IN THE MATTER OF THE ESTATE OF GREGORY ENGELLANT, A Protected Person.
KENNETH ENGELLANT, individually and as Guardian and Conservator for GREGORY ENGELLANT, a protected person, Respondent and Appellee. DAREN ENGELLANT and KEVIN ENGELLANT, Petitioners and Appellants,
Submitted on Briefs: March 29, 2017
FROM: District Court of the Twelfth Judicial District, In and
For the County of Chouteau, Cause No. DP-85-008 Honorable
Daniel A. Boucher, Presiding Judge
Appellants: Paul A. Sandry, Johnson, Berg, & Saxby, PLLP,
Appellee: Stephen R. Brown, Jr., Bradley E. Dugdale, Bosch,
Kuhr, Dugdale, Martin & Kaze, PLLP, Havre, Montana
Gregory Engellant: Daniel N. McLean, Jerrod D. Bevan, Crowley
Fleck, PLLP, Helena, Montana
McGrath Chief Justice
Daren Engellant and Kevin Engellant filed a petition to
remove Kenneth Engellant as conservator for Gregory
Engellant. They appeal from the District Court's
September 19, 2016 order granting Kenneth's motion for
summary judgment and concluding that they lacked standing to
maintain the petition. We reverse and remand.
We restate the issue on appeal as follows: Did the District
Court err in granting summary judgment to Kenneth and
dismissing the petition for lack of standing?
AND PROCEDURAL BACKGROUND
The parties to this case are all related. Petitioners Daren
and Kevin Engellant are the sons of Respondent Kenneth
Engellant, and they are the nephews of Gregory Engellant.
Gregory was permanently disabled in an accident in 1982. His
brother Kenneth has served as his appointed conservator since
1985. Gregory executed a will in 1978 prior to his accident,
and in 2012 he executed a second will. Daren and Kevin are
devisees under both wills.
Daren and Kevin object to the way their father Kenneth has
handled their Uncle Gregory's affairs as conservator.
They complained to Montana Adult Protective Services (APS)
that Kenneth was improperly administering the conservatorship
estate. APS filed an action seeking to remove Kenneth as
conservator, but the action was subsequently dismissed by
stipulation. Daren and Kevin filed the present action in
November 2014 in the conservatorship proceeding, seeking to
remove their father Kenneth as conservator for their Uncle
In September 2015 Kenneth filed a motion for summary
judgment, contending that Daren and Kevin lacked standing to
maintain a proceeding to remove him as conservator. In
September 2016 the District Court granted Kenneth's
motion for summary judgment, concluding that Daren and Kevin
Daren and Kevin appeal.