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In Re: Estate of Hazel W. Helms

The probate court erred in adopting the Administrator's plan for settling the decedent's estate without evidence to support a reduction in one beneficiary's 50 percent testamentary share.

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Jan Helms Rowell, beneficiary under the will of her late mother, Hazel Williams Helms “the decedent”, appeals the probate court’s order settling the decedent’s estate. She also appeals from the probate court’s denial of her motion to make or amend findings of fact and conclusions of law and her motion for new trial. For the reasons that follow, we vacate in part, affirm in part, and remand the case with direction.

The relevant facts are as follows. The decedent died testate on November 4, 2007. A copy of the will, dated May 25, 1999, is not in the appellate record. However, the record shows that the four beneficiaries under the will are: Jan Helms Rowell, Charles Helms, III “Helms”, Bryan Helms, and Hollis Helms Erikson. Under the terms of the will, Rowell was to receive 50 percent of the residue, Charles Helms, III was to receive 25 percent of the residue and Bryan Helms and Hollis Helms Erikson were each to receive 12 percent of the residue. During the period between November 2007 through July 2011, the estate remained unrepresented while Rowell and Helms litigated the issue of who should serve as personal representative. In July 2011, both Rowell and Helms renounced their rights to serve as executor, and the probate court appointed Ann J. Herrera to serve as administrator with will annexed the “Administrator”.

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