In the Matter of the Estate of Lloyd Haack, Deceased: Howard E. Haack and Bailey N. Baxter, as Co-Personal Representatives of the Estate of Lloyd Haack v. Kristy Martinez

2026 WY 17
CourtWyoming Supreme Court
DecidedFebruary 5, 2026
DocketS-25-0097
StatusPublished

This text of 2026 WY 17 (In the Matter of the Estate of Lloyd Haack, Deceased: Howard E. Haack and Bailey N. Baxter, as Co-Personal Representatives of the Estate of Lloyd Haack v. Kristy Martinez) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of the Estate of Lloyd Haack, Deceased: Howard E. Haack and Bailey N. Baxter, as Co-Personal Representatives of the Estate of Lloyd Haack v. Kristy Martinez, 2026 WY 17 (Wyo. 2026).

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2026 WY 17

OCTOBER TERM, A.D. 2025

February 5, 2026

IN THE MATTER OF THE ESTATE OF LLOYD HAACK, deceased:

HOWARD E. HAACK and BAILEY N. BAXTER, as Co-Personal Representatives of the Estate of Lloyd Haack, deceased,

Appellants S-25-0097 (Respondents),

v.

KRISTY MARTINEZ,

Appellee (Petitioner).

W.R.A.P. 11 Certified Question from the District Court of Fremont County The Honorable Jason M. Conder, Judge

Representing Appellant: Nikki E. Horton, Horton Legal, P.C., Riverton, Wyoming; Ann E. Davey, Vincent Davey Law Firm, Columbus, Montana; Aaron J. Vincent, Vincent Davey Law Firm, Riverton, Wyoming. Argument by Ms. Horton.

Representing Appellee: Paul K. Knight, Knight Law Offices LLC, Dubois, Wyoming. Argument by Mr. Knight.

Before BOOMGAARDEN, C.J., and GRAY, FENN, JAROSH, and HILL, JJ. NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume. Hill, Justice.

[¶1] This matter comes before the Court on certified questions from the district court in the Ninth Judicial District, Fremont County. The questions concern the filing of a petition to contest the validity of a will. This Court accepted the certified questions in accordance with Rule 11 of the Wyoming Rules of Appellate Procedure. We answer the first question in the negative. We, therefore, do not answer the second question.

CERTIFIED QUESTIONS

[¶2] We agreed to answer the following questions:

1) Must an action, contesting the validity of a will, brought under W.S. § 2- 6-301 et. seq, be filed as a completely new and separate civil action (with a different case number and case heading, entirely separate and apart from the Probate matter)?

2) If yes, is the failure to do so a jurisdictional defect?

FACTS

[¶3] When answering certified questions of law, we rely on the facts presented by the certifying court. Bankers Standard Ins. Co. v. JTEC, Inc., 2025 WY 51, ¶ 3, 567 P.3d 1183, 1186 (Wyo. 2025) (citing Miech v. Sheridan County, Wyo., 2002 WY 178, ¶ 2, 59 P.3d 143, 145 (Wyo. 2002)). The certifying court presented the following facts:

Mr. Lloyd Haack (“Decedent”) died on March 22, 2024. On April 5, 2024, Ms. Shawn Renee Logan, who is of no familial relation to the Decedent, filed a Petition for Probate and Motion to Produce Will. Ms. Logan asserted that she was the “financial advisor” of the Decedent and believed that he had a will designating her as the executor in a safety deposit box. However, no such safety deposit box or will was located. Rather, Mr. Howard Edward Haack, the Decedent’s only living son, filed the Decedent’s Last Will and Testament with the court on April 24, 2024.

Subsequently, Mr. Howard Haack and Ms. Logan filed a Joint Motion to Open Probate and to Issue Letters Testamentary. The Decedent’s purported Last Will and Testament instructed that Mr. Howard Haack serve as personal representative and further bequeathed the entirety of the Decedent’s sizeable estate to Mr. Howard Haack. On May 2, 2024, the court admitted this estate to probate issuing Letters of Testamentary and appointed Mr. Howard Haack and Ms. Bailey Baxter as Co-Personal Representatives in accordance with the Will and pursuant to W.S. § 2-11-301.

