Archive | Objections to probate

RSS feed for this section

Volk v. Goeser

Volk v. Goeser, 2016 MT 61 (March 8, 2016) (Wheat, J.; Rice, J., concurring; Shea, J., concurring; McKinnon, J., dissenting) (6-1, rev’d)

Issue: Whether the district court properly granted summary judgment to Valerie and denied the imposition of a constructive trust on life insurance proceeds in favor of RBV, a minor child.

Short Answer: No.

Summary judgment reversed, remanded to fashion constructive trust

Facts: Roy and Pamela Volk married in April 1996, and had a son, RBV, in 2000. In June 2010, Roy filed for divorce and the district court issued the statutorily mandated summons and TRO. The dissolution decree was entered in December 2011.

Roy and Pamela entered into a marital settlement agreement (MSA) the day before the final decree of dissolution.…

Estate of Harris

Estate of Harris, 2015 MT 182 (June 30, 2015) (Baker, J.) (5-0, aff’d)

Issue: (1) Whether the district court properly allowed probate of Dorothea Harris’s estate, and (2) whether the district court properly granted summary judgment to Harris on Contestants’ objections.

Short Answer: (1) Yes, overruling Estate of Taylor, and (2) yes.


Facts: Dorothea Harris’s surviving adult children (Contestants) challenge the informal probate initiated by their stepfather, Lincoln Harris, as well as the validity of a will devising to Harris all of the mineral rights from their mother’s estate. Dorothea married Lincoln in 1965 after the death of her first husband, who was the natural father of the three Contestants as well as a fourth child, Theodore, who died in 1997.…