Estate of Smith
Annotate this CaseScott Smith and Kristen Hackmann, co-personal representatives of William Smith’s estate, appealed a February 17, 2021 order denying their post-judgment motions and granting Charlene and LeeAllen Smith’s motion to enforce the existing judgment. On June 15, 2020, the co-personal representatives filed an amended inventory and appraisement along with a notice of proposed distribution. Charlene Smith objected to the proposed distribution and filed a motion to compel compliance with the November 2, 2018 Judgment. In response to the motion to compel, the co-personal representatives argued that Charlene Smith had rejected the distribution reflected in the November 2, 2018 Judgment by filing for an elective share, she had no probable cause to challenge the will so the penalty clause in the will had been triggered, and the question of whether she was entitled to a share of the estate remained open. Charlene Smith’s assertion of an elective share and challenge to the will were within the litigation between the parties prior to the entry of the 2018 Judgment. A hearing was held on October 13, 2020. Charlene Smith argued that the 2018 Judgment was final regardless of a provision that left open an increase in legal and administrative fees. The co-personal representatives argued there were mistakes in the 2018 inventory and appraisement and questioned whether the district court should require distributions pursuant to the 2018 Judgment, the supplemental inventory, or start over. During the hearing, all of the parties provided argument on the issue of whether the 2018 Judgment was final. At the conclusion of the hearing, the court noted: “These matters—or the Motion to Compel issue, obviously, needs to be decided first.” The court found the 2018 Judgment was final, the time to appeal the November 2, 2018 Judgment had passed, LeeAllen and Charlene Smith were entitled to their distributions pursuant to the 2018 Judgment, and the finality of the 2018 Judgment precluded resolution of the co-personal representatives’ post-judgment motions. The court ordered attorney’s fees to be paid by the co-personal representatives personally after finding there was no basis in law to support their post-judgment motions and their authority as personal representatives had ceased. The North Dakota Supreme Court concurred the 2018 Judgment was final, thereby affirming the February 2021 order.
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