Summary
The Wyoming appellate court held that a contingent claim against a probate estate was not required to include an attached affidavit under Wyo. Stat. Ann. § 2-7-704(a) when the claim’s particulars were otherwise stated. The court also held that the claimant was not required to plead the specific legal theory of constructive trust in its estate claim. The district court’s order was reversed and the matter was remanded.
Topics
Practice areas
Questions Presented
- Whether a contingent claim against a probate estate must be supported by the affidavit required for claims that are due under Wyo. Stat. Ann. § 2-7-704(a).
- Whether a probate claim must specifically plead the legal theory of constructive trust in order to avoid dismissal.
Holdings
- A contingent claim is governed by the second sentence of Wyo. Stat. Ann. § 2-7-704(a), which requires the particulars of the claim to be stated but does not require the affidavit applicable to a claim that is due. A claim that sufficiently states its particulars may not be rejected solely because it lacks an attached affidavit.
- Neither the Wyoming Probate Code nor Wyo. Stat. Ann. §§ 2-7-703 and 2-7-704 requires a claimant to identify every legal theory or specify the evidence supporting a probate claim. The company's constructive-trust theory therefore could not be dismissed solely because it was not specifically pleaded.
Key quotations
“The claim filed by the Company is contingent on the Company establishing its equitable claims, and thus is not a "claim which is due."” (155 P.3d at 1035)
“Neither the statutes at issue nor Wyoming law requires dismissal of the Company's constructive trust theory.” (155 P.3d at 1036)
“If the executor was not satisfied with or was confused by the facts laid out in the Company's claim, it was her burden to request additional particulars.” (155 P.3d at 1036)
Factual background
Frost Construction Company paid for and thereafter possessed, improved, maintained, and collected rents from property deeded to James T. Frost personally. After James T. Frost died, the company filed a contingent claim against his probate estate seeking conveyance of the property based on equitable theories, including constructive trust. The claim stated the factual basis, attached supporting documents, and was signed by the company's president, but it did not include a separate affidavit.
Procedural history
Frost Construction submitted a contingent claim against the Estate of James T. Frost seeking transfer of property that the company alleged it beneficially owned. Shelley M. Dodson rejected the claim because it lacked an affidavit, and the district court dismissed the claim on that basis and ruled that the company had not properly pleaded constructive trust. The Wyoming Supreme Court reversed and remanded.
Remand instructions
The district court was instructed to take appropriate action consistent with the ruling that the claim was not invalid solely for lack of an affidavit and that the constructive-trust theory could not be rejected on that pleading ground.