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ESTATE OF DAHLKE EX REL. JUBIE v. DAHLKE

No. S-13-0077.

319 P.3d 116 (2014)

2014 WY 29

The ESTATE OF H. Kent DAHLKE, by and through its Personal Representative Susan M. JUBIE, Appellant (Plaintiff), and The Estate of Sara Westerberg Dahlke, by and through its Personal Representative Susan M. Jubie, and Susan M. Jubie, individually, Appellants (Defendants), v. Jay H. DAHLKE, Kurt M. Dahlke, Hearthside Care Center, Umpqua Homes for The Handicapped, and M. Scott McColloch, Appellees (Defendants).

Supreme Court of Wyoming.

February 25, 2014.

Attorney(s) appearing for the Case

Representing Appellants: Eldon E. Silverman, Esq. , of Preeo Silverman Green & Egle, P.C., Denver, Colorado; Randy L. Royal, Esq. , Greybull, Wyoming.

Representing Appellees Jay H. Dahlke and Kurt M. Dahlke: Edward G. Luhm, Esq. , Worland, Wyoming.

Representing Appellees Umpqua Homes for the Handicapped and Hearthside Care Center: Laurence Stinson , Stinson Law Group, P.C., Cody, Wyoming.

Representing M. Scott McColloch: No appearance.

Before KITE, C.J., and HILL, VOIGT, BURKE, and DAVIS, JJ.

DAVIS, Justice.

[¶ 1] The Estate of J. Kent Dahlke included a checking account he held jointly with his surviving wife Sara Dahlke. There were irregularities in the administration of the estate, including failure to assure that the heirs waived a hearing on a decree of distribution, and failure to advise Sara Dahlke of her statutory elective share. Sara served as the personal representative of Kent's estate. After Sara...

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