Legal Opinion
Bienash v. Moller
South Dakota Supreme Court
Decided August 16, 2006No. 23781PublishedCited by 22 opinions
1Opinion of the Court
MILLER, Retired Justice.
[¶ 1.] Kenneth Duebendorfer signed a power of attorney naming Randy and Kathy Moller (Mollers) as his attorneys-in-fact. Mollers engaged in acts of self-dealing using the power of attorney. Maxine Bienash filed a complaint and the circuit court granted summary judgment on two counts, breach of fiduciary duty and fraud. Mollers appeal. We affirm.
Facts and Procedural History
[¶ 2.] Duebendorfer was born on February 1, 1913, and died on April 27, 2003, at the age of ninety. He was a bachelor who lived modestly, but had substantial wealth. Duebendorfer had one sister, Irene…
2Cases cited17 opinions
- High Plains Genetics Research, Inc. v. J K Mill-Iron RanchSouth Dakota Supreme Court · 1995
- Ward v. LangeSouth Dakota Supreme Court · 1996
- American State Bank v. AdkinsSouth Dakota Supreme Court · 1990
- In the Matter of Estate of DuebendorferSouth Dakota Supreme Court · 2006
- Estate of Olive D. Casey, Deceased Carlton D. Casey, C. Lewis Casey, Robert T. Casey v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1991
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In the Matter of Estate of DuebendorferSouth Dakota Supreme Court · 2006
- Wyman v. BrucknerSouth Dakota Supreme Court · 2018
- Estate of Stoebner v. HuetherSouth Dakota Supreme Court · 2019
- Johnson v. MarkveSouth Dakota Supreme Court · 2022
- Kent v. United Of Omaha Life Insurance CompanyCourt of Appeals for the Eighth Circuit · 2007
17 more not listed; retrieve them via the Exa API.