Montana Law Week

The Weekly Digest of Montana Law

Archives for August 2015

Guardianship/conservatorship, large, complex estate

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GUARDIANSHIP/CONSERVATORSHIP: No standing by son to assert mother’s due process rights including private counsel, Judge within discretion to appoint OPD… opposing party not bound to notice requirements when son removed his counsel 2 days before trial… no abuse of discretion in appointing non-relative guardian… distrust among siblings justified 3 conservators including attorney without statutory priority… no abuse of discretion to preclude conservators acting in mother’s elected corporate roles… attorney/conservator properly awarded fees for administration of complex, multi-million-dollar estate, sanctions properly assessed against dissenting conservator for objecting to fees… attorney misconduct allegations not properly before MSC… Manley affirmed. [Read more…]

Theft, raid of ward’s inheritance

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THEFT: Instruction lacking statutory “purpose of depriving the owner of the property” was defective but instructions as a whole included the element and evidence was overwhelming that guardian raided ward’s inheritance for own benefit, plain error review denied, ineffective assistance claim rejected… Deschamps affirmed. [Read more…]

FELA, cumulative trauma, defense verdict

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FELA: Jury improperly instructed on statute of limitations in cumulative trauma case (when injury was discovered correctly held to be fact question for jury)… disparagement of case on cross and in closing as get-rich scheme by unscrupulous attorneys, dishonest co-workers, mercenary doctors requires new trial following defense verdict… Neill reversed, affirmed. [Read more…]