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Elsaesser notches high court win

| April 11, 2021 1:00 AM

SANDPOINT — A Bonner County attorney has prevailed on behalf of a client in an Ada County property dispute that was kicked up to the state's top bench.

Ford Elsaesser, personal representative for the estate of Victoria H. Smith, brought three actions against two of her family members and the operator of a composting facility after they refused to vacate parcels of property owned by the estate. In each action, 4th District Court judges granted judgments in favor of the estate on grounds that the estate's personal representative can pursue evictions against a parties in possession of estate property because the representative has the same power as would be enjoyed an an absolute owner the property, according to court documents.

Counsels representing the family members and the compost facility operator appealed, arguing that the lower court erroneously ruled that the Idaho Uniform Probate Code vests ownership of estate property in the estate's beneficiaries, not the personal representative. The Idaho Supreme Court, however, disagreed.

The high court ruled that the plain language of the probate code vested sufficient power over estate property in an estate's personal representative to bring ejectment actions. The supreme court therefore affirmed the district court rulings, according to a 14-page ruling issued on Friday.

Justices further ruled in favor a the estate's request for attorney fees in the matter.

"We conclude that this appeal was pursued frivolously, unreasonably or without foundation," Justice Roger Burdick said in the opinion, which drew concurrences from Chief Justice Richard Bevan, justices Robyn Brody and Gregory Moeller, in addition to Justice Pro Tem Joel Horton.

"Appellants arguments regarding the personal powers of a representative over estate property were so plainly contradicted by the UPC that even the most basic reading of the statute renders them untenable," Burdick added in the ruling.

Keith Kinnaird can be reached at kkinnaird@bonnercountydailybee.com and followed on Twitter @KeithDailyBee.