Estate of Lindbo
- In the Matter of the Estate of Louis Lindbo, Deceased
Johnny Beach, Petitioner and Appellant
American Bank Center, Personal Representative, Respondent and Appellee
Lila Wannemacher; Lowell Lindbo; Leslie Lindbo;
Laurie Beach; Lola Glass and Lillie Wolf, Respondents
- Case Type
- CIVIL APPEAL : PROBATE - WILLS - TRUSTS
- Appeal From
Case No. 2016-PR-00079
Southwest Judicial District, Stark County
Rhonda Rae Ehlis
Parties' Statement of Issues
Did the District Court err by finding that the former personal representative, Johnny Beach, Appellant, sought payment twice for the same hours and by not compensating the former personal representative for any of the former personal representative’s services contrary to N.D.C.C. § 30.1-18-19?
1. The District Court did not err in finding that Johnny Beach sought payment twice for the same work.
2. The District Court did not err by awarding Mr. Beach $25,000 as compensation for the work he performed as personal representative of the Lindbo Estate.
Johnny Beach appeals from an order denying the former personal representative’s motion for payment of personal representative fees.
The decedent Louis Lindbo died in June 2016. Lindbo was not married and had no children. An application for informal probate was filed with a handwritten will. Beach was appointed as personal representative. In May 2019, the district court removed Beach as personal representative and appointed American Trust Center, now known as Bravera Wealth, as the estate’s personal representative. In January 2021, the court ordered Beach to reimburse the estate $124,386.89, holding Beach commingled and misappropriated estate assets and made payments to his construction company. In March 2022, the estate submitted its notice of proposed final distribution, final inventory and appraisal, and final accounting. In April 2022, Beach moved the court for an order, seeking the estate to compensate him for services to the estate as personal representative and for attorney’s fees incurred. In July 2022, the court denied his motion for personal representative fees but partially granted attorney’s fees. The estate subsequently filed a new notice of final distribution and personal representative’s final accounting.
On appeal, Beach argues the district court erred by finding the former personal representative, Beach, sought payment twice for the same hours and erred by not compensating the former personal representative for any of the former representative’s services.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||11/04/2022||NOTICE OF APPEAL : 11/04/2022||View|
|2||11/07/2022||Rec'd Filing Fee|
|3||11/08/2022||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.||View|
|4||11/08/2022||Notice served on Thomas F. Murtha IV, Jorsan L. Selinger, Irvin B. Nodland, Lowell Lindbo|
|5||11/08/2022||Leslie Lindbo, Laurie Beach, Lola Glass and Lillie Wolf|
|6||11/19/2022||Letter dated November 8, 2022 addressed to Lola Glass - returned undeliverable, updated address|
|7||12/06/2022||ELEC. RECORD ON APPEAL DATED DECEMBER 5, 2022(ENTRY NOS. 1-372)||View|
|9||12/14/2022||Oral Argument Request by Appellant|
|10||12/15/2022||Rec'd corrections to ATB|
|11||12/19/2022||Rec'd 3 copies of ATB back from CD|
|13||01/17/2023||Rec'd 3 copies of AEB back from CD|
|14||01/24/2023||NOTICE OF ORAL ARGUMENT SENT|
|15||01/25/2023||Intent to Particpate in Oral Argument by American Trust Center||View|
|17||01/30/2023||Rec'd 3 copies of RYB back from CD|
|18||02/06/2023||APPEARANCES: Thomas F. Murtha IV; Jordan L. Selinger|
|19||02/06/2023||ARGUED: Thomas F. Murtha IV; Jordan L. Selinger|
|20||02/06/2023||ORAL ARGUMENT WEBCAST|