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Summary 2009 WY 53

Summary of Decision issued April 13, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Krafczik v. Morris

Citation: 2009 WY 53

Docket Number: S-08-0003; S-08-0079

Appeal from the District Court of Albany County, the Honorable Jeffrey A. DOnnell, Judge.

Representing Appellant Krafczik: Steve C.M. Aron, Aron and Hennig, LLP, Laramie, Wyoming.

Representing Appellee Morris: Stacy L. Rostad and Jason M. Tangeman, Anthony, Nicholas & Tangeman, LLC, Laramie, Wyoming.

Facts/Discussion: In 2004 Mr. Allan Kraczik executed a Warranty Deed conveying to Morris an interest in a rental property he owned in Laramie, Wyoming. The deed established Krafczik and Morris as owners of undivided one-half interests as joint tenants with rights of survivorship. In late 2004, Krafczik?s cousin, Joseph Krafczik and his wife were appointed as guardians of Mr. Krafczik. The Krafcziks filed suit on behalf of Mr. Krafczik against Morris claiming that she obtained the property interest through undue influence. While the litigation was pending, the Krafcziks executed a Quitclaim Deed with the express purpose of terminating her rights of survivorship. They filed a motion for approval of that conveyance in their conservatorship case.

Undue influence: The Krafcziks claimed the district court?s factual findings were contrary to the evidence. The Court reviewed the record and noted the evidence could have supported the existence of a confidential relationship but it could have supported the contrary as well. However, there was very little evidence that Mr. Krafczik?s mental condition left him dependent upon Morris. In contrast, there was substantial evidence to support the trial court?s findings that he did not depend upon her in completing his daily activities, his financial affairs, or his personal affairs.
Motion at the close of plaintiffs? case: After the Krafcziks presented their case during the bench trial, Morris made a motion for judgment on partial findings arguing that the evidence was insufficient to establish the existence of a confidential relationship between Mr. Krafczik and Morris. The district court denied the motion explaining that the Krafcziks had presented sufficient evidence to survive the motion for judgment but the court had not concluded that a confidential relationship existed.
Court approval of a conservator?s property conveyance: The Krafcziks as conservators executed a Quitclaim Deed by which they attempted to convey Mr. Krafczik?s joint tenancy to himself as a tenancy in common in an effort to destroy Morris? right of survivorship. It was undisputed they did not receive approval of the transaction from the district court. The Court considered the question of whether they should have. The deed was executed as an independent act regardless of the outcome of the litigation and not in furtherance of the prosecution or defense of any claim. The Quitclaim Deed represented an incomplete conveyance because the Krafcziks executed it prior to obtaining court approval and Mr. Krafczik died before the district court confirmed the sale.

Conclusion: There was substantial evidence to support the district court?s conclusion that there was not a confidential relationship between Morris and Mr. Krafczik. The Quitclaim Deed was an incomplete conveyance because the Krafcziks executed it prior to obtaining the district court?s approval and Mr. Krafczik died before the district court confirmed the sale.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/cbzooc .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]

Full post as published by Law Library Letter on April 14, 2009 (boomark / email).