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Estate of Lindbo

Docket No. 20220326
Oral Argument: Monday, February 6, 2023 1:30 PM

Docket Info

Title
In the Matter of the Estate of Louis Lindbo, Deceased

Johnny Beach, Petitioner and Appellant
v.
American Bank Center, Personal Representative, Respondent and Appellee
and
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
Oral Argument 2/6/2023

Parties' Statement of Issues

  • Appellant

    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?

  • Appellee 1

    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.


Summary

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.


Briefs

Filing Date Description
12/14/2022 APPELLANT BRIEF View
01/13/2023 APPELLEE BRIEF View
01/27/2023 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Jordan Lee Selinger - 08454
APPELLANT PRIVATE PRACTICE Thomas F. Murtha - 06984

(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
8 12/14/2022 APPELLANT BRIEF 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
12 01/13/2023 APPELLEE BRIEF View
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
16 01/27/2023 REPLY BRIEF 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