PROTECTED PERSON: Elder abuse entity properly appointed temporary conservator of 80-year-old with dementia and temporary co-guardian with feuding sisters… Dayton affirmed. [Read more…]
Real estate, apportionment Opinion rehearing denied
REAL ESTATE: Rehearing of decision upholding ruling that rights of tenants in common to house purchased together were properly construed denied… Order. [Read more…]
Real estate, buy-sell rights of tenants in common
REAL ESTATE: Agreement stating buy-sell rights of tenants in common to house purchased together properly construed… Halligan affirmed (memorandum). [Read more…]
Guardianship, Creditor’s Claim, missing daughter
GUARDIANSHIP: Creditor’s Claim for reimbursement for costs claimed in connection with appointment as conservator of missing daughter who was later found drowned in river properly denied for failure to substantiate costs… Marks affirmed. [Read more…]
Conservatorship, son v. daughter properties distribution
CONSERVATORSHIP: Estate with numerous rental properties properly distributed 60% to son and 40% to daughter over challenges by son seeking bigger share… Vannatta affirmed. [Read more…]
Venue, trust, tort claims against former trustee
VENUE of tort claims against former trustee proper in Missoula Co. pursuant to Uniform Trust Code as the Trust’s new principal place of business, even though Flathead Co. could also be a proper venue based on torts allegedly committed there… Halligan affirmed. [Read more…]
Conservatorship, incapacitated mother, trust capacity
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…]
Trust, creator’s capacity, attorney sanctions
TRUST: Summary judgment properly granted to successor trustee company on trust creator’s incapacity warranting assumption of trusteeship. . . §37-61-421 sanctions improperly awarded against creator’s attorneys where no costs were incurred by Special Master and response to motion was voluntary. . . Larson affirmed, reversed. [Read more…]
Guardian/conservator appointment
GUARDIAN/CONSERVATOR: Permanent appointment properly made over siblings’ objections… Deschamps affirmed (IOR I-3(c)). [Read more…]
Trusts, invasion of principal for caregiver costs
TRUST: Dispute over invasion of principal for wife’s care improperly resolved in favor of remainder beneficiary/trustee/grandson… trustee should be removed… prior accountings not needed to further explore breach of duties… McNeil reversed, affirmed (IOR I-3(d)). [Read more…]