Legal Opinion

Estate of Schmidt v. Schmidt

North Dakota Supreme Court

Decided December 23, 1997No. Civil 970183PublishedCited by 15 opinions

1Opinion of the Court

VANDE WALLE, Chief Justice.

[¶ 1] Gerald Schmidt appealed two discovery orders, a clarifying order, and an order interpreting Article III(B) of the Odelia M. Schmidt-Revocable Trust. We affirm.

[¶2] In 1978, Wilson and Odelia Schmidt sold their farmland to their son, Gerald Schmidt, on a contract for deed for $115,000. Wilson died in 1980. During the administration of Wilson’s estate, the IRS determined the sale of farmland to Gerald was a bargain sale, and Wilson’s estate was required to pay a gift tax.

[¶ 3] In 1983, Odelia executed a will and trust agreement. Article III(B) of the trust…

2Cases cited8 opinions

  1. Hofsommer v. Hofsommer Excavating, Inc.North Dakota Supreme Court · 1992
  2. Tom Beuchler Construction, Inc. v. City of WillistonNorth Dakota Supreme Court · 1987
  3. Hecker v. Stark County Social Service BoardNorth Dakota Supreme Court · 1995
  4. Smith v. SmithNorth Dakota Supreme Court · 1995
  5. Schnell v. SchnellNorth Dakota Supreme Court · 1977

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Alerus Financial, N.A. v. Western State BankNorth Dakota Supreme Court · 2008
  2. Langer v. PenderNorth Dakota Supreme Court · 2009
  3. Stout v. Fisher Industries, Inc.North Dakota Supreme Court · 1999
  4. Rath v. RathNorth Dakota Supreme Court · 2015
  5. Bertsch v. DuemelandNorth Dakota Supreme Court · 2002

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