Estate of A.H.E.
2016 MT 315N
Mont.2016Background
- A.H.E., age 90 and incapacitated (dementia, blind), owns 96.34% of StarFire L.P.; children Ian and Cindy each own 1.83%.
- Ian cared for A.H.E. since 2011 and petitioned (pro se) in Yellowstone County for guardianship/conservatorship in Oct 2014; Yellowstone Court appointed Ian guardian and Joyce Wuertz conservator.
- StarFire (the partnership) sued Ian in Gallatin County in Oct 2014 seeking his removal as general partner; Gallatin Court froze withdrawals and ordered sale proceeds held.
- Disputes between Ian and Cindy over StarFire control left conservator Wuertz without funds for months and precipitated Ian’s April 2016 motion in Yellowstone Court to remove Wuertz as conservator.
- Yellowstone District Court denied Ian’s motion to remove Wuertz; Ian appealed to the Montana Supreme Court, which affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conservator (Wuertz) should be removed for cause | Ian: He established a prima facie case of "good cause" under § 72-5-414 and removal standards in § 72-38-706(2), citing unfitness, unwillingness, and persistent failures (failure to secure records, coordinate payments, etc.) | Wuertz: She performed her duties, the alleged deficiencies do not meet statutory removal standards, and Ian’s conduct (refusing stipulation) hampered administration | Court: Affirmed denial — district court did not abuse discretion; Ian failed to produce sufficient evidence to meet removal standard |
| Standard of review for removal of a conservator | Ian: Arguably urges reversal based on alleged legal error | Wuertz: District court’s factual/conduct assessment should be reviewed deferentially | Court: Applied abuse-of-discretion review (removal is discretionary); no abuse found |
| Whether Ian made a prima facie showing under trustee-removal criteria (§ 72-38-706) | Ian: Points to subsection (c) (unfitness/unwillingness/persistent failure) as met | Wuertz: Ian failed to allege or produce evidence under subsections (a),(b),(d); (c) allegations unsupported by record | Court: Ian did not carry burden to show unfitness/unwillingness/persistent failure; district court properly denied removal |
Key Cases Cited
- In re Baird, 349 Mont. 501, 204 P.3d 703 (discussing removal of a trustee as discretionary)
- In re Guardianship of Saylor, 328 Mont. 415, 121 P.3d 532 (standard for removal reviewed de novo as an exercise of discretion)
- In re Estate of Hannum, 366 Mont. 1, 285 P.3d 463 (abuse-of-discretion defined; court acts arbitrarily when exceeding bounds of reason)