Opinion
No. 69884
03-31-2017
IN THE MATTER OF IVAR JAMES MCDONALD, DECEASED. DENNIS W. MCDONALD, Appellant, v. CARRIE J. MCDONALD, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from a district court order appointing an executor and admitting a will to probate. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge.
In the district court, respondent submitted a June 2008 will for probate and asked that she be named executor of the decedent's estate. Appellant opposed respondent's petition, arguing, among other things, that the June 2008 will was revoked by a July 2008 will, which named him as executor. The probate commissioner concluded that the June 2008 will was valid and the July 2008 will was invalid. Thus, the commissioner recommended admitting the June 2008 will to probate and naming respondent executor. The district court affirmed the recommendation, and this appeal followed.
Having considered appellant's informal brief and the record before us, we conclude that appellant has not demonstrated that the district court erred by concluding that the July 2008 will was invalid, that none of the other documents submitted by appellant constituted a valid will, that the June 2008 will was valid, or that respondent should be appointed as the executor of the estate. See NRS 133.040 (setting forth the requirements for a valid will). Accordingly, we affirm the order of the district court admitting the June 2008 will to probate and appointing respondent as executor of the estate.
Appellant's arguments regarding what may properly be considered assets of the estate are beyond the scope of the district court's order, and thus, we do not address them in the context of this appeal. Likewise, in his brief, appellant requests relief, including the removal of respondent from her home and from a business that was owned by the decedent, which is beyond the scope of this appeal, and thus, we do not address those requests for relief. Finally, to the extent that appellant's arguments are not specifically addressed in this order, we have considered each of those arguments and conclude that none of them sets forth a basis for reversal of the district court's decision. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Gloria Sturman, District Judge
Dennis W. McDonald
Page Law Office
Eighth District Court Clerk