Kunzler v. First Interstate Bank

699 P.2d 1388, 108 Idaho 374, 1985 Ida. LEXIS 466
CourtIdaho Supreme Court
DecidedMay 1, 1985
DocketNo. 15048
StatusPublished
Cited by6 cases

This text of 699 P.2d 1388 (Kunzler v. First Interstate Bank) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kunzler v. First Interstate Bank, 699 P.2d 1388, 108 Idaho 374, 1985 Ida. LEXIS 466 (Idaho 1985).

Opinion

DONALDSON, Chief Justice.

Decedent, William Kunzler, died intestate on June 3, 1974, leaving as heirs his 13 children. This appeal centers around the disposition of decedent's 230-acre farm located in Cassia County.

On September 10, 1974, a petition for probate of decedent’s estate was filed. Floyd Kunzler, one of decedent’s sons, was appointed Personal Representative. In June of 1979, Glen Kunzler, another of decedent’s sons, petitioned for removal of Floyd Kunzler as Personal Representative and for an accounting. The magistrate denied the motion along with several subsequent motions for Floyd Kunzler’s removal.

On August 28, 1981, Glen Kunzler petitioned the magistrate for an Order to Show Cause directing the Personal Representative to show why he should not be removed for failure to settle the estate. He also asked for a partition and sale of the farm. The magistrate denied both motions and ordered the Personal Representative to proceed immediately to close the estate. The magistrate did state, however, that if the assets of the estate were insufficient to make a proper distribution to Glen Kunzler, partition and sale might ultimately be required. On May 5, 1982, the magistrate ordered supervised administration of the estate pursuant to I.C. § 15-3-501.

The matter was again before the court on an Order to Show Cause on June 11, 1982. Following that hearing, the magistrate removed Floyd Kunzler as Personal [376]*376Representative and ordered partition of the farm by sale. The magistrate made the following Findings of Fact:

“1. It was in fact the desire of the court to be apprised of the nature of the assets available and the fair market values today and the Personal Representative has either failed or refused to provide that information dispite [sic] having been advised in open court on two previous occasions, September 9, 1981, and November 16, 1981, and the Personal Representative has held those requests and orders of the court in contempt.
“2. The court is without the ability to order any other relief for the petitioner Glen Kunzler other than to grant his motion for partition of the real property by sale, the Personal Representative having failed to provide an alternate method to satisfy the claim of Glen Kunzler.
“3. The court has been advised by counsel for the Personal Representative that the Utah assets are ‘in litigation’ and it appears at the present time that there is no Utah assets available to which the Personal Representative could have access to make distribution to petitioner Glen Kunzler to avoid partition of the real property by sale.
“4. The Personal Representative Floyd Kunzler has not only on this occasion but on previous occasions exhibited no diligence or effort to bring this matter to the conclusion that the court has informally urged and encouraged and has treated the orders of this court with contempt, and it is not in the best interest of the estate for Floyd Kunzler to continue as Personal Representative.
“5. The court finds that the Trust Department of First Interstate Bank of Idaho, N.A., to be not only willing but competent to serve as the Personal Representative of this estate.”

First Interstate Bank assumed its duties as personal representative on June 24, 1982. A broker was employed on August 9, 1982. Among the prospective purchasers contacted by the broker were William and Reese Kunzler, two of the heirs of the estate.

On September 1, 1982, Floyd Kunzler moved to disqualify First Interstate’s attorney, Mr. Parsons, alleging a conflict of interests. He also asked the court to grant him, or any of the other heirs, a right of first refusal to purchase the farm at the same net price as any offer. He further requested that any such heir be allowed to purchase the farm without paying a real estate commission. His motion was denied in all respects.

On September 13, 1982, First Interstate Bank petitioned the court for authority to sell the farm to Garr and Joan Wayment. A confirmation hearing was held on October 20, 1982. Appellant, on his own behalf and on behalf of the other heirs of the estate, objected to the confirmation of the sale and asked the court to permit the heirs additional time to match the Wayment offer. In an opinion dated October 22, 1982, the magistrate confirmed the sale and denied the relief requested by the heirs. The opinion stated in part:
“All parties to the proceedings agree that the offer presented by the Personal Representative, the offer of Mr. and Mrs. Wayment, is an offer which is not objectionable and is permissible for the court to confirm. The heirs simply approach the court and ask that they be given an opportunity to purchase the property instead of its sale to the Wayments.
“The evidence at the confirmation hearing shows that Mr. and Mrs. Wayment have secured a binding financial commitment to purchase the real property on a cash sale. The evidence further shows that the price secured is more than adequate for the property, and in [377]*377fact, is a very good sale for the estate. Since June 14, 1982, none of the heirs have presented the court with a firm offer with financial backing secure and available to make purchase of the real property, and in fact, at the time of hearing, counsel argued that the court should at least allow the heirs an opportunity to go out and try to secure that financing.
“Therefore, it appears that the only substantiated offer for the property which is before the court is the one of Garr G. Wayment and Joan W. Wayment. The heirs of the estate have had opportunity at all time to make an offer for the purchase of the property. No offer was received prior to the time an earnest money agreement was negotiated with Mr. Wayment. The heirs have all been aware of the proceedings in this matter and that the property was being offered for sale.
“It appears to the court it would be most unfair to Mr. Wayment at this time to allow one or more of the heirs to take advantage of the offer he has negotiated for the Personal Representative.
“The question before the court goes beyond these heirs and this Personal Representative. It involves public policy and making the dealings of Personal Representatives with the business community sound and predictable. It may be regrettable that this family farm will pass out of the possession and control of the heirs of William Kunzler, but it would be unequitable and unfair to Mr. and Mrs. Wayment to deny them the benefit of the agreement they reached with the Personal Representative. In addition, the court notes that the heirs had every opportunity to present an offer for the purchase of property and even to this day have failed to present to court with the documented proposal which would meet, let alone exceed, the offer made by Mr. and Mrs. Wayment.”

On November 23, 1982, Floyd Kunzler moved to set aside the order confirming the sale alleging lack of jurisdiction by the magistrate court, breach of fiduciary duty on the part of the Personal Representative, and fraud and misrepresentation on the part of counsel for the Personal Representative. The motion was denied on December 17, 1982.

On December 9, 1982, Floyd Kunzler appealed the magistrate’s order confirming the sale to the district court. He requested a trial de novo on the issues raised on his appeal.

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Cite This Page — Counsel Stack

Bluebook (online)
699 P.2d 1388, 108 Idaho 374, 1985 Ida. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kunzler-v-first-interstate-bank-idaho-1985.