In Matter of Estate of Omernik

This is a review of an unpublished court of appeals decision which summarily affirmed an order of the probate court closing the estate of John Omernik for lack of assets and discharging the personal representative.

Raymond Omernick, one of John Omernik’s two sons, appealed from the order of the probate court, contending that the decedent’s homestead was part of the estate, since there was no evidence that a deed which purportedly conveyed the real property to Anton, the other son, had been delivered prior to John Omernik’s death. The probate court did not make an explicit finding as to whether…