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Matter of the Estate of Engellant

Matter of the Estate of Engellant, 2017 MT 100 (May 2, 2017) (McGrath, C.J.) (5-0, rev’d)

Issue: Whether the District Court erred in granting summary judgment to Kenneth and dismissing the petition for lack of standing.

Short Answer: Yes.

Reversed and remanded

Facts: Petitioners Daren and Kevin Engellant are the sons of Respondent Kenneth Engellant, and nephews of Gregory Engellant. Gregory was permanently disabled in 1982, and Kenneth has been the appointed conservator since 1985. Gregory executed a will in 1978, before his accident, and a second will in 2012. Daren and Kevin and devisees under both wills.…