In re Estate of Hannum

Summary

The Montana Supreme Court affirmed the removal of Louis G. Hannum, Jr. as personal representative of his father's estate. The court held that he failed to administer the estate according to the effective will and probate code, including by omitting required bequests, including assets of questionable value, filing an untimely and deficient inventory, and failing to provide required notices.

Holdings

1. The Final Accounting and Inventory constituted a formal request for court approval, not merely a proposal for distribution, because Hannum, Jr. asked the court to distribute the estate according to those documents without first mailing a proposal and allowing interested persons time to object.
2. Hannum, Jr. breached his duty to administer the estate according to the effective 2005 will and the probate code by omitting required bequests, including assets based on the revoked 1995 will, failing to provide required notice, filing a late and deficient inventory, and submitting an inaccurate and incomplete accounting.
3. The District Court did not abuse its discretion by removing Hannum, Jr. as personal representative for cause.

Questions Presented

1. Whether the District Court properly treated Hannum, Jr.'s Final Accounting and Inventory as a formal request for approval rather than a proposal for distribution.
2. Whether substantial credible evidence supported the District Court's findings that the inventory and accounting were untimely, incomplete, inaccurate, or improperly served.
3. Whether the District Court abused its discretion by removing Hannum, Jr. as personal representative for cause.

Disposition

affirmed