In Re the Estate of Mebust
843 P.2d 310, 255 Mont. 287, 49 State Rptr. 1019 (1992)
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Rule of Law:
When an intestate decedent's only heirs are the descendants of predeceased siblings, Montana's intestacy statute requires the estate to be divided into equal shares at the first generational level containing surviving members, with the shares of any deceased members at that level passing to their issue by representation.
Facts:
- Berger O. Mebust died intestate, meaning without a will.
- Mebust was not survived by a spouse, parents, or any children.
- He had four siblings (Pete, Hans, Einar, and Lillian), all of whom predeceased him.
- At the time of Mebust's death, there were eight surviving nieces and nephews.
- Three other nieces and nephews had also predeceased Mebust, but they left behind surviving children (Mebust's grandnieces and grandnephews).
- Appellant Kristina Hanson is the only child of Mebust's predeceased brother, Einar.
Procedural Posture:
- The personal representative of Berger O. Mebust's estate filed an action in the District Court for the Twelfth Judicial District, Hill County, to determine the proper distribution of the estate.
- The District Court issued a preliminary order indicating its intent to divide the estate into eleven equal shares, corresponding to each of Mebust's nieces and nephews.
- Kristina Hanson and three other heirs petitioned the court, arguing the estate should be divided into four equal shares based on Mebust's four predeceased siblings.
- After considering arguments, the District Court reaffirmed its decision to divide the estate into eleven shares.
- The District Court certified its decision for immediate appeal, and Kristina Hanson (appellant) appealed the order to the Supreme Court of Montana.
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Issue:
Under Montana's intestate succession law, when an intestate decedent is survived only by the children and grandchildren of predeceased siblings, is the estate divided into shares based on the number of predeceased siblings, or based on the number of heirs in the first generation with surviving members?
Opinions:
Majority - Chief Justice Turnage
No. The estate is divided based on the number of heirs in the first generation with surviving members. The court held that the clear and unambiguous language of Montana's intestate succession statutes dictates this outcome. Section 72-2-203(3), MCA, applies because there are surviving children and grandchildren of deceased siblings, making subsection (4) inapplicable. Subsection (3) requires distribution 'by representation,' which is explicitly defined in § 72-2-204, MCA. This definition mandates that the estate be divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left surviving issue. In this case, the nearest degree with surviving heirs is the generation of nieces and nephews. Therefore, the estate must be divided into eleven shares, one for each of the eight surviving and three deceased nieces and nephews who left issue.
Analysis:
This decision solidifies Montana's adherence to a 'per capita with representation' system of intestate succession for collateral heirs, as opposed to a strict 'per stirpes' system. It establishes that the statutory definition of 'representation' is controlling and mandates that the initial division of an estate occurs at the first generational level containing at least one living heir. This creates a clear precedent that prevents arguments for dividing an estate based on the lines of more remote, predeceased ancestors. The ruling emphasizes the principle of statutory interpretation that clear and unambiguous language must be applied as written, without resort to legislative history or other interpretive aids.
