Eagon v. McKeown

2017 ND 243, 902 N.W.2d 751, 2017 WL 4638691, 2017 N.D. LEXIS 257
CourtNorth Dakota Supreme Court
DecidedOctober 17, 2017
Docket20170075
StatusPublished
Cited by3 cases

This text of 2017 ND 243 (Eagon v. McKeown) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eagon v. McKeown, 2017 ND 243, 902 N.W.2d 751, 2017 WL 4638691, 2017 N.D. LEXIS 257 (N.D. 2017).

Opinion

VandeWalle, Chief Justice.

[¶ 1] Elda McKeown. appealed from a judgment ordering the distribution of Margie Eagon’s estate'. -to McKeown and her nine siblings. Because the district court did not err in interpreting the - will or the probate code, its findings regarding the use of life insurance proceeds are not clearly erroneous, and it did not abuse its discretion in awarding attorney fees, we affirm,

I

[¶ 2] Margie Eagon died in 2011 and one of ,her ten children, Ronald, Eagon, was appointed personal representative of her estate, which was valued,at more than $6 million. Elda McKeown, a daughter, received $2 million in a joint bank account she held with her mother, and under her mother’s will would receive more than one-half of the estate. The other nine siblings would share the remainder of the estate. When the personal representative sought to close the estate, several of Margie Ea-gon’s children objected to the proposed distribution. They argued the proposed distribution would reduce their inheritances but leave the inheritances of McKeown and Ronald Eagon intact.'

[¶ 3] Following a trial, the district court determined that under the terms of the will the federal estate tax liability of $403,956 should be apportioned among all persons interested in the estate under N.D.C.C. § 30.1-20-16(2) (U.P.C. § 3-916) rather than abated under N.D.C.C. § 30.1-20-02 (U.P.C. § 3-902)..The court found the proceeds of two $100,000 life insurance policies naming McKeown and Ronald Ea-gon as the beneficiaries should be used to reduce the estate tax liability. The court also awarded the parties who objected to the proposed distribution of the estate their reasonable costs and attorney fees in the amount of $23,549.26.

II

[¶ 4] McKeown argues- the district court erred in apportioning the federal estate taxes under N.D.C.C. § 30.1-20-16(2) (U.P.C. § 3-916) rather than abating the estate taxes under N.D.C.C. § 30.1-20-02 (U.P.C. § 3-902), because Margie Eagon’s will contained a directive for a method of apportionment different than the method provided by the apportionment statute.

[¶ 5] “The purpose in construing a will is to ascertain the testator’s intent as it appears from a full and complete consideration of the will when read in light of the surrounding circumstances.” Estate of Johnson, 501 N.W.2d 342, 345 (N.D. 1993). If a will provision is unambiguous, the construction of a will is a question of law fully reviewable on appeal. See id.; Estate of Klein, 434 N.W.2d 560, 561 (N.D. 1989). “Statutes are interpreted as a whole and are harmonized to give meaning to related provisions.” Estate of Johnson, 2015 ND 110, ¶ 12, 863 N.W.2d 215; see also N.D.C.C. § 1-02-07. “Statutory interpretation is a question of law, fully reviewable on appeal.” Johnson, at ¶ 12.

[¶ 6] Section 30.1-20-16(2), N.D.C.C. (U.P.C. § 3-916), generally provides for apportioning federal estate taxes and other estate taxes between beneficiaries of an estate:

Unless the will otherwise provides, the tax shall be apportioned among all persons interested in the estate. The apportionment is to be made in the proportion that the value of the interest of each person interested in the estate bears to the total value of the interests of all persons interested in the-estate/The values used in determining the tax are to be used for that purpose. If the decedent’s will directs a method of apportionment- of tax different from the method described in this title, the method described in the will controls.

McKeown argues Margie Eagon’s will “otherwise provides” for a different method of apportionment because a boilerplate provision of the will states: “I direct my personal representative to pay all just debts and claims against my ektate, including but not limited to costs of last illness, funeral expenses, federal and state taxes, and costs of administration, from the assets of my estate.” (Emphasis added).

[¶ 7] In Bushee v. Bushee, 303 N.W.2d 320, 321-22 (N.D. 1981), this Court considered whether a will directing payment of “all of my .... taxes” was sufficient to render the estate tax apportionment statute inapplicable:

Section 30.1-20-16, N.D.C.C., provides a method of apportioning estate tax by which every part of the estate contributing to the creation of the tax liability bears its fair share of the tax burden. Upon construing a will, this Court will not lightly infer an intent by the testator to exonerate certain estate property from its fair share of the estate tax burden. The estate taxes will be paid according to the apportionment statute unless the decedent’s will directs in clear and unambiguous language a method of apportionment different from that provided by the statute. See, In Re Estate of Benton, 191 Neb. 324, 215 N.W.2d 86 (1974); In Re Estate of Hilliar, 498 P.2d 1237 (Wyo. 1972); In Re Estate of Erieg, 439 Pa. 550, 267 A.2d 841 (1970); See also, annot., 70 A.L.R.3d 630, § 3(c) (1976).
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There is no express reference in the will to “estate taxes” nor is there an express direction against the apportionment of estate taxes. We conclude that the will does not clearly and unambiguously direct a method of apportionment of estate taxes different from the method provided by statute. Accordingly, we hold that the district court did not err in its determination that the provisions of the apportionment statute, Section 30.1-20-16, N.D.C.C., are applicable for the payment of estate taxes of the decedent’s estate.

[¶ 8] In McGuire v. Gaffney, 314 N.W.2d 851, 854 (N.D. 1982), this Court considered whether the following will provision made the estate tax apportionment statute inapplicable:

“I specifically direct that all taxes, including state inheritance taxes and federal estate taxes, which may be chargeable against my estate or against the gifts, devises and bequests and interests under this Will shall be paid out of the general assets of the Trust Estate.” [Emphasis added.]

This Court concluded Bushee was distinguishable because “McGuire’s wall clearly and unambiguously expresses her intent that estate taxes are to be paid in a manner different from that in the statute.” Id,

[¶ 9] Examination of case law from other jurisdictions is unnecessary to resolve the issue in this case. Margie Eagon’s boilerplate will provision directing payment of “federal and state taxes” from estate assets is substantively identical to the will provision in Bushee. It does not clearly and unambiguously direct a method of apportionment of estate taxes different from the method provided by statute.

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Cite This Page — Counsel Stack

Bluebook (online)
2017 ND 243, 902 N.W.2d 751, 2017 WL 4638691, 2017 N.D. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eagon-v-mckeown-nd-2017.