Estate of Elken

20060331 In the Matter of the Estate of Gilbert Elken, Jr., Deceased.
---------------
Lorry Larson, Petitioner and Appellant
v.
Mark Fraase, Personal Representative
of the Estate of Gilbert Elken, Jr., Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Traill County
Judge Wade L. Webb
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellant: #Ohnstad Twichell, P.C.
Appellee: McNair, Larson & Carlson, Ltd.
Term: 04/2007   Argument: 04/17/2007  1:30pm
ND cite: 2007 ND 107
NW cite: 735 N.W.2d 842

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. The first issue is whether a "reasonably ascertainable creditor" is limited to those who regularly submit billing statements to the decedent. The second issue is whether a claimant can file a claim against the Estate more than three months after publication: when (1) the Personal Representative invited the claimant to submit a bill for payment more than three months after publication; and (2) the guardian and conservator of the decedent/life tenant was aware of the claim, and the exact amount of the claim could not be determined until the decedent's personal effects were removed from the home.

Appellee's Statement of the Issues:
I.The District Court Did Not Err When it Ruled That Mr. Larson Was Not a "Reasonably Identifiable Creditor" Because the Record Shows the Personal Representative Had No Notice of Circumstances That Would Have Lead Him to Discover Mr. Larson's Claim Before the Non-Claim Period Expired.
II.Larson Cannot Establish Either Waiver or Equitable Estoppel to Justify the Late Filed Claims.

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Docket entries:
111/20/2006 NOTICE OF APPEAL: 11/17/2006
211/20/2006 ORDER FOR TRANSCRIPT: 11/17/2006
311/20/2006 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
412/06/2006 TRANSCRIPT DATED AUGUST 30, 2006
512/06/2006 DISK tra (August 30, 2006) e-mailed
612/13/2006 RECORD ON APPEAL
712/29/2006 Letter dated December 28, 2006, from Wm. Brudvik regarding appealability
801/15/2007 Letter dated January 15, 2007, from Bruce H. Carlson regarding appealability
901/17/2007 Reset due date for appellant's brief after stay.
1001/17/2007 ACTION BY SUPREME COURT (MAT). Granted: 02/16/2007
1102/16/2007 APPELLANT BRIEF (e-filed) (PDF)
1202/16/2007 E-FILED BRIEF (ATB) (PDF)
1302/16/2007 APPELLANT APPENDIX (E-filed) (PDF)
1402/16/2007 E-FILED APPENDIX (e-filed) (PDF)
1502/20/2007 Received $25 surcharge for ATB (Receipt #17284)
1602/21/2007 Rec'd cys of ATB from CSD
1702/21/2007 Rec'd cys of ATA from CSD
1803/16/2007 APPELLEE BRIEF
1903/16/2007 APPELLEE APPENDIX
2003/19/2007 DISK - aeb
2103/19/2007 Affidavits of Service by Mail of the Appellee's Brief and Appellee's Appendix
2203/21/2007 SITTING WITH THE COURT: Leclerc, Lawrence A.
2303/30/2007 REPLY BRIEF of Appellant (e-filed)
2403/30/2007 E-FILED BRIEF (RYB)
2504/03/2007 Received 7 copies of RYB from Central Duplicating
2604/17/2007 APPEARANCES: Brett A. Brudvick, Sara K. Sorenson; Bruce H. Carlson
2704/17/2007 ARGUED: Brudvick; Carlson
2804/17/2007 ORAL ARGUMENT WEBCAST
2907/02/2007 DISPOSITION: REVERSED AND REMANDED
3007/02/2007 UNANIMOUS OPINION: Crothers, Daniel John
3107/02/2007 Costs on Appeal taxed in favor of Appellant
3207/02/2007 Judgment E-Mailed to Parties
3307/24/2007 MANDATE
3407/27/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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