Estate of Firebaugh v. Firebaugh

Kenneth Firebaugh, one of the decedent’s two sons, appeals from the decision of the District Court holding that debts Kenneth owed to his deceased mother were to be offset against his share of her estate, despite the fact that the debts had been previously discharged in bankruptcy. John Firebaugh cross appeals. We affirm in part, reverse in part and remand.

Winifred Mills Firebaugh died on November 25,1991 in Missoula, Montana. She left a will dated April 24, 1984. Winifred Firebaugh was survived by two sons; John Firebaugh of Missoula and Kenneth Firebaugh of Kalispell. The two sons are named…