Justia Trusts & Estates Opinion Summaries

Terry Carter and Brenda Ciccone appealed a district court judgment in the informal probate of Allan Froemke’s will. Reginald Froemke, the personal representative of Allan Froemke’s Estate, Terry Carter, and Brenda Ciccone were Allan Froemke’s children. Reginald moved the district court to determine heirs, compute the distribution of the Estate’s shares, determine debts owed by heirs to the Estate, allow the personal representative to sell property, and approve the personal representative’s inventory. The court held an evidentiary hearing and issued findings, an order for judgment, and a judgment. Carter and Ciccone argued the district court lacked jurisdiction over a contract for deed involving Carter. They further argued the court erred in: (1) finding Ciccone owed five thousand dollars to Allan Froemke’s Estate; (2) its evidentiary rulings; (3) failing to address several pending issues; and (4) finding against partitioning property. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's judgment. View "Estate of Froemke" on Justia Law

Michael Ewing, in his capacity as personal representative, appealed a district court’s judgment, amended judgment, and order on motion to show cause. Ewing was the personal representative of the estate of Chiyoko Ewing, his mother. Chiyoko died in 1989 leaving a will devising all of her property in equal shares to her four children: Ewing, Jeffery Ewing, Sherry Ewing, and Nancy Burkhart. At the time of her death, Chiyoko owned a home in Grand Forks as well as various items of personal property located within the home. Following her death, Jeffery lived in and maintained the home, paid the real estate taxes and the mortgage, and made substantial improvements to the home. Jeffery died in 2019. Ewing filed an “Inventory and Appraisement” identifying the property owned by Chiyoko at the time of her death. An evidentiary hearing was held to determine ownership of the property. The court found the siblings agreed they did not want to sell the home to a stranger. The issues of whether oral agreements between Jeffery and the siblings were contested. In March 2021, the district court entered a judgment, finding Jeffrey's estate owned the home. Ewing appealed. The North Dakota Supreme Court dismissed the appeal concluding the administration of the estate was not complete because the personal property was not addressed. In January 2022, another evidentiary hearing was held to address ownership of the items of personal property identified on the inventory list. While it was disputed at the evidentiary hearings, the district court found the siblings already divided the personal property amongst themselves by agreement. The district court entered an amended judgment finding all items of personal property, with two exceptions not at issue here, were assets of Jeffery's estate, and ordered Ewing to return those items to the estate. Jeffrey's estate moved to hold Ewing in contempt for failing to return the ordered items to the estate. This motion was granted, and Ewing appealed, arguing the court erred in finding an oral contract between the parties, mutual assent on all terms of the contract, and partial performance of an oral agreement sufficient to remove it from the statute of frauds. Ewing also argued the district court’s findings of fact regarding ownership of personal property, whether the real property was maintained, responsibility for administration costs, and the award and offset of damages were clearly erroneous. Finding no reversible errors, the North Dakota Supreme Court affirmed. View "Estate of Ewing" on Justia Law

Johnny Beach, the former personal representative of the estate of Louis Lindbo, appealed a district court order denying his motion for payment of personal representative fees. The North Dakota Supreme Court concluded the court abused its discretion in denying the motion. View "Estate of Lindbo" on Justia Law

