In the Matter of the Estate Rex Felten

Summary

The court affirmed enforcement of the will’s no-contest clause and held that Kathy failed to prove she challenged the will in good faith and with probable cause. It clarified that the challenger bears the burden of proving both requirements by a preponderance of the evidence, that good faith is subjective, and that probable cause is assessed objectively under the totality of the circumstances. The court applied those standards de novo while deferring to the district court’s factual findings.