Linck v. Barokas & Martin, No. 6786
| Court | Supreme Court of Alaska (US) |
| Writing for the Court | Before BURKE, C.J., RABINOWITZ, MATTHEWS and COMPTON, JJ., and DIMOND; BURKE |
| Citation | 667 P.2d 171 |
| Parties | Gertrude LINCK, Nancy Linck Kelly, Mark Linck and Greg Linck, Appellants, v. BAROKAS & MARTIN, R.R. DeYoung and Earl L. Sommerfeld, Appellees. |
| Docket Number | No. 6786 |
| Decision Date | 15 July 1983 |
Page 171
Linck, Appellants,
v.
BAROKAS & MARTIN, R.R. DeYoung and Earl L. Sommerfeld, Appellees.
Page 172
Peter A. Galbraith, James D. Sourant, Sourant & Strandberg, Anchorage, for appellants.
Robert L. Eastaugh, Delaney, Wiles, Hayes, Reitman & Brubaker, Inc., Anchorage, and John A. Treptow, Atkinson, Conway, Young, Bell & Gagnon, Anchorage, for appellees.
Before BURKE, C.J., RABINOWITZ, MATTHEWS and COMPTON, JJ., and DIMOND, Senior Justice. *
BURKE, Chief Justice.
This appeal challenges the dismissal of appellants' complaint for failure to state a claim upon which relief may be granted. We reverse.
Lee Linck died on December 11, 1978. At the time of Linck's death, attorneys R.R. DeYoung and Barokas & Martin and accountant Earl L. Sommerfeld were in the process of developing an estate plan for him. This plan was never completed. Under Linck's will, his entire estate, valued at three million dollars, passed to his wife, Gertrude Linck. The Linck children were beneficiaries only in the event that Gertrude Linck predeceased her husband.
Under AS 13.11.295 Gertrude Linck had six months within which to disclaim her inherited interest in the estate. 1 Such a
Page 173
disclaimer would have produced two results: (1) the disclaimed property would have passed directly to the Linck children, as if Gertrude Linck had predeceased her husband, and (2) there would be no payment of a second estate tax 2 upon the death of Gertrude Linck, or a gift tax 3 if she gave the property to the Linck children during her lifetime. The time for filing the written disclaimer lapsed on June 11, 1979, and no extension was possible.Gertrude Linck and the three adult Linck children filed a complaint on June 5, 1981 against attorneys DeYoung and Barokas & Martin, and accountant Sommerfeld, for damages in the amount of one million dollars. The action was based upon their alleged negligence in failing to advise Gertrude Linck to exercise her statutory right of disclaimer. Ultimately, the complaint was dismissed for failure to state a claim upon which relief can be granted. Gertrude Linck and the Linck children appeal from the order of dismissal.
Civil Rule 12(b)(6) permits the dismissal of a complaint "for failure of the pleading to state a claim upon which relief can be granted." In determining the sufficiency of the stated claim it is enough that the complaint set forth allegations of fact consistent with and appropriate to some enforceable cause of action. And, "[w]ell pleaded allegations of the complaint are deemed admitted for purposes of this motion." Dworkin v. First National Bank of Fairbanks, 444 P.2d 777 (Alaska 1968). If, within the framework of the complaint, evidence may be introduced which will sustain a grant of relief to the...
To continue reading
Request your trial
-
State, Dhss v. Native Village of Curyung, No. S-11355.
...Fairbanks Med. & Surgical Clinic, Inc., 531 P.2d 1252, 1257 (Alaska 1975)). 13. Reed, 741 P.2d at 1184 (citing Linck v. Barokas & Martin, 667 P.2d 171, 173 (Alaska 14. 42 U.S.C. § 1983 provides in its entirety: Every person who, under color of any statute, ordinance, regulation, custom, or ......
-
Angnabooguk v. State, No. S-9439.
...Super., February 9, 1999). 6. See Guerrero v. Alaska Hous. Fin. Corp., 6 P.3d 250, 253 (Alaska 2000). 7. Id. 8. Linck v. Barokas & Martin, 667 P.2d 171, 173 (Alaska 9. See Guerrero, 6 P.3d at 254. 10. Kooly v. State, 958 P.2d 1106, 1108 (Alaska 1998); see also Stephens v. State, Dep't of Re......
-
Van Biene v. ERA Helicopters, Inc., No. S-2571
...complaint set forth allegations of fact consistent with and appropriate to some enforceable cause of action." Linck v. Barokas & Martin, 667 P.2d 171, 173 (Alaska 1983). The court "is under a duty to examine the complaint to determine if the allegations provide for relief on any possible th......
-
Christianson v. Conrad-Houston Ins., No. S–14305.
...25.Id. at 765–66. 26.Id. at 767. 27.See Belland v. O.K. Lumber Co., 797 P.2d 638, 640 (Alaska 1990) (citing Linck v. Barokas & Martin, 667 P.2d 171, 173 n. 4 (Alaska 1983)) (setting out elements of professional negligence claim). 28. In contrast, the broker in Gudenau & Co. reassured the in......
-
State, Dhss v. Native Village of Curyung, No. S-11355.
...Fairbanks Med. & Surgical Clinic, Inc., 531 P.2d 1252, 1257 (Alaska 1975)). 13. Reed, 741 P.2d at 1184 (citing Linck v. Barokas & Martin, 667 P.2d 171, 173 (Alaska 14. 42 U.S.C. § 1983 provides in its entirety: Every person who, under color of any statute, ordinance, regulation, custom, or ......
-
Angnabooguk v. State, No. S-9439.
...Super., February 9, 1999). 6. See Guerrero v. Alaska Hous. Fin. Corp., 6 P.3d 250, 253 (Alaska 2000). 7. Id. 8. Linck v. Barokas & Martin, 667 P.2d 171, 173 (Alaska 9. See Guerrero, 6 P.3d at 254. 10. Kooly v. State, 958 P.2d 1106, 1108 (Alaska 1998); see also Stephens v. State, Dep't of Re......
-
Van Biene v. ERA Helicopters, Inc., No. S-2571
...complaint set forth allegations of fact consistent with and appropriate to some enforceable cause of action." Linck v. Barokas & Martin, 667 P.2d 171, 173 (Alaska 1983). The court "is under a duty to examine the complaint to determine if the allegations provide for relief on any possible th......
-
Christianson v. Conrad-Houston Ins., No. S–14305.
...25.Id. at 765–66. 26.Id. at 767. 27.See Belland v. O.K. Lumber Co., 797 P.2d 638, 640 (Alaska 1990) (citing Linck v. Barokas & Martin, 667 P.2d 171, 173 n. 4 (Alaska 1983)) (setting out elements of professional negligence claim). 28. In contrast, the broker in Gudenau & Co. reassured the in......