In Re Estate of Mealey

695 N.W.2d 143, 2005 Minn. App. LEXIS 438, 2005 WL 949178
CourtCourt of Appeals of Minnesota
DecidedApril 26, 2005
DocketA04-1498
StatusPublished
Cited by1 cases

This text of 695 N.W.2d 143 (In Re Estate of Mealey) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Mealey, 695 N.W.2d 143, 2005 Minn. App. LEXIS 438, 2005 WL 949178 (Mich. Ct. App. 2005).

Opinion

OPINION

MINGE, Judge.

Appellant challenges the district court’s order accepting the final account in the probate of his daughter’s estate. Because appellant has no financial rights affected by the final account that accord him standing to appeal, we affirm.

FACTS

Linda Jeanne Mealey died testate on November 5, 2002, in Sherburne County. She is survived by her spouse, James W. Davis, and her parents, George and June Mealey. On January 30, 2003, her will was admitted to probate and Carol M. Wofsey, *145 the personal representative designated in the will, was appointed to ■ that position.

Other than tangible goods, the will directs that the decedent’s estate be distributed to seven beneficiaries. Devises of the lesser of 8% of the estate or $10,000 each are left to Robin Fall and John Veale, two of the decedent’s friends. Decedent left Davis, her husband, the elective, spousal share under Minnesota law. 1 Davis was given the right to choose which assets of the estate he wished to take to satisfy the bequest. The remaining portion of the estate was divided among four institutions: Cornell University — 50%, the Ocean Conservancy — 25%, Save-the-Redwoods League — 12 1/2%, and Bat Conservation International — 12 1/2%.

As a part of his share, Davis chose to take an Australian home owned by decedent. The personal representative valued the home as of the date Davis received a receipt from the personal representative acknowledging the transfer and used the exchange rate between the United States and Australian dollar at the date of decedent’s death. The personal representative then filed a petition to allow final account, settle, and distribute the estate. This petition included a description of how the home in Australia was valued and how the exchange rate was determined.

The district court scheduled a hearing on the petition for April 15, 2004. The petition and related documents were mailed to all beneficiaries under the will and the attorney general’s office. The personal representative also sent Davis and the charities a form for consenting to the final account. All signed and returned the consent form. The Minnesota Attorney General’s Office also submitted a letter dated April 1, 2004, stating that it did not object to the petition. ■

During 2003, George Mealey, the decedent’s father and the appellant in this case, began reviewing the distribution of the decedent’s estate. Appellant calculated that Davis gained an advantage of approximately $222,000 because the personal representative used an exchange rate and a valuation date highly favorable to him and approximately $185,000 by the interpretation of a provision in the will related to the elective share. Appellant claims that he communicated to the Minnesota Attorney General’s Office his concern that these determinations by the personal representative were inappropriate and asserts that, as a result of appellant’s action, the personal representative agreed to make all the parties aware of the valuation and exchange-rate issues and to present them to the court. The only evidence of this agreement is a letter on February 27, 2004, from the attorney general’s office confirming an agreement between counsel for the personal representative and the attorney general’s office that these issues would be presented to the beneficiaries and the court.

On April 14, 2004, one day before the scheduled hearing, appellant filed a motion to appear as amicus curiae and to be appointed the personal representative. The motion included information related to the valuation of the Australian home and the nature of the bequest to Davis. At approximately the same time, beneficiaries Fall and Veale, the decedent’s friends receiving $10,000 under the will, objected on the same grounds. At the hearing, the district court considered arguments related to whether appellant should be awarded status as amicus curiae and whether Fall and Veale had standing to object to the petition. The court asked for written submissions from the parties on these issues. *146 Although one of the institutional devisees requested the court to consider appellant’s exchange-rate issue, neither Davis nor any of the institutional beneficiaries objected to the valuation of the house or the exchange rate or withdrew their consents.

The district court concluded that Fall and Veale did not have standing to object to the final accounting because their bequests had been satisfied and that they would not be affected by the controversy. The court also rejected appellant’s motions to be awarded amicus curiae status and to be appointed as special administrator. The district court accepted the final account.

ISSUE

Does appellant have standing to appeal the final accounting of his daughter’s probate estate?

ANALYSIS

The threshold question is whether appellant has standing to object to the final account of the decedent’s estate based on a claim that the administration of the estate wrongfully gave Davis too large a share and the institutional beneficiaries too small a share. “Whether a party has standing is a question of law that appellate courts review de novo.” In re Horton, 668 N.W.2d 208, 212 (Minn.App.2003). Although the question of the appellant’s standing was not considered by the district court, “[t]he question of standing cannot be waived and may be raised at anytime.” Id. “Standing is a requirement that a party has sufficient stake in a justiciable controversy to seek relief from a court.” State by Humphrey v. Philip Morris Inc., 551 N.W.2d 490, 493 (Minn.1996). Any party who is aggrieved can take an appeal of a probate matter. Minn.Stat. § 525.712 (2004). An aggrieved person is “one who has been denied some personal or property right, or upon whom has been imposed some burden or obligation by the order appealed from.” Gabel v. Ferodowill, 254 Minn. 324, 336, 95 N.W.2d 101, 110 (1959). Under the probate code an interested person

includes heirs, devisees, children, spouses, creditors, beneficiaries and any others having a property light in or claim against the estate of a decedent, ward or protected person which may be affected by the proceeding.... The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.

Minn.Stat. § 524.1-201 (2004).

Appellant does not fall within the statutory definition of an “interested party.” He has no financial stake in the accounting under the will because he is not a beneficiary. No legal or other rights of appellant are affected by how the will is administered. Appellant’s claim focuses on his desire to ensure that his daughter’s dona-tive intent is implemented. Appellant also argues that he is an aggrieved party because he was involved with an agreement between the attorney general’s office and the personal representative’s counsel to present issues related to the valuation of the house in Australia.

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Related

In re the Estate of Pawlik
845 N.W.2d 249 (Court of Appeals of Minnesota, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
695 N.W.2d 143, 2005 Minn. App. LEXIS 438, 2005 WL 949178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-mealey-minnctapp-2005.