COLE EX REL. COLE REVOCABLE TRUST v. COLE

No. 02-784.

75 P.3d 1280 (2003)

2003 MT 229

Dennis Byron COLE, Trustee of the EDGAR C. COLE REVOCABLE TRUST, Plaintiff and Respondent, v. Alta J. COLE, Defendant and Appellant.

Supreme Court of Montana.

Decided August 26, 2003.


Attorney(s) appearing for the Case

For Appellant: James C. Bartlett, Attorney at Law, Kalispell, Montana.

For Respondent: James Ramlow, Tia R. Robbin, Kaufman, Vidal & Hileman, P.C., Kalispell, Montana.


Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Upon the death of her husband, Appellant Alta Cole filed an inheritance tax return naming herself as the sole owner of real property based on a purported conveyance in a warranty deed. Respondent Dennis Cole later filed a Petition for Construction of Trust with the Eleventh Judicial District Court, Flathead County. The petition requested that the District Court render the warranty deed null and void...

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