In Re the Estate of Snyder

2009 MT 291, 217 P.3d 1027, 352 Mont. 264
CourtMontana Supreme Court
DecidedSeptember 2, 2009
DocketDA 08-0538
StatusPublished
Cited by12 cases

This text of 2009 MT 291 (In Re the Estate of Snyder) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Estate of Snyder, 2009 MT 291, 217 P.3d 1027, 352 Mont. 264 (Mo. 2009).

Opinions

JUSTICE NELSON

delivered the Opinion of the Court.

¶1 We are again presented with the will of Lucile B. Snyder, who [265]*265died November 18,1992, devising her entire estate to her two children, Neil and Lois. On November 25, 1992, the District Court admitted Lucile’s will to probate, and Neil was appointed the personal representative. Neil and Lois have disagreed from the outset as to the proper distribution of Lucile’s estate-in particular, Lucile’s shares in the family-owned drugstore (Synder’s, Inc.) in Great Falls, and 40 acres of undeveloped land in Flathead County-and over the last 16 years, they have engaged in “acrimonious” (to quote Lois) litigation in the Eighth Judicial District Court, Cascade County, concerning the construction of Lucile’s will.

¶2 In In re Estate of Snyder, 2000 MT 113, 299 Mont. 421, 2 P.3d 238 (Snyder I), we addressed the distribution of Lucile’s shares in Snyder’s, Inc. We noted Lucile’s intent to give Neil ownership or control of Snyder Drug while dividing her estate equally between him and Lois. Snyder I, ¶ 15. We thus concluded that Neil was to take Lucile’s entire interest in the store and Lois was to receive estate assets of comparable value. Snyder I, ¶¶ 16-17.

¶3 In In re Estate of Snyder, 2007 MT 146, 337 Mont. 449, 162 P.3d 87 (Snyder II), we addressed the issue of whether the property still remaining in the estate should be appraised and distributed based upon its value at Lucile’s death or its current market value. The District Court had adopted the latter approach; however, we determined that Lucile intended to have the estate distributed pursuant to its value at her death, and we accordingly reversed the District Court on this issue. Snyder II, ¶¶ 35-37. We also reversed the court’s order compelling Lois to quitclaim her interest in the Flathead County property back to Lucile’s estate. Snyder II, ¶¶ 41-42. The District Court had reasoned that Lois’s successful appeal in Snyder I “upset the entire scheme of distribution” adopted by the court in January 1998 and that the court needed “the flexibility to order distribution of [the Flathead County] property... by partition, in kind distribution[,] or sale and distribution of proceeds” in order to probate the estate pursuant to Snyder I. See Snyder II, ¶ 17; see also Snyder I, ¶ 7. The District Court had also opined that ti]t is highly unlikely that Lois will receive the exact interest in the Flathead property that presently stands in her name.” See Snyder II, ¶ 17. But we concluded that under the circumstances, including the fact that Lois was unlikely to receive less than one half of Lucile’s estate, the District Court’s approach simply added an unnecessary step in the court’s resolution of the estate. Snyder II, ¶ 41.

¶4 On remand, the District Court conducted an evidentiary hearing [266]*266on all outstanding issues in the case and thereafter entered findings of fact and conclusions of law. The court determined as follows. First, the date-of-death value of the Snyder’s, Inc. shares (which were distributed to Neil in accordance with Snyder I) is $187,440.00. Neil has deposited $187,440.00 in an escrow account with the Cascade County Clerk of Court. ‘TP]ayment with assets outside of the Estate in order to balance distribution is not inconsistent with Lucile’s intent to provide equally for her children.” Thus, the parties are on “an equal footing or starting point for distribution of the residuary estate.” Second, the date-of-death value of the Flathead County property was $160,000.00, but its present value is “at least”$5 million. To distribute the Flathead County property entirely to Lois “would create a significant inequity which Lucile expressed several times she desired to avoid.” Because Lucile intended to have her estate distributed pursuant to its value at her death, Snyder II precludes the application of §72-3-902(2)(b), MCA (any homestead or family allowance or devise of a stated sum of money may be satisfied in kind, provided that the property distributed in kind is valued at fair market value as of the date of its distribution, “[ujnless a contrary intention is indicated by the will”). However, “this does not preclude a distribution of the Flathead County property to both parties as tenants in common.” Thus, Lucile’s desire to have her estate distributed equally between Lois and Neil “requires that both Lois and Neil take equally the Flathead County property and that same be held jointly by Lois and Neil, as tenants in common.” Lastly, the remainder of the residuary estate, consisting primarily of financial accounts, may be divided equally between Lois and Neil.

¶5 The District Court accordingly ordered that Neil pay Lois $187,440.00 and that the Flathead County property be held “equally” by Lois and Neil “as tenants in common.” The court further ordered Neil and Lois to execute any deeds necessary to comply with its order. The court subsequently issued a Nunc Pro Tunc Order correcting the amount of Neil’s payment to Lois for the Snyder’s, Inc. shares to $187,488.00. Lois now appeals, arguing that the District Court’s order violates the terms of Lucile’s will and the law of the case established in Snyder I and Snyder II. Lois also challenges the District Court’s observation that the Flathead County property is worth “at least” $5 million.

¶6 The law-of-the-case doctrine is based on policies of judicial economy and finality of judgments. Under this doctrine, a prior decision of this Court resolving an issue between the same parties is [267]*267binding and may not be relitigated. Muri v. Frank, 2003 MT 316, ¶ 11, 318 Mont. 269, 80 P.3d 77. Lois argues that the District Court was required to follow the law as stated in Snyder I and Snyder II, and Neil presents no argument to the contrary (i.e., that the law-of-the-case doctrine does not apply to the District Court’s decision now under review, or that an exception to the doctrine should apply).

¶7 As noted, this Court held in Snyder I that Neil was to take Lucile’s entire interest in Snyder Drug and Lois was to receive estate assets of comparable value. Snyder I, ¶¶ 16-17; accord Snyder II, ¶ 10. Clearly, a cash payment by Neil of $187,488.00 (the date-of-death value of the Snyder’s, Inc. stock) does not constitute an “estate asset.” Furthermore, this Court held in Snyder II that the property in Lucile’s estate is to be appraised and distributed based upon its value at her death. Thus, the question of whether distributing the Flathead County property entirely to Lois would create “a significant inequity” because it is now worth substantially more than it was worth 16 years ago when Lucile died is not a proper consideration here. For that matter, it must be acknowledged that the supposed inequity exists not by virtue of the terms of Lucile’s will itself, but because the values of her assets have changed while the two beneficiaries, Neil and Lois, have persisted in protracted and acrimonious litigation for the last 16 years over who is entitled to which asset. Had the estate simply been distributed in a timely manner, see §72-3-1015, MCA (an estate should generally be closed within two years from the date of appointment of the personal representative), and at date-of-death values, see §72-3-607(1), MCA (requiring the decedent’s property to be valued “as of the date of the decedent’s death”), no such ‘inequity” would exist. That, however, is water over the dam.

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Cite This Page — Counsel Stack

Bluebook (online)
2009 MT 291, 217 P.3d 1027, 352 Mont. 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-snyder-mont-2009.