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IN RE ESTATE OF BARTELSON

No. 20110114.

806 N.W.2d 199 (2011)

2011 ND 219

In the Matter of the ESTATE OF Ralph BARTELSON, deceased. Jean Valer and Jane Haught, Petitioners and Appellees v. Neil Bartelson and Diane Fischer and Guardian and Protective Services, Personal Representative, Respondents. Neil Bartelson and Diane Fischer, Appellants.

Supreme Court of North Dakota.

November 15, 2011.

Attorney(s) appearing for the Case

William C. Severin (argued), Bismarck, ND, for appellees.

Clark J. Bormann (argued) and Sophie Y. Morgan (appeared), Bismarck, ND, for appellants.

KAPSNER, Justice.

[¶ 1] Neil Bartelson and Diane Fischer appeal from a district court order that concluded the court did not have jurisdiction to decide whether funds expended prior to the appointment of a guardian and conservator were misappropriated. We conclude the court erred in determining it did not have jurisdiction over the misappropriation claim, and we reverse and remand for further proceedings.

I

[¶ 2] Ralph Bartelson had four...

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