In Re the Estate of Marson

¶1 The Estate of Henry Todd Marson (‘Estate”) appeals from an Order entered on October 11, 2002, in the First Judicial District, Broadwater County, granting summary judgment in favor of Susan Collins (‘Collins”) and dismissing Plaintiff s complaint. We reverse and remand for further proceedings.

¶2 We restate the issue on appeal as follows:

¶3 Did the District Court err in granting summary judgment to Collins as a putative spouse when the Estate did not have a full and fair opportunity to address the application of the putative spouse statute, §40-1-404, MCA?

¶4 As we remand for further…