Angus Kennedy owned real property and mineral interests in McKenzie County, North Dakota. In 1960, Angus and his wife, Lois, executed two deeds conveying the surface and “excepting and reserving unto the parties of the first part, their heirs, successors or assigns, all right, title and interest in and to any and all . . . minerals in or under the foregoing described lands.” Lois did not own an interest in the property when Angus and Lois Kennedy executed the deeds. Angus died in 1965, and Lois died in 1980. Angus and Lois did not have children together. Angus had six children from a previous marriage. Angus' heirs executed numerous mineral leases for the property. Lois had one child, Julia Nevin, who died in 1989. In 2016 and 2017, Julia Nevin’s surviving husband, Stanley Nevin, executed mineral leases with Northern Oil and Gas, Inc. In 2018, Stanley sued the successors in interest to Angus, alleging Lois owned half of the minerals reserved in the 1960 deeds. In response, the Angus heirs claimed Angus did not intend to reserve any minerals to Lois because she did not own an interest in the property conveyed in the 1960 deeds. The district court granted Northern Oil’s motion to intervene. Northern Oil appeals the quiet title judgment deciding Northern Oil did not own mineral interests in the McKenzie County property, arguing the district court erred in concluding the deeds at issue were ambiguous as to whether Angus intended to reserve minerals to his wife, Lois. Finding no reversible error in the trial court judgment, the North Dakota Supreme Court affirmed. View "Nevin, et al. v. Kennedy, et al." on Justia Law

In 2017, Michael Tharaldson died and a probate action was opened to administer his estate. Tharaldson was unmarried and had three children, including E.M. The district court found he died intestate. In 2019, Bell Bank filed this action petitioning for a determination of trust beneficiaries and approval of asset distribution. Bell Bank claimed the sole beneficiary was Michael Tharaldson’s brother, Matthew Tharaldson. E.M. objected to the petition. E.M. appeals the ultimate order finding Matthew Tharaldson was the sole beneficiary of the Michael J. Tharaldson Irrevocable Trust Agreement II (“Trust II”) and was entitled to the trust assets. E.M. argues he was a beneficiary under the Michael J. Tharaldson Irrevocable Trust Agreement (“Trust I”), Trust I was unlawfully merged with Trust II, the trustee engaged in illegal trust decanting, and he was entitled to attorney’s fees. The North Dakota Supreme Court affirmed, concluding Matthew Tharaldson was the sole beneficiary under the plain language of either trust, and E.M. was not entitled to an award of attorney’s fees. View "Matter of Michael J. Tharaldson Trust" on Justia Law

Cheryl Feickert appealed a district court’s judgment entered after a bench trial. Ashley Feickert was a minor when her father died intestate in 1988. Ashley inherited an undivided one-fourth interest in real property from her father. Her mother, Cheryl, became her conservator in 1990. Cheryl, as conservator, leased Ashley's interest in the land starting in April 1989, but failed to provide an accounting of the lease income until September 2020. In March 2021, Ashley filed suit against Cheryl alleging breach of fiduciary duties for failure to keep suitable records, self-dealing, and failure to distribute assets as Ashley's conservator. Cheryl filed an answer asserting the affirmative defenses of estoppel, waiver, laches, contributory negligence, unclean hands, and unjust enrichment. The answer included a prayer for relief requesting the court to dismiss the action, award reasonable fees and costs, and any other such relief the court deemed just and proper. Cheryl's answer did not include facts supporting her claimed defenses, nor did it specifically include a counterclaim for unjust enrichment or a request for a damages offset. The matter was tried to a district court and judgment entered in Ashley's favor. On appeal, Cheryl argued the district court erred by failing to consider her unjust enrichment claim and by denying her an offset to the damages awarded to Ashley. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Feickert v. Feickert" on Justia Law

