In re Estate of Berthot

8 Citing cases

  1. In re Conservatorship of J.R

    360 Mont. 30 (Mont. 2011)   Cited 7 times

    ¶ 17 We review a district court's findings of fact to determine whether those findings are clearly erroneous. In re Estate of Berthot, 2002 MT 277, ¶ 21, 312 Mont. 366, 59 P.3d 1080 (citing In re Eggebrecht, 2000 MT 189, ¶ 18, 300 Mont. 409, 4 P.3d 1207; In re Estate of Bolinger, 1998 MT 303, ¶ 29, 292 Mont. 97, 971 P.2d 767). We review a district court's conclusions of law to determine whether that court's interpretation of the law is correct.

  2. In re Dower

    2021 MT 245 (Mont. 2021)   Cited 1 times

    ¶8 We review a district court's findings of fact to determine whether those findings are clearly erroneous. In re Estate of Berthot, 2002 MT 277, ¶ 21, 312 Mont. 366, 59 P.3d 1080. We review a district court's conclusions of law to determine whether that court's interpretation of the law is correct.

  3. Estate of Scheidecker v. Mont. Dep't of Pub. Health & Human Servs.

    2021 MT 158 (Mont. 2021)   Cited 2 times

    "It is a basic principle of trust law that a trust is to be managed to carry out the [settlor's] intent." Collins v. Norwest Inv. Mgmt. & Tr. (in Re Estate of Berthot), 2002 MT 277, ¶ 35, 312 Mont. 366, 59 P.3d 1080 (citing In re Estate of Lindgren, 268 Mont. 96, 100, 885 P.2d 1280, 1282 (1994)). The settlor's intentions control the trust's disposition; the intent is to "be found from all parts of the [trust] . . . construed in relation to each other . . . to form one consistent whole."

  4. Erving v. Erving

    2019 MT 162 (Mont. 2019)

    The threshold inquiry in any trust case is to examine the language of the trust document. Collins v. Norwest Inv. Mgt. & Trust, 2002 MT 277, ¶ 35, 312 Mont. 366, 59 P.3d 1080. "The trustor's intent controls our interpretation of a trust agreement, and we attempt to discern the trustor's intent from the language of the entire trust agreement, rather than from a particular word or phrase."

  5. Tonn v. Estate of Sylvis

    412 P.3d 1055 (Mont. 2018)

    When determining a testator's intent, this Court will consider all provisions of the trust as a whole. In re Estate of Berthot , 2002 MT 277, ¶ 35, 312 Mont. 366, 59 P.3d 1080 (citing In re George Trust , 253 Mont. 341, 344, 834 P.2d 1378, 1380 (1992) ). ¶ 13 The William Heirs argue the District Court erred when it failed to apply the anti-lapse statute.

  6. Kavon v. Kavon

    346 P.3d 1132 (Mont. 2014)

    Therefore, the threshold inquiry in any trust case is to examine the terms of the trust document.” Collins v. Norwest Inv. Mgt. & Trust, 2002 MT 277, ¶ 35, 312 Mont. 366, 59 P.3d 1080 (citations omitted). A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a cotrustee or beneficiary.

  7. Matter of the Baird Trust

    204 P.3d 703 (Mont. 2009)   Cited 2 times

    We review a district court's conclusions of law to determine whether that court's interpretation of the law is correct." In re Estate of Berthot, 2002 MT 277, ¶ 21, 312 Mont. 366, 59 P.3d 1080 (citations omitted). As discussed below, we review a district court's denial of a petition to remove a trustee under an abuse of discretion standard.

  8. Marriage of Epperson

    326 Mont. 142 (Mont. 2005)   Cited 16 times
    Affirming trial court's termination of family irrevocable trust under judicial termination statute similar to section 736.04113, where husband trustee petitioned for termination, finding purpose of trust defeated upon family's disintegration

    We review a district court's conclusions of law to determine whether that court's interpretation of the law is correct. In Re Estate of Berthot, 2002 MT 277, ¶ 21, 312 MT 366, ¶ 21, 59 P.3d 1080, ¶ 21 (citing In re Mark K. Eggebrecht Irrevocable Trust, 2000 MT 189, ¶ 18, 300 Mont. 409, ¶ 18, 4 P.3d 1207, ¶ 18). ¶ 17 Our standard of review for a district court's award of child custody is whether the district court's findings are clearly erroneous.