probate action, filing a third-party complaint against Jill for wrongful conversion and deceit. Jill counterclaimed, alleging unjust enrichment and seeking a constructive trust over the proceeds from the sale of their jointly owned home.The Supreme Court of the State of Montana reviewed the case. It held that the District Court did not abuse its discretion in admitting the bank records as business records. The court affirmed the District Court's finding that Jill converted the funds in Robert's account, as Barbara became the rightful owner upon Robert's death. However, the court found that Jill was entitled to her share of the proceeds from the sale of their jointly owned home, held in a resulting trust. The court denied Barbara's request for attorney fees and remanded the case for further proceedings consistent with its opinion. View "In re Estate of Brenden" on Justia Law

Jesse Beck died in a motorcycle accident in Carbon County, Montana. Four days before his death, Jesse sent his brother, Jason Beck, a phone video in which he expressed his wish to leave all his possessions to Jason, explicitly excluding Christina Fontineau. Jesse's only child, Alexia Beck, was appointed as the personal representative of his estate. Jason later sought to probate the video as Jesse's will, arguing it should be considered a valid testamentary document.The Twenty-Second Judicial District Court of Carbon County denied Jason's petition, ruling that the video did not qualify as a "document or writing upon a document" under Montana Code Annotated § 72-2-523. The court reasoned that the statute's language implied a physical or digital document capable of being written upon and signed, which a video recording could not satisfy. The court also noted that even if a video could be considered a document in a general sense, it did not fit within the statutory context requiring a document to be written on.The Supreme Court of the State of Montana reviewed the case and affirmed the lower court's decision. The court held that the video recording did not meet the statutory requirements for a will under § 72-2-523, MCA. The court emphasized that the statute's language and structure clearly implied that a "document" must be a physical or digital file capable of being signed and witnessed, which a video recording could not fulfill. The court also noted that there was no legislative or judicial precedent for recognizing nonwritten, video wills under the Uniform Probate Code. Consequently, the court affirmed the denial of Jason's petition to probate the video as Jesse's will. View "In re Estate of Beck" on Justia Law

J.F.R., an 80-year-old individual diagnosed with cognitive impairments and dementia, lives with her daughter Stephanie in Montana. A dispute arose between Stephanie and J.F.R.'s other daughter, Jana, regarding J.F.R.'s care and financial management. Jana filed a petition for the appointment of both daughters as co-guardians and co-conservators, while J.F.R. supported Stephanie's appointment as sole guardian and conservator. The District Court initially appointed both daughters as temporary co-guardians and co-conservators but later vacated this order, directing the parties to proceed with discovery.The District Court of the Third Judicial District, Granite County, held a hearing and found substantial evidence of financial mismanagement and communication issues between the daughters. The court noted that J.F.R.'s assets were being depleted rapidly and that her current advisors were insufficient to protect her financial interests. Consequently, the court appointed the Western Montana Chapter for Prevention of Elder Abuse (Western) as J.F.R.'s temporary conservator and Western, Stephanie, and Jana as temporary co-guardians.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The court held that the District Court did not err in determining that J.F.R.'s welfare required immediate action, justifying the appointment of a temporary guardian and conservator. The court also found no abuse of discretion in appointing Western, despite the statutory order of priority, as the circumstances warranted a neutral third party. Additionally, the court ruled that Western's dual role as co-guardian and conservator did not violate statutory provisions, and the appointment of a neuropsychologist for evaluation was appropriate under the circumstances. View "In re J.F.R." on Justia Law