Attorney DeWayne Johnston, on behalf of the late David Knapp, appealed the dismissal entered after the district court denied a motion to substitute Knapp’s widow as plaintiff under N.D.R.Civ.P. 25. Attorney DeWayne Johnston, on behalf of the late David Knapp, appeals from a dismissal judgment entered after the district court denied a motion to substitute Knapp’s widow as plaintiff under N.D.R.Civ.P. 25. This litigation began after the Minnesota Department of Revenue issued a third-party levy on securities held by Edward Jones for Knapp. Knapp sued the Commissioner of the Minnesota Department of Revenue and Edward Jones in North Dakota seeking dissolution of the levy. Knapp subsequently commenced this lawsuit against Edward Jones requesting dissolution of the levy or a declaration that his securities were exempt from the levy. He also brought a conversion claim and requested damages. The district court ordered the case stayed pending arbitration under terms in Edward Jones account agreements. Knapp died during the stay. Edward Jones served Knapp’s counsel, Attorney Johnston, with a statement noting Knapp’s death. Attorney Johnston filed a motion on Knapp’s behalf requesting Knapp’s widow, Cabrini Knapp, be substituted as plaintiff under N.D.R.Civ.P. 25. The court held a hearing. After the hearing, the court denied the substitution motion and dismissed the case with prejudice. The court noted that ownership of the securities had transferred to Cabrini Knapp and her “rights are not extinguished by this order and there is no prejudice to her in denying the motion to substitute her as a party.” The North Dakota Supreme Court granted Edward Jones’ motion and dismissed the appeal, agreeing that Johnston could not appeal on behalf of a dead person. If Johnston was not authorized to file this appeal, his motion to substitute on appeal was moot. View "Knapp v. The Jones Financial Co., et al." on Justia Law

Dennis Henderson and James Henderson, individually and as co-trustees of the Rose Henderson Peterson Mineral Trust, appealed a district court judgment in which the court determined they paid themselves an unreasonable amount of compensation from the Trust for their duties as trustees. The court ordered the Trustees return a portion of the compensation and that all parties’ attorney fees be paid with Trust funds. On appeal, the North Dakota Supreme Court found the questions presented in this case were not barred by the law of the case doctrine or res judicata. Furthermore, the Court determined that additional findings were required concerning application of an exculpatory provision in the Trust as well as the issue of whether the doctrine of laches applies. The Court retained jurisdiction but remanded for additional findings. View "Matter of Rose Henderson Peterson Mineral Trust" on Justia Law

Allen Betz and Timothy Betz (“the Betzes”) appealed a district court’s order finding them to be vexatious litigants and requiring them to obtain leave of court prior to filing documents in any new or existing litigation. The Betzes also argued the court erred in issuing a July 16, 2008 order reforming the Emelia Hirsch June 9, 1994, Irrevocable Trust. After review, the Supreme Court: (1) affirmed the district court’s deemed denial of Allen Betz’s motion under N.D.R.Civ.P. 60(b); (2) vacated that portion of the court’s September 30, 2021 order finding Allen Betz a vexatious litigant, and remanded to the presiding judge for further consideration; (3) dismissed Timothy Betz’s appeal, because denial of leave to file was not appealable. The Court awarded double costs and attorney’s fees of $500 to the Trustees, and remanded for further proceedings. View "Matter of Emelia Hirsch Trust" on Justia Law

Clark Beach appealed a district court order denying his petition for formal probate of a holographic will. Clark was the brother of Skip Beach (“decedent”). The decedent lived in Golden Valley County, North Dakota. He was survived by seven siblings and one daughter. The will at issue was submitted to informal probate, and co-personal representatives were appointed. Clark filed a petition for formal probate of the will. The purported holographic will left everything the decedent owned to Clark. The court entered its order denying the petition for formal probate of the holographic will. The court found the signature “Skip Beach” on the proposed holographic will was the decedent’s signature based on the evidence. The court held the clause “Everything I own” was a material portion and was not in the decedent’s handwriting. The court reasoned that the clause appeared to have been written in different ink, was lighter in appearance, and was slanted different than the rest of the document. Additionally, the court found the clause was smaller in text and was written in only printed letters while other portions of the document use a mix of cursive and printed letters. The court stated the testimony given by Clark Beach, his siblings, and others did not change the court’s finding and stated “[n]one of these individuals are handwriting experts, and none of them ever saw this purported will before Skip’s death.” The court held that Clark Beach failed to meet his burden of proof that a material portion of the document was in the testator’s handwriting as required by law. Clark argued the district court erred in finding the material portions of the holographic will were not in the testator’s handwriting. Finding no reversible error, the North Dakota Supreme Court affirmed the order denying the petition for formal probate. View "Estate of Beach" on Justia Law