Archive | Standing (statutory)

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Matter of the Estate of Engellant

Matter of the Estate of Engellant, 2017 MT 100 (May 2, 2017) (McGrath, C.J.) (5-0, rev’d)

Issue: Whether the District Court erred in granting summary judgment to Kenneth and dismissing the petition for lack of standing.

Short Answer: Yes.

Reversed and remanded

Facts: Petitioners Daren and Kevin Engellant are the sons of Respondent Kenneth Engellant, and nephews of Gregory Engellant. Gregory was permanently disabled in 1982, and Kenneth has been the appointed conservator since 1985. Gregory executed a will in 1978, before his accident, and a second will in 2012. Daren and Kevin and devisees under both wills.…

Estate of Lawlor

Estate of Lawlor, 2015 MT 54 (Feb. 24, 2015) (Wheat, J.; McKinnon, J. dissenting) (5-2, aff’d & rev’d)

Issue: (1) Whether the district court erred in holding that Audrey lacked standing to contest Dennis’s will, and (2) whether the district court erred in determining that Audrey lacked standing to petition for the removal of the PR for cause.

Short Answer: (1) yes, and (2) no.

Reversed on (1), affirmed on (2)

Facts: Dennis Lawlor executed a will on Dec. 6, 2012, and died the next day. He had no children, and was survived by three siblings, Antoinette, Mary, and John. His sister Joan predeceased him, and was survived by her daughter, Audrey, and Audrey’s son, John. The will devised all of Dennis’s estate to his living sisters, Antoinette and Mary.…

Moreau v. Transportation Insurance Co.

Moreau v. Transportation Insurance Co., 2015 MT 5 (Jan. 6, 2015) (McGrath, C.J.) (5-0, rev’d)

Issue: Whether a workers’ compensation claimant’s estate had standing to seek reimbursement of his medical expenses from the insurance carrier.

Short Answer: Yes.

Reversed and remanded

Facts: Edwin Moreau worked at the W.R. Grace mine from 1963-1992. He died of asbestos-related lung cancer in 2009. In 2010, his wife Cristita, the PR of the estate, filed for occupational disease benefits with Grace’s work comp carrier, Transportation Insurance. After initially denying the claim, Transportation accepted liability for Edwin’s medical expenses. Moreau and Transportation entered a settlement agreement under which Transportation reimbursed Medicaid, other providers, and Moreau for medical expenses paid on Edwin’s behalf.

The Libby Medical Plan, established and funded by W.R.…