Brixey v. Hoffman

611 P.2d 1000, 101 Idaho 215, 1980 Ida. LEXIS 559
CourtIdaho Supreme Court
DecidedFebruary 5, 1980
Docket12607
StatusPublished
Cited by2 cases

This text of 611 P.2d 1000 (Brixey v. Hoffman) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brixey v. Hoffman, 611 P.2d 1000, 101 Idaho 215, 1980 Ida. LEXIS 559 (Idaho 1980).

Opinions

BAKES, Justice.

This appeal is taken from a judgment in favor of the respondent, a minor child, against two co-conservators of the child’s estate for breach of their fiduciary duties. [216]*216The principal issue raised is whether the trial court erred in holding the appellant, one of the conservators, liable for the other conservator’s conversion of some insurance proceeds in the child’s estate. We reverse.

The respondent, Shawn Lynn Brixey, is the son of Deanna Sue Hoffman Bond and Roy D. Brixey, who were at one time married but later divorced. Following the divorce, Deanna changed the beneficiary of an insurance policy on her life from Brixey to her father, the appellant Ira J. Hoffman. However, Hoffman understood that Deanna actually intended that her son Shawn, his grandson, receive the benefits of any proceeds, and Hoffman intended to invest the proceeds for Shawn’s benefit if he were ever to receive them. Deanna later married defendant Nicholas Bond and then attempted to have the policy changed to name as equal beneficiaries her son, Shawn Brixey, and her husband, Nicholas Bond. Before the change was finally consummated, however, Deanna died in May of 1974.

At the request of Nicholas Bond, Hoffman submitted a claim on the policy. The insurer, Franklin Life Insurance Co., initially refused the claim on the ground that the premiums had not been paid. Hoffman so informed Bond, who, insisting that the premiums had been paid, then consulted J. Alfred May, an attorney. May then contacted Hoffman and asked him to bring the policy to his office, which Hoffman did. Hoffman’s only conversation with May at that time was “that J. Alfred and I [Hoffman] were in total agreement that whatever we could do for Shawn Brixey, we both wanted to do.” Hoffman understood that May was representing both him and Bond in these matters.

The insurer later agreed to pay the claim. In a letter dated June 18, 1974, the insurer also agreed to acknowledge the attempted change of beneficiary and to make the payment with a settlement check payable jointly to Bond, Hoffman and “Shawn’s court appointed guardian,” provided those three parties were agreeable to that manner of payment.

In September of 1974 Hoffman and Bond filed a petition in the magistrate division seeking appointment as co-conservators of Shawn’s estate. In the same petition, Patricia Hensley, Shawn’s aunt, sought appointment as guardian of his person. On October 2, 1974, the magistrate entered an order appointing Hoffman and Bond as co-conservators and Hensley as guardian of the person. That same day letters of conservatorship issued stating, “Ira J. Hoffman and Nicholas Bond are hereby appointed as co-conservators of the estate of Shawn Lynn Brixey, a minor, bond to be furnished upon receipt of funds.” The appointments were accepted by Hoffman and Bond on October 9, 1974.

In February of 1975 the insurance company paid the claim, a sum of $11,150.00, by a joint check payable to “Ira J. Hoffman and Nicholas Bond, individually, and Ira J. Hoffman and Nicholas Bond, co-conservators of the estate of Shawn Lynn Brixey, a minor.” At May’s office on March 12,1975, Hoffman endorsed the check with the understanding that the funds would be placed in May’s trust account until the court determined how the proceeds would be distributed. The funds were in fact placed in the attorney’s trust account. Hoffman, as the beneficiary named in the policy, also signed a document releasing his interest in the insurance proceeds. At the same time, Hoffman apparently signed a petition in which he recognized the change of beneficiaries to Bond and the child and stated that he claimed no interest in the proceeds. In the petition Hoffman also waived his presence at any hearing by the court on the distribution of the proceeds and stated that he “accepts and will rely upon the judgment of the district court in approving the distribution of said life insurance funds.” The petition was filed with the magistrate on March 14, 1975.

Hoffman never obtained a bond. According to his testimony he believed that one was not necessary since he never actually had possession of the funds and trusted that his attorney would have told him if one was in fact required. Hoffman also did not take any steps to assure that Bond had obtained a bond.

[217]*217Based on a petition by Bond, the magistrate found that the child and Bond were co-beneficiaries under the policy and that Hoffman had relinquished any rights he may have had to the insurance proceeds. The magistrate therefore ordered on March 17, 1975, that the proceeds “be divided equally between Nicholas P. Bond and Shawn Lynn Brixey [and that] Nicholas P. Bond receive the proceeds payable to Shawn Lynn Brixey as conservator and shall conserve and maintain the amount as required by law.” Bond obtained possession of the funds from the attorney, May, and apparently later converted the child’s share and is now bankrupt. Like Hoffman, Bond never posted a bond. Hoffman apparently first learned that things had gone awry from May, who informed him that the proceeds had been paid to Bond pursuant to the court’s instructions and that Bond had absconded with the proceeds. May’s office made some attempts to locate Bond and eventually learned of his bankruptcy.

In November of 1975, the child’s guardian, Hensley, and the child’s natural father, Roy Brixey, obtained an order from the magistrate directing Bond and Hoffman to provide proof that they had posted bonds and to account for the insurance proceeds. Hoffman and Bond failed to comply with the order and in March of 1976 the magistrate ordered Bond and Hoffman removed as co-conservators and ordered Hoffman and Bond to deliver the child’s share of the proceeds, $5,575.00, to Brixey. May’s firm later withdrew as counsel for Bond because of “lack of cooperation,” stating that they were unable to locate him. Hensley also resigned as guardian and was replaced by Brixey.

In April of 1976, Shawn Lynn Brixey, by his next friend, his natural father Roy Brixey, sued Bond and Hoffman, alleging their failure to carry out their fiduciary obligations and seeking a judgment of $5,575.00 plus interest, punitive damages, and attorney fees. Bond failed to answer after being served with process and a default judgment was entered against him. Following a court trial consisting of a stipulation and the testimony of Hoffman, the district court found that Hoffman had failed to carry out his fiduciary duties in several respects. The court entered a judgment jointly and severally against Hoffman and Bond for $5,575.00 plus interest, costs and $800 attorney fees, and awarded $5,000 in punitive damages against Bond. Hoffman brought this appeal from that judgment.

The Idaho version of the Uniform Probate Code states the duty of a conservator as follows:

“15-5-417. General duty of conservator. — In the exercise of his powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees as described by section 15 — 7— 302 of this code.”
“15-7-302. Trustee’s standard of care and performance. — Except as otherwise provided by the terms of the trust, the trustee shall observe the standards in dealing with the trust assets that would be observed by a prudent man dealing with the property of another, and if the trustee has special skills or is named trustee on the basis of representations of special skills or expertise, he is under a duty to use those skills.”

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Related

Taylor v. Maile
127 P.3d 156 (Idaho Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
611 P.2d 1000, 101 Idaho 215, 1980 Ida. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brixey-v-hoffman-idaho-1980.