Letitia Petru, AKA Letiti Petru v. Malcolm MacCalman

We affirm the granting of a motion for summary judgment in a diversity action based upon a state probate proceeding.

Appellants are the Romanian heirs of John Dobrota, a deceased resident of Montana. His estate was probated there, and the probate court signed and entered a decree of settlement of the first and final account and distribution of the estate. The decree sets forth that appellants are heirs of the decedent and are entitled to a share of the estate, provided that “reciprocity is determined to exist between the State of Montana and the Country of Romania where said heirs of John Dobrota, deceased, reside.”

The decree then provides, in part, that the estate be distributed:

The Revised Codes of Montana provide that foreign heirs shall not receive property from a Montana estate unless it is established by competent evidence at a hearing to determine heirship that the country of their residence would reciprocally permit the transfer of property to heirs residing in the United States.

Appellee, at the time of the distribution of the estate, was the attorney and representative of the foreign heirs. He received the sum of $13,225.66 in the distribution. The Montana courts…