On September 25, 2019 a
Letter,Correspondence
was filed
involving a dispute between
Lynde, Catherine Marie,
and
Enos, Wayne Robert,
for Guardianship/Conservatorship
in the District Court of Isanti County.
Preview
30-PR-19-81
Filed in District Court
State of Minnesota
3/15/2022 2:00 PM
Butts, Schneider and Butts
Attorneys at Law LLP
155 So. Lake Street
Forest Lake, Minnesota 55025
Steve L. Butts* Telephone (651) 464-6162
James F. Schneider Fax: (65l) 464-8l80
Spencer C. Butts
March 9, 2022
Hon. Judge Amy R. Brosnahan
Isanti County Courthouse
555 18th Avenue SW
Cambridge, MN 55008
VIA E-FILING ONLY
Re: The Conservatorship of Wayne Robert Enos, Protected Person
Court File No. 30-PR-19-81
Judge Brosnahan:
This matter was heard before you on October 29, 2021 related to a Petition to Sell Real Estate filed by my client,
A&G Business Services, LLC as Conservator. At the conclusion of that hearing, the Court reserved its decision
on the sale of Mr. Enos’ homestead until a later date.
On January 26, 2022, I was served with a Notice from the Court requesting an update as to the status of this
matter since the last hearing.
Mr. Enos’ daughter Cathy Lynde attended the October hearing and indicated to the Court that despite previous
family tensions, she felt that Wayne’s children could come to an agreement regarding the use of Wayne’s home
short of an outright sale and come up with a proposal for the use of the house that would be mutually beneficial
to Wayne’s children.
My client reiterated that the sale was in Wayne’s best interests and that she was not in a position to allow some,
but not all of Wayne’s children to use his house. To allow for some children to use the homestead but not others
would only further family divisions and put my client in the middle of a situation where she is forced to “play
referee” between the children and be the bad guy when it came to enforcing the rules around the use of the
property. She was not then and is not now in a position to create an agreement for Wayne’s children for them
regarding the use of the home.
At the hearing, Mr. Enos generally supported keeping the homestead in his family and allowing for his children
to use the property, but he is and continues to be a vulnerable adult.
Since the last hearing in this matter, Mr. Enos has on multiple occasions contacted my client and told her that he
does not wish to have the house kept for his children anymore. Additionally, none of Wayne’s children have
reached out to my client with a proposal for the use of the property, payment of the utilities, taxes, or other
holding costs. My client is willing to hear any reasonable offers that all of Wayne’s children agree to, but based
on comments made to my client by various children, such an agreement seems unlikely to ever come to fruition.
*Real Property Law Specialist Certified by the
Real Property Law Section of the Minnesota Bar Association
30-PR-19-81
Filed in District Court
State of Minnesota
3/15/2022 2:00 PM
Butts, Schneider and Butts
Attorneys at Law LLP
155 So. Lake Street
Forest Lake, Minnesota 55025
Steve L. Butts* Telephone (651) 464-6162
James F. Schneider Fax: (65l) 464-8l80
Spencer C. Butts
Wayne has also been examined and undergone a general cognitive examination twice since the last hearing.
Those results are confidentially field along with this letter. The upshot of these examinations as I read them is
that Wayne is no longer capable of living independently and should not return home.
Given Wayne’s continuing diagnosis, his recent insistence on selling the homestead, and his children’s inability
to come to an agreement as to the use and payment for the homestead holding costs, it is our position that the
sale of Wayne’s home remains in his best interests.
Respectfully submitted,
/s/ Spencer C. Butts
Spencer C. Butts (# 392116)
spencerbutts@lakesidelawyers.com
*Real Property Law Specialist Certified by the
Real Property Law Section of the Minnesota Bar Association
Document Filed Date
March 15, 2022
Case Filing Date
September 25, 2019
Category
Guardianship/Conservatorship
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
30-PR-19-81 Filed in District Court State of Minnesota 3/15/2022 2:00 PM Butts, Schneider and Butts Attorneys at Law LLP 155 So. Lake Street Forest Lake, Minnesota 55025 Steve L. Butts* Telephone (651) 464-6162 James F. Schneider Fax: (65l) 464-8l80 Spencer C. Butts March 9, 2022 Hon. Judge Amy R. Brosnahan Isanti County Courthouse 555 18th Avenue SW Cambridge, MN 55008 VIA E-FILING ONLY Re: The Conservatorship of Wayne Robert Enos, Protected Person Court File No. 30-PR-19-81 Judge Brosnahan: This matter was heard before you on October 29, 2021 related to a Petition to Sell Real Estate filed by my client, A&G Business Services, LLC as Conservator. At the conclusion of that hearing, the Court reserved its decision on the sale of Mr. Enos’ homestead until a later date. On January 26, 2022, I was served with a Notice from the Court requesting an update as to the status of this matter since the last hearing. Mr. Enos’ daughter Cathy Lynde attended the October hearing and indicated to the Court that despite previous family tensions, she felt that Wayne’s children could come to an agreement regarding the use of Wayne’s home short of an outright sale and come up with a proposal for the use of the house that would be mutually beneficial to Wayne’s children. My client reiterated that the sale was in Wayne’s best interests and that she was not in a position to allow some, but not all of Wayne’s children to use his house. To allow for some children to use the homestead but not others would only further family divisions and put my client in the middle of a situation where she is forced to “play referee” between the children and be the bad guy when it came to enforcing the rules around the use of the property. She was not then and is not now in a position to create an agreement for Wayne’s children for them regarding the use of the home. At the hearing, Mr. Enos generally supported keeping the homestead in his family and allowing for his children to use the property, but he is and continues to be a vulnerable adult. Since the last hearing in this matter, Mr. Enos has on multiple occasions contacted my client and told her that he does not wish to have the house kept for his children anymore. Additionally, none of Wayne’s children have reached out to my client with a proposal for the use of the property, payment of the utilities, taxes, or other holding costs. My client is willing to hear any reasonable offers that all of Wayne’s children agree to, but based on comments made to my client by various children, such an agreement seems unlikely to ever come to fruition. *Real Property Law Specialist Certified by the Real Property Law Section of the Minnesota Bar Association 30-PR-19-81 Filed in District Court State of Minnesota 3/15/2022 2:00 PM Butts, Schneider and Butts Attorneys at Law LLP 155 So. Lake Street Forest Lake, Minnesota 55025 Steve L. Butts* Telephone (651) 464-6162 James F. Schneider Fax: (65l) 464-8l80 Spencer C. Butts Wayne has also been examined and undergone a general cognitive examination twice since the last hearing. Those results are confidentially field along with this letter. The upshot of these examinations as I read them is that Wayne is no longer capable of living independently and should not return home. