Estate of Dionne

Petitioners Randall Dionne, Cynthia Larson, and James Goodness appealed a district court judgment dismissing their petition for formal probate of Ardis Dionne's will, and denying a N.D.R.Civ.P. 60(b) motion to vacate the dismissal of James Goodness's petition to void the deed of property to Respondent-Appellee (and personal representative of the estate) Norman Dionne. At the time of her death, Ardis Dionne owned a 1/4 interest in some land in Mountrail County. Norman Dionne was appointed the personal representative, and instituted an intestate probate proceeding. The will left all of Ardis Dionne's property, including the real estate, to her husband James Goodness. Norman Dionne and Cynthia Larson met with Goodness in to persuade him to transfer or sell the real estate to them. Goodness told them he did not want the real estate, and signed a deed that purported to transfer the estate's interest in the property to Norman Dionne for one dollar, and that "[a]fter paying administration expenses and creditor's claims, if any, all of the remaining assets of the estate (including the proceeds from the sale of the land) shall be distributed to James Goodness." But "James Goodness" was crossed but and "Norman for maintenance, 4/25/02" was handwritten in. Goodness and all of Ardis Dionne's children signed the deed. Subsequently, Norman Dionne, as personal representative of the estate, issued a deed to himself in his individual capacity. In 2008, Randall Dionne and Cynthia Larson filed a petition to void the deed Norman Dionne had issued to himself and to transfer the land back into the estate for distribution. Randall Dionne and Cynthia Larson claimed the parties did not intend all of the land to go to Norman Dionne when James Goodness signed the deed giving up his interest in the land. They claimed the land was supposed to be kept by the estate until Ardis Dionne's mother died, and then be distributed to all six children equally. The district court dismissed the petition on summary judgment, ruling the deed unambiguously transferred the property to Norman Dionne. Randall Dionne and Cynthia Larson appealed, and the Supreme Court reversed and remanded for a trial, ruling the deed was ambiguous and summary judgment was inappropriate. A bench trial was later held to determine the intent of the parties that signed the deed. The district court found the intent of the parties was that the entire property would go to Norman Dionne. A new petition was then filed seeking formal probate of Ardis Dionne's will. Finding the issue res judicata, the Supreme Court held that "[a]dmitting the will to probate [would have been] an exercise in futility. . . Here, if the will [was] valid, James Goodness [was] the sole beneficiary, and signed a valid distribution agreement transferring his whole interest in the property to Norman Dionne. If the [was] not valid, the property [would pass] by intestacy equally to all of Ardis Dionne's children, who also signed a valid distribution agreement transferring their whole interest in the property to Norman Dionne. There is no reason to admit the will to probate. The district court properly granted Norman Dionne's Rule 12(b)(vi) motion and dismissed the petition." View "Estate of Dionne" on Justia Law