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In re Estate of Esterbrook11/24/2003
Submitted on Briefs: June 19, 2003
Rocky King appeals from an order of the Fourth Judicial District Court, Missoula County, (1) including the grandparents as parties to future matters involving the conservatorship of her children; (2) requiring grandparental consent to stipulations for disbursement of settlement monies her children received from Montana Rail Link, Inc. (Rail Link) and the Burlington Northern Santa Fe Railway Company (BNSF); and (3) failing to direct the conservator to establish special needs trusts. We affirm in part, reverse in part, and remand.
FACTUAL AND PROCEDURAL BACKGROUND
Russell E. and Sandra L. Simmons brought this action in September of 2001, seeking court approval of settlements they had negotiated with Rail Link and BNSF for personal injuries and damages to their grandchildren, Roxanne D. Simmons (Roxanne) and Russell W. Simmons, Jr. (Russell), and their grandchildren's half-sister, Samantha Ann Esterbrook (Samantha), as a result of an April 11, 1996, train derailment and chlorine spill in Alberton, Montana. The Simmonses' petitions for court approval of the settlements stated the Simmonses were the court-appointed guardians of the three children. The Simmonses also sought appointment of a guardian ad litem to manage and protect the settlements. The Simmonses' son-Roxanne's and Russell's father-consented to the petition and the proposed settlements. King, the mother of all three children, did not oppose the settlement amounts but opposed the proposed plan for administering the trusts and asked to be substituted for the Simmonses as the petitioner.
The District Court held five hearings in this matter. Before the fifth hearing, the Simmonses' guardianships of the children were dissolved in a separate proceeding not of record in this case, and the children began residing with King. After that time, the District Court held its final hearing in this matter, in which it approved the settlements with Rail Link and BNSF. The court appointed attorney John Schulte as conservator of the children's monies and gave Schulte authority to choose the investment firms to hold those monies. The court provided that money may only be removed from the settlement accounts by court order. King appeals.
STANDARD OF REVIEW
We review findings of fact to ascertain whether they are clearly erroneous and conclusions of law to determine whether they are correct. In re Estate of McDermott , 2002 MT 164, 22, 310 Mont. 435, 22, 51 P.3d 486, 22.
DISCUSSION
ISSUE ONE
Did the District Court err by including the Simmonses as parties to future matters involving the conservatorship of King's children?
King contends the District Court erred in including the Simmonses as parties to future matters. She claims their interest terminated with the dissolution of their courtappointed guardianships of the children. We disagree.
"Interested person" is defined broadly at ยง 72-1-103(25), MCA, as an heir, devisee, child, spouse, creditor, beneficiary, or any other person having a property right or claim against a trust estate. A person who is furnishing or supplying any money for support or care of a person for whom a conservator has been appointed is a person interested in the welfare of the protected person. Section 72-5-413(4), MCA.
In this case, it is undisputed that the Simmonses were the children's guardians and caregivers for several years immediately preceding the conservatorship, without significant financial support from King or the children's fathers. Counsel indicated at the fifth hearing that the children continued to stay with the Simmon
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