In re the Guardianship and Conservatorship of G.O.

Summary

The Montana Supreme Court affirmed the District Court’s order in a guardianship and conservatorship proceeding involving G.O. The court held that the decedent’s brothers lacked standing to challenge changes to transfer-on-death beneficiary designations made while G.O. was alive. The court also upheld the District Court’s findings concerning initial conservatorship expenses, concluding they were supported by credible bank-statement evidence.

Holdings

1. Would-be beneficiaries of a transfer-on-death designation have no present property interest before the account holder's death and therefore lack standing to challenge their removal as beneficiaries. Because G.O. was alive when the designations were modified, Doug and Bruce lacked standing, and the court declined to reach the merits.
2. The District Court's findings regarding the first month of conservatorship expenses were not clearly erroneous because bank statements from G.O. and Lisa's joint account constituted credible evidence supporting those findings.

Questions Presented

1. Whether Doug and Bruce had standing to challenge the modification of transfer-on-death beneficiary designations while G.O. was still alive.
2. Whether the District Court's findings regarding the first month of conservatorship expenses were clearly erroneous because they allegedly lacked evidentiary support.

Disposition

affirmed