Summary
The Montana Supreme Court reversed and remanded a summary judgment awarding Susan Collins a share of the estate as a putative spouse. The Court held that the Estate was not given notice and a full and fair opportunity to brief, develop facts, and respond to the putative-spouse theory under Montana Code Annotated § 40-1-404. The dissent would have affirmed, reasoning that the material facts were undisputed and the issue was solely one of law.
Topics
Practice areas
Questions Presented
- Whether the District Court erred by granting summary judgment to Collins as a putative spouse when the Estate had not received notice and a full and fair opportunity to address that theory.
Holdings
- The District Court erred by granting summary judgment in favor of Collins without first providing the Estate notice and a reasonable opportunity to develop facts and argument concerning the putative-spouse theory and the application of § 40-1-404, MCA.
Key quotations
“However, it is critical that the court ensure the original movant had “full and fair opportunity to meet the proposition, that there is no genuine issue of material fact and the [nonmoving] party is entitled to judgement as a matter of law.”” (¶ 9)
“It was error for the District Court to grant summary judgment in favor of Collins without first affording the Estate notice and a reasonable opportunity to be heard.” (¶ 12)
Factual background
Henry Todd Marson and Susan Collins executed a handwritten declaration of common-law marriage in 1987. During Collins's later dissolution proceeding, Linda Lundgren claimed that she had previously entered into a common-law marriage with Marson and that the marriage had never been dissolved; the validity of that alleged marriage had not been determined. After Marson died testate without leaving Collins anything, Collins claimed that Marson's alleged fraud entitled her to surviving-spouse benefits, including an elective share and statutory allowances.
Procedural history
Collins filed a claim against Marson's estate seeking spousal benefits, including an elective share and homestead and exempt-property allowances. The Estate moved for partial summary judgment on the ground that Collins was not a surviving spouse. During an unrecorded in-chambers hearing, Collins raised the putative-spouse theory for the first time, and the District Court later granted summary judgment in her favor on that theory. The Montana Supreme Court reversed and remanded.
Remand instructions
The District Court must provide each party a reasonable opportunity to develop facts and argument regarding all relevant issues, including issues surrounding § 40-1-404, MCA, and any material facts that could render the putative-spouse issue irrelevant or require consideration of alternative legal theories.