In re Estate of KellyAnnotate this Case
After executing her last will and testament in Montana, Laura Jean Kelly, who neither married nor had children, died at age sixty-two. Laura’s siblings petitioned the district court for a determination that Laura’s interest in a family partnership was not part of her residuary estate. The district court concluded that Laura’s interest in the family partnership was a non-probate asset and did not constitute part of the residue of Laura’s estate. As such, Laura’s partnership interest passed to Laura’s siblings, her “heirs-at-law.” Laura’s niece appealed. The Supreme Court affirmed, holding that the district court did not err in its interpretation of the term “heirs,” its application of Montana law, and its conclusions of law.