In Re the Marriage of Beadle

1998 MT 225, 968 P.2d 698, 291 Mont. 1, 55 State Rptr. 943, 1998 Mont. LEXIS 207
CourtMontana Supreme Court
DecidedSeptember 9, 1998
Docket97-409
StatusPublished
Cited by64 cases

This text of 1998 MT 225 (In Re the Marriage of Beadle) 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 Marriage of Beadle, 1998 MT 225, 968 P.2d 698, 291 Mont. 1, 55 State Rptr. 943, 1998 Mont. LEXIS 207 (Mo. 1998).

Opinions

JUSTICE LEAPHART

delivered the Opinion of the Court.

¶ 1 Appellant Andy George Beadle (Andy) appeals from the findings of fact, conclusions of law, and decree of dissolution entered by the Seventeenth Judicial District Court, Phillips County, awarding Re[3]*3spondent Linda Beadle (Linda) $1,000 per month in maintenance. Linda cross-appeals from the District Court’s order excluding Andy’s trust interest from the marital estate. We affirm.

¶2 We review the following issues:

¶3 1. Did the District Court err in considering $1,000 per month income earned by Andy as trustee of his parents’ trusts?

¶4 2. Did the District Court abuse its discretion in awarding Linda maintenance of $1,000 per month?

¶5 3. Did the District Court err in excluding Andy’s trust interest from the marital estate?

Factual and Procedural Background

¶6 Linda and Andy were married in 1965 and separated in April of 1995. The couple has two adult children and one minor child, Kayla, currently fifteen years old. Throughout their marriage, Linda and Andy resided in Saco, Montana, where they owned a home and business, Jake’s Bar.

¶7 In 1989, Andy’s parents, John G. Beadle (John) and Bernadene H. Beadle (Bernadene), established identical, revocable living trusts as part of their estate plan. John passed away in 1990. Pursuant to the couple’s estate plan, the first $600,000 of John’s estate was allocated to a tax-sheltered unified credit trust. Bernadene was the sole lifetime beneficiary of the trust and had the power to appoint by will the remainder of the trust among the couple’s descendants. The trust provided that if Bernadene did not exercise the power to appoint, the trust would be distributed among each of John and Bernadene’s five children, including Andy, upon her death. Andy and his brother, G. Brien Beadle, were appointed co-trustees of the John G. Beadle Revocable Trust. From 1990 to 1996, Andy and Brien each received $1,000 per month for their services as co-trustees.

¶8 In August of 1995, Linda petitioned to dissolve her marriage to Andy. Subsequently, she moved the District Court to compel discovery regarding the assets contained in the John G. Beadle Revocable Trust. Following an evidentiary hearing, the District Court held that the trust is a “vested remainder, subject to divesture” acquired by Andy during his marriage and, thus, part of the marital estate. The court granted Linda’s motion to compel.

¶9 Linda subpoenaed Bernadene to provide information about her estate plan and the value of the John G. Beadle Revocable Trust. Bernadene moved to quash the subpoena. Bernadene presented the District Court with proof that she had executed a codicil to her will ex[4]*4ercising her power of appointment to exclude Andy from receiving any trust proceeds. In an order filed December 4, 1996, the District Court quashed the subpoena and overruled its prior order compelling discovery of the trust assets. The court held that “by reason of the divesture taking place, Andy no longer has any vested remainder interest in the John G. Beadle Revocable Trust. Unless the remainder interest is vested, it cannot be included in the marital estate. [Citation omitted.]” Despite this holding, Linda again subpoenaed Bernadene to testify concerning her assets and estate plans. The District Court refused to quash the subpoena, holding that Linda should be able to question Bernadene about whether she intended to disinherit Andy permanently.

¶10 The matter went to trial on February 20,1997. Linda was 49 years old at the time of trial and had not received her high school degree or GED. During the marriage she was the primary caretaker of the household and children in addition to working approximately 40 hours per week at Jake’s Bar, beginning sometime in the late 1970s. Since the couple’s separation, Linda has worked about 70-80 hours per week at Jake’s Bar, earning an annual gross income of about $16,000. At the time of trial, she was receiving $700 per month from Andy in temporary child support and maintenance. She testified that her monthly expenses were about $3,000 per month.

¶11 Andy testified that he worked for the Williston Basin Interstate Pipeline Company as a compressor operator grossing approximately $28,000 per year. He had accumulated a 401k pension plan worth approximately $25,000. Bernadene testified at trial that she had exercised her power of appointment to disinherit Andy and that she desired him to relinquish his duties as trustee. Even though at the time of trial in February 1997 Andy testified that he had not received the $1,000 per month fee for performing his trustee duties in 1997, under the terms of the trust, Andy received the use of a 1994 truck and unlimited gasoline. By sworn affidavit Andy reported his gross income in 1996 was $49,616. He estimated his monthly expenses to be about $1,500 per month.

¶12 Following trial, the District Court entered its findings of fact, conclusions of law, and decree of dissolution. The court found that the couple’s home and Jake’s Bar represent the bulk of the marital estate and awarded both to Linda. The court awarded Andy his pension fund and various personal property. The District Court found that Linda nets approximately $1,100 per month. The court found that Andy’s [5]*5net income was $3,600 per month including $1,000 per month for trustee fees. The court determined that Andy had “sufficient income to meet his needs and provide for the needs of his Wife” and awarded Linda $1,000 per month maintenance for four years.

¶13 On March 5,1997, Andy filed a motion to alter or amend judgment, arguing that the court erred in finding that his net income was $3,600 per month. He also argued that because he would likely be forced out of his position as co-trustee, the court should not consider the $1,000 per month trustee fee. Linda opposed the motion, stating that the evidence at trial supported the judgment. Andy then filed a reply, stating that he had resigned from the trust, attaching a document entitled “Resignation As Trustee.” Linda filed a motion to strike, arguing that the court could not consider new evidence in considering a motion to alter or amend under Rules 59(g) and 60(b), M.R.Civ.P.

¶14 The District Court granted Linda’s motion to strike and proceeded to rule on Andy’s motion without considering the “Resignation As Trustee” document. The court denied Andy’s motion and upheld its earlier findings and conclusions noting that because Andy had failed to provide the court with his most recent tax returns, it could only estimate his income based on the information it had before it.

¶15 Andy appeals from the District Court’s findings and conclusions, arguing that the court erred in awarding Linda $1,000 maintenance per month. He also argues that the court erred in imputing to him $1,000 per month trustee income because he has resigned as trustee. Linda cross-appeals, arguing that the District Court erred in not including Andy’s interest in the John G. Beadle Revocable Trust as part of the marital estate. In April 1998, during the pendency of this appeal, Bernadene passed away having exercised her power of appointment to exclude Andy from receiving any share of the trust corpus.

Discussion

¶16 1. Did the District Court err in considering $1,000 per month income earned by Andy as trustee of his parents’ trusts?

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Cite This Page — Counsel Stack

Bluebook (online)
1998 MT 225, 968 P.2d 698, 291 Mont. 1, 55 State Rptr. 943, 1998 Mont. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-beadle-mont-1998.