Legal Opinion

In Re Estate of Elken

North Dakota Supreme Court

Decided July 2, 2007No. 20060331PublishedCited by 45 opinions

1Opinion of the Court

CROTHERS, Justice.

[¶ 1] Lorry Larson appeals from a district court order denying his claims against the estate of Gilbert Elken, Jr. We conclude the district court misapplied the law in deciding Larson’s claims against the estate were untimely because he was not a reasonably ascertainable creditor under N.D.C.C. § 30.1-19-01. We hold Larson was a reasonably ascertainable creditor, and we remand for further proceedings on his claims.

I

[¶ 2] In February 1999, the trustees of the Orrie E. Larson and Dorothy E. Larson Trust granted Elken a life estate in a house in Mayville, with a remainder to…

2Cases cited18 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  3. Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
  4. Van Grinsven v. G.R.H.North Dakota Supreme Court · 2006
  5. Brandt v. SomervilleNorth Dakota Supreme Court · 2005

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3Cited by45 opinions

  1. Teigen v. StateNorth Dakota Supreme Court · 2008
  2. Nelson v. JohnsonNorth Dakota Supreme Court · 2010
  3. Feland v. P.F.North Dakota Supreme Court · 2008
  4. Zajac v. Traill County Water Resource DistrictNorth Dakota Supreme Court · 2016
  5. State v. NessNorth Dakota Supreme Court · 2009

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

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