In re Estate of Gregory Engellant

The Supreme Court held that “devisees” are “interested persons” under Mont. Code Ann. 72-1-103(12) and (25) and Mont. Code Ann. 72-5-413 without possessing any other right or claim, and therefore, Petitioners had standing to bring their petition to remove Respondent as conservator for Gregory Engellant. Section 72-5-413 allows a “person interested in the welfare” of a conserved person to petition for an order removing the conservator. The district court concluded that Petitioners were not interested persons because they were only devisees under Gregory’s will and therefore had only an expectancy interest that was insufficient to grant them standing. The Supreme Court reversed in an opinion limited to the issue of standing, holding that the term “interested person” defined in section 72-1-103(25) includes Petitioners. View "In re Estate of Gregory Engellant" on Justia Law