In re Guardianship of Novotny
Annotate this CaseThree individuals (the Conservators) were appointed guardians and conservators of Mary Novotny. The Conservators established the Mary D. Novotny Trust. Catherine Novotny was a beneficiary of the Trust, and the conservators were the trustees. When a dispute over the Trust arose between the trustees and Catherine, the circuit court granted reimbursement of expenses to the trustees. The circuit court granted summary judgment in favor of the Conservators and awarded them reimbursement and future expenses. Catherine appealed. The Supreme Court remanded, holding that there was no evidence in the record that supported the basis for reimbursement under S.D. Codified Laws 55-3-13, and therefore, the circuit court erred in granting the Conservators’ motions for expenses.
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