Estate of Allmaras

20060380

In the Matter of the Estate of Margaret Allmaras, Deceased
------------------
Anthony Allmaras, Daniel Allmaras,
David Allmaras, Geri Allmaras,
Russell Allmaras, Shelly Schullum,
Timothy Allmaras and Todd Allmaras, Petitioners and Appellants
v.
Robert E. Manly, Personal Representative
of the Estate of Margaret Allmaras,
and Linda Allmaras, Respondents and Appellees

Appeal from:

District Court, Southeast Judicial District, Eddy County
Judge John E. Greenwood

Nature of Action:

Probate - Wills - Trusts

Counsel:

Appellant:		#David R. Bliss, L.L.C.
Appellee:		Don R. Grande, P.C.

Term:

05/2007 Argument: 05/14/2007 09:30am

ND cite:

2007 ND 130

NW cite:

737 N.W.2d 612

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Issues:

Appellant's Statement of the Issues:
I.The trial court committed reversible error when it concluded that the dispositive provisions of Margaret Allmaras's certificate of deposit, established as a payable on death account, were destroyed upon its withdrawal or removal through an intervening act by her attorney in fact.

II.The trial court committed reversible error when it concluded that the action taken by the guardian/conservator was proper when it deposited funds into an account for Margaret's benefit.
III. The trial court committed reversible error when it concluded that the deposited funds at issue properly belong to the residue of the estate and that Margaret Allmaras's last will and testament dictates the deposition of the P.O.D. funds.

Appellants' Reply Brief Issues

I. The trial court incorrectly ruled that the payable on death dispositive provisions were lost when the attorney-in-fact terminated the certificate of deposit account.
II. The trial court incorrectly ruled that the court-ordered restitution was an asset of the probate estate.

Appellee's Statement of the Issues:
I. Whether the trial court correctly ruled that the payable on death dispositive provisions were lost when the attorney-in-fact termined the certificate of deposit account.
II. Whether the trial court correctly ruled that the court ordered restitution was an asset of the probate estate.

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Docket entries:

1	12/26/2006	NOTICE OF APPEAL: 12/22/2006
2	12/26/2006	ORDER FOR TRANSCRIPT: 12/22/2006
3	01/19/2007	RECORD ON APPEAL & Misc. Correspondence
4	02/05/2007	TRANSCRIPT DATED APRIL 4, 2006
5	02/05/2007	DISK-TRA(4/4/06)
6	03/16/2007	APPELLANT BRIEF (e-filed)
7	03/16/2007	E-FILED BRIEF (ATB)
8	03/16/2007	APPELLANT APPENDIX (e-filed) PDF
9	03/16/2007	E-FILED APPENDIX
10	03/20/2007	Rec'd $25 surcharge for ATB (Receipt #17320)
11	03/22/2007	Rec'd 7 copies of ATB from CSD
12	03/22/2007	Rec'd 6 copies of ATA from CSD
13	04/16/2007	APPELLEE BRIEF
14	04/16/2007	E-FILED BRIEF (AEB)
15	04/23/2007	We received $25 surcharge for AEB (Receipt # 17358)
16	04/25/2007	REPLY BRIEF
17	04/25/2007	E-FILED BRIEF - RYB
18	04/25/2007	Certificate of Service by electronic mail of RYB
19	04/26/2007	Certificate of Service of Corrected title page
20	04/26/2007	Received 7 copies of AEB from Central Duplicating
21	04/30/2007	Received 7 copies of RYB from Central Duplicating
22	05/14/2007	APPEARANCES: David R. Bliss; Daniel J. Frisk, Don R. Grande
23	05/14/2007	ARGUED: Bliss; Frisk
24	05/14/2007	ORAL ARGUMENT WEBCAST
25	05/15/2007	Letter dated 5/14/2007 from David Bliss regarding citation in reply brief
26	08/22/2007	DISPOSITION: REVERSED AND REMANDED
27	08/22/2007	SPLIT OPINION: VandeWalle, Gerald W.
28	08/22/2007	(DISSENT): Kapsner, Carol Ronning: DISSENT
29	08/22/2007	(DISSENT): Crothers, Daniel John: DISSENT
30	08/22/2007	Costs on appeal taxed in favor of appellants
31	08/23/2007	Judgment Mailed to Parties
32	09/17/2007	MANDATE
33	09/20/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008