In Re the Estate of Bennett
312 P.3d 400
Mont.2013Background
- Jeremiah Bennett died intestate in Sept. 2012 after a motor-vehicle collision; his two minor children live with their mother Sabrina, Jeremiah’s ex-spouse, who is their guardian and conservator.
- Abel Bennett opened informal probate; on Oct. 19, 2012 the Clerk appointed him personal representative (PR).
- Sabrina filed a Petition for Formal Adjudication of Intestacy and exclusion of Abel as PR (Nov. 14, 2012), seeking appointment as PR in her capacity as guardian/conservator for the children.
- District Court held a hearing (Dec. 11, 2012) and on Dec. 19, 2012 granted Sabrina supervised administration, removed Abel, and appointed Sabrina as PR.
- Abel sought supervisory control; the petition was denied and Abel appeals under M.R. App. P. 6(4); issue on appeal is whether removal of Abel and appointment of Sabrina as PR was proper.
- Other proceedings regarding the estate remain pending before the District Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly removed Abel and appointed Sabrina as PR. | Abel contends improper removal; seeks reversal. | Sabrina argues removal was in best interests and proper under the probate statutes. | Yes; district court did not abuse discretion in removal and appointment. |
| Whether a divorced ex-spouse guardian may nominate herself as PR for the minors’ estate. | Abel argues ex-spouse disqualified under priority rules. | Sabrina, as guardian, may nominate/oppose under §72-3-505; no prohibition exists. | District Court correctly concluded guardians may nominate; Sabrina eligible as PR. |
| Whether Sabrina’s status as guardian/conservator conflicts with eligibility as PR under priority statutes. | Abel claims possible disqualification under §§72-2-812/814. | Statutes read together; no conflict prevents appointment of Sabrina. | No prohibition; Sabrina can be PR given facts and best-interest standard. |
Key Cases Cited
- Hern v. Safeco, 329 Mont. 347, 125 P.3d 597 (2005 MT 301) (estates and remedies for death claims; appointment considerations)
- In re Estate of Greenheck, 27 P.3d 42 (2001 MT 114) (abuse of discretion standard for removal of PR; best interests)
- In re Estate of Zempel, 302 Mont. 183, 14 P.3d 441 (2000 MT 283) (standard of review for removal of a PR; discretion exercised within bounds)
- In re Estate of Kuralt, 306 Mont. 73, 30 P.3d 345 (2001 MT 153) (appellate review of PR appointment; correctness of law application)