| 11:00am | Monday, November 9, 2009 | ||||||
| 20090157 |
In the Matter of the Estate of Mary Ann Fisk, Deceased.
------------------------------------------------------- North Dakota Department of Human Services, Petitioner and Appellant v. Royce S. Fisk as Personal Representative of the Estate of Mary Ann Fisk, deceased, Respondent and Appellee | ||||||
| Appeal from: | Northwest Judicial District, Ward County, Judge Richard L. Hagar | ||||||
| Nature of Action: | Probate - Wills - Trusts | ||||||
| Counsel: |
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| Issues: |
Appellant's Statement of the Issues: 1. The District Court determined that payment of funeral expenses totaling $6,206.25 has a priority over the Department's claim for repayment of medical assistance furnished to the decedent's late spouse. The issue is whether the District Court erred in this determination. 2. The District Court determined that the fees proposed to be paid to the personal representative were not unreasonable. The issue is whether this determination was supported by the facts and the law. 3. The District Court approved without comment, and as a part of the personal representative's fee, amounts paid to an attorney although there is no record of any activity undertaken by that attorney for the benefit of the estate. The issue is whether these attorney fees were properly approved. 4. The personal representative acknowledged paying certain decedent's debts owed to creditors with claims junior to the Department's claim. The District Court made no determination approving or disapproving this acknowledgment, although the personal representative's inventory discloses no funds from which the junior claims could have been paid, and the personal representative's final accounting discloses no payment. The issue is whether a determination was required by the facts and the law. | ||||||
| Briefs: |
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Generated from Supreme Court Docket on 12/15/2009 | |||||||