Document Type

Article

Publication Date

1997

Abstract

  • Decedent passed away without having an established will. Darrell W. Bird filed an application for informal appointment as personal representative, and soon after decedents mother, father, and her stepfather also filed to be personal representative.  

  • All applicants and their counsel met for a hearing, under which the Court heard testimony and took evidence. At its end, the Tribal Court ordered the appointment of Darrell W. Bird and Jame B. Dauphinais, decedents father, as co-personal representatives.  

  • Decedent’s mother, Ramona Jackson, appealed the order while the father and stepfather did not. The father did file an amicus brief after the expired time for appealing, so it was struck. Decedent’s mother passed away before the Appeals court listen to her personally, but since she was the sole appellant, the Appeals court decided to address the issues she had presented to the Court, whether Darrell Bird had standing to be appointed personal representative of her daughter’s estate. 

  • At the time of this case, there was no Blackfeet Code or Ordinance provision relating to heirship, so the Appeals Court had to rely on state law; more specifically, 72-2-112 through 113 and 72-3-502 of the MCA. Under these provisions, if Darrel Bird is deemed to be decedent’s surviving spouse, then he is entitled to inherit the first $200,000 of her estate plus three-fourths of any amount in excess of $200,000. The father as the decedents now sole surviving parent will then be entitled to inherit the remaining one-fourth of any amount in excess of $200,000. 

  • The Appeals Court held that when the Blackfeet Code refers them to state law, it intends that they should look to the totality of state law on the matter before them, even where there may be some tribal law which may relate to some aspect of the matter. Due to this, the Court will look to Montana code to determine whether there was a common law marriage between decedent and Darrell Bird.  

  • The evidence at the Tribal Court hearing led to the Appeals Court concluded that Darrell Bird and decedent were husband and wife according to Montana law. As the surviving spouse, Darrell Bird then has a higher priority for appointment as personal representative and is entitled to the appropriate apportionment under the MCA. 

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