In Re the Estate of Marchwick

¶1 Brandy Burgess and Amy Burgess Smith appeal the Judgment of the Eighteenth Judicial District Court, Gallatin County. We affirm.

¶2 We review the following issue on appeal:

¶3 Did the District Court improperly issue a declaratory judgment?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 Judy Marchwick (Judy) executed her last will and testament, and an unfunded pour-over revocable living trust, on July 23,2004. Judy’s trust expressed her intent to distribute a portion of her estate to her then husband, Ronald Burgess (Ronald). Judy’s trust distributed the remainder of her estate as follows: sixty percent…