Inderjit Kaur Puri v. Shakti Parwha Kaur Khalsa

2013 NMCA 104, 5 N.M. 103
CourtNew Mexico Court of Appeals
DecidedAugust 19, 2013
Docket34,325; Docket 31,178
StatusPublished
Cited by3 cases

This text of 2013 NMCA 104 (Inderjit Kaur Puri v. Shakti Parwha Kaur Khalsa) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Inderjit Kaur Puri v. Shakti Parwha Kaur Khalsa, 2013 NMCA 104, 5 N.M. 103 (N.M. Ct. App. 2013).

Opinion

OPINION

FRY, Judge.

{1} This case requires us to interpret NMSA 1978, Section 45-3-108(A)(4) (2011), which provides an exception to the Probate Code’s three-year time limit for opening a formal testacy or appointment proceeding under certain circumstances. Under this exception, a personal representative appointed more than three years after the decedent’s death has the right to possess estate assets only to the extent necessary to confirm title in those assets, and no claims, other than for administrative expenses, may be asserted against the estate. The district court permitted the initiation of a formal testacy proceeding but restricted the personal representative’s investigation of the estate’s assets to those assets that had not previously been transferred to the decedent’s trust. We conclude that these restrictions were the result of an improper interpretation of the applicable statute and reverse.

I. BACKGROUND

{2} Inderjit Kaur Puri (Wife), the wife of the decedent Harbhajan Singh Khalsa Yogiji (Decedent), filed a petition seeking the formal probate of her husband’s will and appointment of a personal representative over four years after Decedent’s death. No appointment or probate proceeding had been filed in connection with Decedent’s estate between Decedent’s death and the date of Wife’s petition. The petition stated that it was brought pursuant to Section 45-3-108(A)(4) “for the limited purpose of confirming title to the assets of the estate in the successors to the estate.”

{3} Section 45-3-108(A) prohibits the initiation of a formal testacy or appointment proceeding more than three years after a decedent’s death unless certain exceptions apply. In this case, Wife sought to take advantage of Subsection (4)’s exception, which permits a late filing of a proceeding but prohibits the assertion of claims against the estate other than claims for administrative expenses. The exception also restricts the personal representative’s right to possess estate assets. The exception provides:

A. No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator’s domicile or appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent’s death, except:
(4) an informal appointment in an intestate proceeding or a formal testacy or appointment proceeding may. be commenced thereafter if no proceeding^ concerning the succession or estate administration has occurred within the three-year period after the decedent’s death, but the personal representative has no right to possess estate assets as provided in [NMSA 1978,] Section 45-3-709 [(1975)] beyond that necessary to confirm title thereto in the successors to the estate and claims other than expenses of administration may not be presented against the estate[.]'

Section 45-3-108(A)(4). In this Opinion, we refer to this exception as Subsection (4).

{4} Decedent’s will, which was attached to Wife’s petition, contained three specific devises of certain of Decedent’s personal property to persons other than Wife and a provision requiring the residue of Decedent’s estate to be transferred to a trust. The will recited that Decedent and Wife had “mutually agreed upon a plan of disposition of [their] assets which is set forth in this [w]ill and the [t]rust described above.” The will also nominated Shakti Parwha Kaur Khalsa, a devisee under the will, as executor.

{5} Ms. Khalsa filed objections to Wife’s petition, stating that to the best of her knowledge, “there are no assets in the estate the title to which can be confirmed” because all assets had been transferred to the trust and were to be administered by way of the trust. Ms. Khalsa further objected on the ground that Wife’s petition did not fall within the exception to the three-year limitation period permitted by Subsection (4).

{6} The district court held several hearings on Wife’s petition and Ms. Khalsa’s objections. At the hearings, the parties informed the court about a separate proceeding that could impact the proceedings in the present case. The separate proceeding . was a declaratory judgment action that Ms. Khalsa and the other trustees of Decedent’s trust had initiated against Wife before Judge James Hall to determine the validity of claims Wife was asserting against the trustees. In that case, which we refer to as the trust litigation, Wife filed counterclaims seeking an accounting and alleging that the trustees had breached their fiduciary duties.

{7} At the hearings in the present case, Ms. Khalsa urged the court to deny Wife’s petition for appointment of a personal representative because the circumstances did not satisfy the limitations exception in Subsection (4). Ms. Khalsa claimed that there was no asset in the estate to which title could be confirmed due to the transfer of assets into the trust upon Decedent’s death. In response, Wife argued that because there had never been a personal representative appointed, there had neverbeen a determination of what assets belonged to Decedent at the time of his death in the form of either his separate property or his half of the community property and, as a result, it was unclear whether Decedent had improperly disposed of any portion of Wife’s half of the community property. W ife maintained that all assets were initially controlled by Decedent’s will and that the residual assets should not have been transferred to the trust until all assets had first been identified. The problem, according to Wife, was that a personal representative had never been appointed, and an inventory of assets had never occurred. Consequently, Wife urged the district court to appoint an independent personal representative to investigate what assets existed when Decedent died in order to determine what assets belonged to Decedent and which belonged to Wife.

{8} The district court formally probated Decedent’s will and appointed Christopher Cullen as personal representative in a supervised administration. Cullen’s appointment was subject to two prior orders entered by the district court. The first order stated that the personal representative was to determine “whether any assets were owned by [Decedent] and [Wife] on [the date of Decedent’s death] other than those previously identified and distributed by the trustees” of the trust and, “if any such assets exist, to confirm title to those assets in the successors to [Decedent’s estate].” Wife objected to this provision in the order because, in her view, the trust may have disposed of assets inappropriately, and the personal representative should be charged with determining what assets and interests existed at the time of Decedent’s death, as opposed to what assets were left after distribution by the trustees.

{9} The second order was more specific.

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Cite This Page — Counsel Stack

Bluebook (online)
2013 NMCA 104, 5 N.M. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inderjit-kaur-puri-v-shakti-parwha-kaur-khalsa-nmctapp-2013.