Estate of Damjanovich

Summary

The Montana Supreme Court held that the December 9, 2015 handwritten document is a valid holographic will only for appointing Tracy Barlow as personal representative, but it does not create a power of appointment or a trust and therefore does not dispose of Corbin Damjanovich’s estate. Accordingly, the Court affirmed the district court’s limited finding, reversed its broader conclusions, and remanded for a partial intestacy order.