ZONING: Variance properly granted to allow replacement of burned 9-unit apartment building with three 3-unit buildings… Allison affirmed (memorandum). [Read more…]
Will, standing to contest will, remove PR
WILL: Daughter of testator’s predeceased sibling who would take in intestacy has standing to contest will which did not name the sibling, but not to petition for removal of PR for cause because she has no property interest in the $5 million ranch estate (“person interested in the estate” synonymous with “interested person”)… Ulbricht reversed, affirmed (other grounds). [Read more…]
Property, encroaching buildings, survey fee
PROPERTY: Encroaching buildings properly ordered removed… costs affirmed except $250 for pre-litigation survey… Wheelis affirmed, reversed (IOR I-3(d)). [Read more…]
Trusts/securities, unlicensed business trusts
TRUSTS/SECURITIES: Unlicensed pseudo-legal gibberish business trusts purporting to convey Montana property to new age guru invalid, request to allow grace period for licensing denied… Estate entitled to return of $10,000 trust preparation fee plus 10% interest, to attorney fees for violation of [Read more…]
Procedure, FHA post-judgment interest rate
PROCEDURE: Post-judgment interest on $100,000 FHA judgment payable at federal rate of 3.33%, not Montana rate of 10% pursuant to State Court action to collect judgment… fees awarded in State Court judgment collection action not part of federal judgment, not required for satisfaction of federal judgment… motion for relief from judgment [Read more…]