Matter of Estate of Atwood

HUITINK, Judge.

Ronald Atwood, administrator of Ernest Atwood’s estate, appeals from a judgment declaring Irene Konken was married to Ernest Atwood at the time he died and she was, as his surviving spouse, entitled to a share of his estate. Konken cross-appeals from the district court’s denial of her application to remove Ronald' Atwood as administrator of the estate and the district court’s refusal to impose Rule 80(a) sanctions on the administrator for litigating her claim. We reverse on appeal and affirm on cross-appeal.

I. Background Facts and Proceedings.

Ernest Atwood died on May 31,1994.…