In The Matter Of The Swansons' Estate

187 P.3d 631 (2008)

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Nature of the Case

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Facts

D shot and killed two of her children, Louisa Ann and Swen Paul. D called 911 to report that she shot the children. D was charged with two counts of deliberate homicide. She pled guilty to both counts. All of the doctors agreed that she was suffering from a severe mental disorder. She was diagnosed with schizoaffective disorder, which ran in her family, as well as agnosia, depression, and psychosis. D suffered from the delusion that someone wanted to harm her children. D believed she had to shoot the children in order to protect them from this impending and imminent harm. She was sending them to heaven where they would be safe. D has consistently maintained that she killed the children to protect them. The State recommended that she be sentenced under § 46-14-312, MCA. The State wanted her committed to the custody of the director of the department of public health and human services for treatment in lieu of imprisonment. The District Court agreed. P, the children's father, served as the personal representative for Louisa Ann's and Swen Paul's estates. P petitioned the District Court to forfeit D's interest in the children's estates, pursuant to § 72-2-813, MCA. It provides that one who 'feloniously and intentionally kills' another may not inherit from the decedent's estate. The court granted P summary judgment. D appealed.