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Wills, Trusts & Estates Keyed to Sterk
Estate of Goick
Citation:
275 Mont. 13, 909 P.2d 1165Facts
Barbara and Michael Goick were married in 1981 and had three children. In 1990, Michael filed for divorce, and a hearing was held in April 1991, where all issues except the division of household goods were resolved. Although the judge reportedly stated the parties were divorced, no final decree was ever issued, and disagreements over property division persisted. After Michael’s death in November 1992, Barbara moved to dismiss the divorce action, which was granted. She then claimed rights as Michael’s surviving spouse and sought to be appointed personal representative (PR) of his estate. Michael’s family contested her claim, arguing she was no longer his spouse. In January 1995, Barbara and the children, through their guardian ad litem, entered a distribution agreement as potential heirs. Michael’s family objected to this agreement, prolonging the dispute over his estate.
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