Fink v. Williams
291 P.3d 1140
Mont.2012Background
- Dana Fink, as personal representative of David Schraudner’s estate, challenged a Quitclaim Deed Schraudner executed to himself and Roberta Williams as joint tenants with right of survivorship.
- Schraudner’s Last Will prepared in 2000 left property to Fink and Badgett; the Quitclaim Deed was executed seven weeks before his death in 2009.
- The District Court voided the Quitclaim Deed, ruling Schraudner was not competent to execute it and Williams had undue influence evidence.
- Williams sought reimbursement for mortgage and taxes paid on the property during the 2.5 years she held it under the Quitclaim Deed; the court denied this request.
- Pretrial Order calendared two days of trial, with Williams’ reimbursement claim included therein and to be addressed at trial.
- On appeal, the Montana Supreme Court affirmed the denial of reimbursement, holding Williams failed to present evidence to support the claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in denying reimbursement | Williams | Fink | No error; no evidence supported reimbursement |
Key Cases Cited
- Buhmann v. State, 201 P.3d 70 (Mont. 2008) (trial administration discretion)
- Konitz v. Claver, 954 P.2d 1138 (Mont. 1998) (trial administration and time limits)
- In re Marriage of Clay, 168 P.3d 665 (Mont. 2007) (standard of review for sufficiency of evidence)