Estate of Jones

970 N.W.2d 520, 2022 S.D. 9
CourtSouth Dakota Supreme Court
DecidedFebruary 9, 2022
Docket29604
StatusPublished
Cited by1 cases

This text of 970 N.W.2d 520 (Estate of Jones) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Jones, 970 N.W.2d 520, 2022 S.D. 9 (S.D. 2022).

Opinion

#29604-r-SRJ 2022 S.D. 9

IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA

****

IN THE MATTER OF THE ESTATE OF DALE D. JONES, Deceased.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT CODINGTON COUNTY, SOUTH DAKOTA

THE HONORABLE CARMEN MEANS Judge

DILLON P. MARTINEZ SEAMUS W. CULHANE of Turbak Law Office Watertown, South Dakota Attorneys for petitioners and appellants Doug Jones and Jessica Jones.

JOEL RISCHE JUSTIN T. CLARKE MATTHEW W. VAN HEUVELEN of Davenport, Evans, Hurwitz & Smith, LLP Sioux Falls, South Dakota Attorneys for respondent and appellee Lisa Jones.

CONSIDERED ON BRIEFS NOVEMBER 8, 2021 OPINION FILED 02/09/22 #29604

JENSEN, Chief Justice

[¶1.] Dale Dean Jones died intestate. The circuit court appointed Dale’s

wife, Lisa Jones, as his estate’s personal representative. Dale’s adult children,

Douglas (Doug) and Jessica Jones, subsequently petitioned for the appointment of a

special administrator to pursue a wrongful death claim for Dale’s estate. They also

served discovery requests on Lisa seeking information pertaining to their petition.

Lisa refused to answer the discovery and filed a motion for a protective order. Doug

and Jessica filed a motion to compel. Following a hearing noticed for the discovery

motions, the court denied the petition for special administrator and determined the

discovery issues were moot. This Court granted Doug and Jessica’s petition for

intermediate appeal. Doug and Jessica argue that the petition for special

administrator was not properly noticed for hearing and the circuit court abused its

discretion by failing to address the discovery motions before deciding the petition for

special administrator. We reverse the circuit court’s order on the latter issue and

remand for further proceedings.

Facts and Procedural History

[¶2.] Dale died on January 4, 2020, after a car struck him on the side of a

road while he was working as a tow truck operator. Lisa and Dale had been

married for approximately 17 years at the time of Dale’s death, but Doug and

Jessica claim the couple had long since separated and had, in fact, lived apart for

approximately five years. Doug and Jessica are Dale’s children from a prior

relationship.

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[¶3.] Doug and Jessica petitioned for formal probate and appointment as co-

personal representatives of Dale’s estate (Estate) on January 9, 2020. On January

23, 2020, Lisa filed a petition for formal probate and appointment as personal

representative. Following a hearing, the court entered an order for formal probate,

determining that Dale had died intestate. The court also appointed Lisa as

personal representative based upon her statutory priority for appointment as the

surviving spouse under SDCL 29A-3-203(a).

[¶4.] On October 28, 2020, Doug and Jessica filed a petition with the circuit

court for the appointment of a special administrator (Petition) claiming Lisa was

unable to manage the wrongful death claim for the Estate and that an independent

special administrator was necessary to protect the interests of all beneficiaries. A

hearing was noticed by Doug and Jessica and scheduled for the Petition on

November 24, 2020. Lisa filed an objection to the Petition. The hearing was

cancelled after one of the participants contracted COVID-19 and was never

rescheduled.

[¶5.] On November 5, 2020, Doug and Jessica served interrogatories and

requests for production of documents on Lisa. The discovery requests sought

information about Lisa’s relationship with Dale, her personal finances, her tax

returns and loan applications for the last ten years, documents relating to her

personal accounts, and information about any governmental assistance received by

Lisa in the last ten years. The requests also sought information about any benefits,

including workers’ compensation benefits, that Lisa had received, or anticipated

receiving, as a result of Dale’s death, an inventory of all of the probate and non-

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probate assets, and a statement of the Estate’s debts. Doug and Jessica also

requested a date to take Lisa’s deposition. Lisa objected to the discovery requests,

and the parties attempted to informally resolve the discovery dispute without

success.

[¶6.] On December 7, 2020, Lisa filed a motion for a protective order. Lisa

asked the circuit court to enter an order that no discovery be had on the

interrogatories and requests for production of documents served by Doug and

Jessica. Lisa served a notice of hearing on her motion for protective order for

February 11, 2021. She argued that a protective order was appropriate because

Doug and Jessica were not entitled to conduct discovery in the probate proceedings

and the requests were beyond the scope of discovery.

[¶7.] On January 27, 2021, Doug and Jessica filed a motion to compel. They

also noticed a hearing on their motion for February 11, the date already scheduled

to hear Lisa’s motion for a protective order. Doug and Jessica argued that the

circuit court could not adequately consider the Petition without a factual record

developed following discovery. They claimed that Lisa was not fit to handle the

wrongful death claim on behalf of the Estate based on her financial instability and

poor relationship with Doug and Jessica. Additionally, they argued that Lisa has a

conflict of interest because Lisa has every incentive to enhance the recovery of

workers’ compensation benefits as Dale’s surviving spouse, but little interest in

prosecuting the wrongful death claim because of her minimal, if any, pecuniary loss

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from Dale’s death due to the estrangement between Dale and Lisa. 1 They argued

that the workers’ compensation lien statutes create a tension between Lisa and

themselves, as Lisa’s workers’ compensation benefits may be reduced by any “like

damages” Doug and Jessica recover from the third-party tortfeasor and that Doug

and Jessica’s potential recovery in the wrongful death claim may be reduced by the

workers’ compensation benefits paid to Lisa. 2 They further contended that their

discovery requests were well within the scope of discovery as they were relevant to

the conflict issues, apportionment of potential wrongful death proceeds, and Lisa’s

handling of the Estate, all of which directly implicated the Petition and other issues

as the probate moves forward.

1. SDCL 62-4-12.1 provides that workers’ compensation benefits for an injury to the employee resulting in death shall be paid to the surviving spouse provided that the employee’s children are over the age of eighteen, or age twenty-two, if the child is a full-time student, or not physically or mentally incapable of self-support. Although not developed in the record, it appears from the parties’ briefs that Doug and Jessica are adults and would be ineligible to recover any benefits under SDCL 62-4-12.1.

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Related

Matter of Implicated Individual
989 N.W.2d 517 (South Dakota Supreme Court, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
970 N.W.2d 520, 2022 S.D. 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-jones-sd-2022.