Estate of Du Lac

2012 MT 107N · Supreme Court of the State of Montana · May 15, 2012 · No. DA 11-0320

Summary

The Montana Supreme Court affirmed the dismissal of a probate action for lack of subject matter jurisdiction. The decedent was domiciled in California and the only property in Montana consisted of an old pair of eyeglasses and various documents, which were insufficient to establish jurisdiction. The court held that the decedent's assets were held in a California trust, and there was no tangible connection between the estate and Montana.

Holdings

  1. The District Court properly dismissed the matter for lack of subject matter jurisdiction because Jennings failed to demonstrate any tangible connection between the estate of the deceased and the State of Montana; the alleged property in Montana was insufficient to confer jurisdiction.

Questions Presented

  1. Whether the District Court properly dismissed the matter for lack of subject matter jurisdiction.

Disposition

affirmed

Cases Cited (3)

  • Art v. Mont. Dep't of Labor & Indus., 2002 MT 327, 313 Mont. 197, 60 P.3d 958(followed)
  • Judicial Stds. Comm'n v. Not Afraid, 2010 MT 285, 358 Mont. 532, 245 P.3d 1116(followed)
  • Lurie v. Blackwell, 285 Mont. 404, 948 P.2d 1161 (1997)(followed)

Cited In (0)

No citing cases on record yet.

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