In re Estate of Scott
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In this estate action, the Supreme Court reversed and vacated an order of the district court denying a motion to strike notice of disallowance and an order denying the personal representative's motion for summary judgment, holding that the district court lacked subject matter jurisdiction to enter the orders.
Carl Scott devised his entire estate to the Rocky Mountain Elk Foundation. After Carl died, David Scott, on behalf of himself and the Estate of Kenneth Scott, filed a creditor claim against Carl's estate for its equity in a family farm. The district court concluded that the Scott Children had a vested interest in the farm's equity and that the Estate was obligated to disburse the funds to them. Thereafter, the Estate issued a notice of disallowance for the Scott Children's claims, arguing that they were equitable and that the district court, while sitting in probate, lacked subject matter jurisdiction. The district court granted the motion. The Supreme Court reversed, holding that the district court (1) lacked subject matter jurisdiction to strike the Estate's notice of disallowance; and (2) erred by ruling on the personal representative's motion for summary judgment.
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