Estate of AlbrechtAnnotate this Case
Glenvin Albrecht (“Glen”) appealed judgment entered in favor of the Estate of Sharleen Albrecht (“Estate”) regarding certain assets in which he had an ownership interest. In February 2010, Glen sued Sharleen for divorce after nearly 50 years of marriage. Sharleen died on July 29, 2013, before a final divorce judgment was entered. The district court entered a final divorce judgment after her death, and the North Dakota Supreme Court reversed, holding Sharleen's death abated the divorce action. Sharleen had a will, and Sharleen and Glen's son, Mark Albrecht, was appointed personal representative of the Estate. In February 2017, the Estate petitioned for the return, partition, and sale of estate assets. The Estate alleged Sharleen owned a one-half interest in various farm machinery, equipment, and vehicles, which were in Glen's control. The Estate alleged a partition and sale of the assets was necessary to satisfy estate expenses. Glen objected to the petition, arguing Sharleen did not have an ownership interest in the assets. A trial was conducted in 2018, the result of which ended with judgment in favor of the estate. Glen argued on appeal that the district court erred by finding Sharleen had an interest in the assets at issue, and the court abused its discretion by allowing personal representative’s and attorney’s fees. Finding no reversible error or abuse of discretion, the North Dakota Supreme Court affirmed.