Estate of Hannum
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Louis G. Hannum, Jr. (Louis Jr.) appealed a district court's order removing him for cause as the personal representative of the estate of Louis G. Hannum, Sr. (Louis Sr.). Louis Sr. passed away in 2010, and was survived by his children, Louis Jr., Mike and Mark; and his grandchildren, Monika, Veronica, Michelle, Naomi, Zachary, Esther and Jim. Louis Sr. was predeceased by his daughter, Cheryl Gallagher, who was Esther’s and Jim’s mother. Louis Jr. filed an application for informal probate of will and appointment of personal representative of Louis. Sr.’s estate on September 2, 2010. Notice was sent to Louis Jr., Mike, Mark, Esther and Jim, but not to the remaining grandchildren. Naomi did, however, know of Louis Jr.’s appointment because Naomi was Louis Jr.’s daughter and she was acting as his counsel. It is unclear whether Zachary, Louis Jr.’s son, was aware of these proceedings. Notably, Louis Jr. did not send notice to Louis Sr.’s grandchildren Monika, Veronica and Michelle. In its Order, the District Court concluded that Louis Jr. violated numerous fiduciary duties, and as a result, his removal for cause was appropriate. In its conclusions of law, the District Court determined that Louis Jr. had failed in his duty to administer the probate according to the 2005 Will, a duty imposed by 72-34-101, MCA, when he included the value of certain alleged promissory notes and distributed them between himself and Mark without authority under the 2005 Will. The court additionally found that Louis Jr. failed in his duty to avoid conflicts of interest, in his duty to use ordinary skill and prudence, in his duty to exercise discretionary powers reasonably, and in his duty to file or otherwise deliver to interested parties, within nine months of his appointment, an inventory of estate assets that included a full and true value of the decedent’s interest in every item listed in the inventory. In reaching its decision, the the Supreme Court concluded that the District Court relied on substantial credible evidence. Though the Court disfavors removing a personal representative, the District Court has broad discretion in its decision to remove a personal representative, and the Court concluded that the District Court did not abuse that discretion when it removed Louis Jr. for cause.
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