Estate of Almer

Citations

• 2024 ND 102

Syllabus

When interpreting a will the primary objective is to determine the testator's intent. Extrinsic evidence may be considered to resolve an ambiguity. A will is ambiguous if its language is susceptible to more than one reasonable interpretation. A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative may be liable to interested persons for damage or loss resulting from breach of the personal representative's fiduciary duty to the same extent as a trustee of an express trust. Whether a personal representative breached a fiduciary duty is a question of fact. A personal representative is entitled to receive reasonable attorney fees from an estate when he or she defends or prosecutes any proceeding in good faith, whether successful or not.