Rand v. Security National Corp.
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The Supreme Court held that the beneficiary of an estate cannot file a separate suit outside probate against the personal representative of the estate for claims arising out of and related to the personal representative's fees for administering the estate.
After Roger Rand died testate, attorney Larry Storm informed Security National Bank that it had been nominated as the personal representative of the estate. Plaintiff, a beneficiary of the estate, later received a document entitled "Estate Administration Overview" that included a statement regarding fees for the estate's administration. The document reflected the maximum fees for ordinary services that a personal representative could receive. Plaintiff objected, arguing that Security National deprived the beneficiaries of the opportunity to replace the personal representative with another that required a smaller fee. The probate court reduced the fees to Security National below the requested amounts. Plaintiff then brought this suit against Security National arising from Security National's service as the personal representative of the estate. The district court held that Plaintiff's claims should have been asserted in the probate court or otherwise failed as a matter of law. The Supreme Court affirmed, holding that the district court properly granted summary judgment to Security National on all claims.
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