In Re Estate of Seifert

This case demonstrates that sometimes the old law is the good law.

Prior to 1994, Robert Seifert (decedent) owned a 20-acre parcel of real property that we shall call Blackacre.

Decedent’s will devised Blackacre to decedent’s two sons, Gerald R. Seifert (Dick) and Stanley Seifert (Stanley).

The trial court found that on June 9, 1994, decedent made an oral gift of Blackacre to another son, Robert L. Seifert (Bob). Bob was also named the executor of decedent’s estate.

Decedent died on November 14, 1998.

The probate court admitted decedent’s will to probate and named Bob executor on January 8, 1999.

In August 2000, Bob filed a “Petition for Settlement of First and Final Account, Approval of Assignment, Fixing and Allowing Compensation, and for Final Distribution” in probate. As relevant, the petition declared that the real property devised in the will to Dick and Stanley was not part of the estate, “having been conveyed to the petitioner several years prior . . . .”

In September 2000, the probate court entered an order settling and distributing the estate.

In December 2002, Dick filed a “Petition for Order Directing Personal Representative to Distribute Property to…