Lena Johnson and her daughter, Katherine Grundhauser, died in a car accident in 2006. They co-owned a property in Butte, Montana, as joint tenants with the right of survivorship. Lena's estate was informally probated, and her son, Kenneth Johnson, was appointed personal representative. The estate's assets were distributed among Johnson's children and three of Katherine's children, with the remainder going to Johnson and Katherine's husband, Steven Grundhauser. The property in question was not resolved, and Johnson's children lived there rent-free.In 2020, Lena's will was discovered, which stated that all property should be divided equally between Katherine and Johnson or held in trust for their children if they predeceased Lena. This will contradicted the earlier distribution and indicated that the joint ownership of the property was for convenience only. Katherine's children and Steven Grundhauser petitioned for informal probate of Lena's estate, which was denied. Formal probate was opened in 2021 with Johnson as the personal representative. A mediation in 2022 led to a settlement agreement to buy out the interests of Katherine's children in the property.The Second Judicial District Court, Butte-Silver Bow County, denied Katherine's estate's motion to intervene and for relief from judgment, finding that the estate was bound by the settlement agreement and that the doctrine of laches barred the motions. The court concluded that Grundhauser, as a petitioner, was aware of the settlement terms and had agreed to them.The Supreme Court of the State of Montana reversed and remanded the case. It held that Katherine's estate should have been allowed to intervene as it had a valid legal interest in the property. The court found that the settlement agreement was based on a mutual mistake of law and that the district court's order was void for lack of jurisdiction and due process. The court also held that the doctrine of laches did not apply, as the delay in asserting the estate's rights was reasonable under the circumstances. View "In re Estate of Johnson" on Justia Law

The case revolves around a dispute over a Major Land Use Permit issued to Susan Dietz, individually and as Trustee of G&M Trust (G&M), by Flathead County, Montana. G&M had purchased two adjacent 11.5-acre tracts on the shore of Lake Five and began several remodeling, demolition, and construction projects on both tracts. G&M received notices of multiple violations from both the Department of Environmental Quality and Flathead County, advising that these new structures violated local zoning regulations. G&M then submitted an application proposing new structures for short-term/vacation nightly rentals. The application was initially accepted by the County, who issued a Major Land Use Permit, later voided by the District Court.The District Court of the Eleventh Judicial District, Flathead County, voided the Major Land Use Permit issued to G&M, permanently enjoined all future construction or expansion of use or conversion of G&M’s property to any commercial use without first obtaining legal access and complying with all State and local statutes and regulations, ordered restoration of G&M’s property to its previously unaltered condition, and awarded attorney fees and costs to Friends of Lake Five, Inc. (FLF).The Supreme Court of the State of Montana affirmed in part, reversed in part, and remanded for further proceedings. The court affirmed the District Court's decision to void the Major Land Use Permit and its award of attorney fees and grant of permanent injunction. However, it reversed the District Court's requirement that G&M restore the property to its previous unaltered condition outside of the lakeshore zone. The case was remanded for further proceedings consistent with this opinion. View "Friends of Lake 5 v. County Commission" on Justia Law

The Supreme Court of the State of Montana was presiding over a dispute regarding the reimbursement claim of Angela Mastrovito from the Estate of Rebekah Barsotti. Mastrovito, the mother of the deceased Rebekah Barsotti, had served as her court-appointed guardian after Rebekah went missing and was presumed dead following a reported drowning accident. Mastrovito filed a claim for $140,688.45 in expenses she allegedly incurred during her guardianship, including costs for rent, legal fees, meals, travel, and others. The claim was opposed by Rebekah's husband, David Barsotti, who was appointed as the personal representative of Rebekah's estate.The District Court denied Mastrovito's claim for three reasons: her appointment as a guardian was retroactively improper due to Rebekah's death, the claimed expenditures were unreasonable, and the claim lacked sufficient substantiation. Mastrovito appealed this decision, arguing that her appointment was not improper and that she was denied a fair hearing to present evidence in support of her claim.Upon review, the Supreme Court affirmed the District Court's denial of the claim. The court reasoned that even if Mastrovito's appointment was proper, she still failed to provide sufficient support for her claim. The court concluded that a hearing could not change the fact that Mastrovito's claim was facially insufficient. The court underscored the need for providing supporting evidence to determine the validity and reasonableness of claimed costs. View "In re Estate of Barsotti" on Justia Law