Legal Opinion

In Re the Estate of Erickson

Montana Supreme Court

Decided October 31, 2017No. DA 17-0100PublishedCited by 3 opinions

1Opinion of the CourtJustice Wheat

¶1 This appeal comes from the District Court’s denial of a motion for relief from a judgment or order under M. R. Civ. P. 60(b).

¶2 We restate the issues on appeal as follows:

Issue One: Did the District Court err in determining M. R. Civ. P. 60(b) did not apply?

Issue Two: Did the District Court err in denying Gail’s motion to modify a formal testacy order under § 72-3-317(4), MCA?

Issue Three: Did the District Court err in denying Gail’s request for imposition of a constructive trust ?

Issue Four: Is the Personal Representative entitled to attorney fees and costs pursuant to § 72-12-206, MCA?

FACT…

2Cases cited16 opinions

  1. State v. TriplettMontana Supreme Court · 2008
  2. Powder River County v. StateMontana Supreme Court · 2002
  3. Heller v. GremauxMontana Supreme Court · 2002
  4. State v. Bobby CookseyMontana Supreme Court · 2012
  5. Associated Press v. CroftsMontana Supreme Court · 2004

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Estate of SwanbergMontana Supreme Court · 2020
  2. Matter of Justin B. DickeyMontana Supreme Court · 2021
  3. Estate of Sean ThomasMontana Supreme Court · 2026

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