CONSERVATORSHIP: Mother correctly found incapacitated as of 10/16, lacked capacity to transfer property to Trust… Montana has jurisdiction despite mother being taken to Washington… Christopher affirmed (IOR I-3(c)). [Read more…]
Guardianship, child contact injunction
GUARDIANSHIP: Preliminary injunction properly granted restricting 2 children’s contact with incapacitated mother… recusal properly denied… Rule 11 sanctions properly imposed on attorney-child… Manley affirmed. [Read more…]
Guardianship/conservatorship, large, complex estate
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…]