1 On May 8, 2024, Ms. Logan filed a Petition for Removal of Personal Representative and for Immediate Suspension of Personal Representative’s Powers Pending Hearing on Petition. This Petition alleged the Will was forged and sought removal of Mr. Howard Haack as Personal Representative. In response, Mr. Howard Haack sought to dismiss the Petition. After a hearing on July 12, 2024, the court dismissed Ms. Logan's Petition for lack of standing. However, the court determined that the Decedent’s granddaughter, Kristy Martinez, was an heir at law and therefore had standing to seek the removal of Mr. Haack as personal representative.

Ultimately, Ms. Martinez filed a Petition Contesting Validity of Will (“Petition Contesting Will”) pursuant to W.S. §§ 2-6-301 et. seq. She likewise filed a Demand for Jury Trial, paid the appropriate jury fee, and the Clerk of District Court issued a Summons for the Co-Personal Representatives. All of this was done and filed in the above-entitled probate matter. On July 29, 2024, the Co-Personal Representatives filed their Answer and alleged six affirmative defenses. Subsequently, the court held a scheduling conference, and on August 16, 2024, issued its Jury Trial Case Management Order — setting the jury trial on Ms. Martinez's Petition Contesting Will. After this, the parties seemingly engaged in a measure of discovery, yet ultimately the Co-Personal Representatives filed their Motion to Dismiss seeking this court's dismissal of Petition Contesting Will.

In their Motion to Dismiss, the Co-Personal Representatives asserts [sic] three arguments. First, because the Petition Contesting Will was filed within the probate docket, this court lacks subject matter jurisdiction to consider the will contest. Second, because the Petition Contesting Will did not initiate an entirely new and separate civil action, it must be dismissed. Third, because a will contest is a creature of statute, failure to strictly comply with statutes requires dismissal. In support of their arguments, the Co- Personal Representatives rely primarily on the Wyoming Supreme Court’s holdings in Matter of Estate of Meeker, 2017 WY 75, 397 P.3d 183 (Wyo. 2017) and the Matter of Estate of Rowe, 2021 WY 87, 492 P.3d 888 (Wyo. 2021).

In response, Ms. Martinez argues that the above-mentioned authority does not require an entirely new civil case and docket but permits a will contest to be filed as a separate matter within the probate matter. She further claims that she strictly complied with all applicable statutes and supports her own proposition with the holding of Gaunt v. Kansas University Endowment Ass’n of Lawrence, Kan., 379 P.2d 825 (Wyo. 1963) and Russell v. Sullivan,

2 2012 WY 20, 270 P.3d 677 (Wyo. 2012). On February 14, 2025, a hearing was held, and these issues of law were discussed.

(footnote omitted).

STANDARD OF REVIEW

[¶4] “Certified questions are governed by W.R.A.P. 11. When there is no controlling precedent to a question of law, Rule 11.01 allows this Court to answer pure questions of law ‘which may be determinative of the cause’ pending in the certifying court.” Bankers Standard Ins., ¶ 11, 567 P.3d at 1187 (quoting Sinclair Wyoming Ref. Co. v. Infrassure, Ltd., 2021 WY 65, ¶ 10, 486 P.3d 990, 994 (Wyo. 2021)). The certified questions before us in this case present an issue of statutory interpretation. Statutory interpretation is a question of law subject to de novo review. Id., ¶ 12.

DISCUSSION

[¶5] The district court is correct; the past decisions of this Court provide no clear controlling precedent to answer the questions presented. We have not specifically interpreted the will contest statutes in the context of these questions. Although our case law does not appear to fully address the questions at hand, it provides several relevant principles.

[¶6] First, we have recognized that probate proceedings were unknown under common law. In re Est. of Cheek, 2002 WY 130, ¶ 11, 53 P.3d 113, 117 (Wyo. 2002). Accordingly, will contests are a creature of statute and the rights and procedures associated with will contests are only the rights and procedures provided by statute. Gaunt v. Kansas Univ. Endowment Ass’n., 379 P.2d 825, 826 (Wyo. 1963).

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