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IN RE ESTATE OF AFRANK

No. DA 12-0202.

291 P.3d 576 (2012)

2012 MT 289

In the Matter of the ESTATE OF Dennis R. AFRANK, Deceased. Leslie Afrank, Personal Representative, Appellant, v. Deborah L. Afrank, Appellee.

Supreme Court of Montana.

Decided December 18, 2012.

Attorney(s) appearing for the Case

For Appellant: Patrick G. Begley ; Attorney at Law, Miles City, Montana.

For Appellee: Michael G. Moses ; Moses and Lansing, P.C., Billings, Montana.

For Amicus Curiae: Charles W. Willey ; Attorney at Law, Missoula, Montana, (for Business, Estates, Trusts, Tax, and Real Property (BETTR) Section of the State Bar of Montana).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Leslie Afrank, Personal Representative of the Estate of Dennis Afrank, appeals from the District Court's order filed March 1, 2012, allowing Deborah Afrank's claim against the Estate. We reverse.

¶ 2 Leslie Afrank presents the issue for review which we restate as follows: whether the District Court properly allowed Deborah's claim against the Estate for one half of the debt on the...

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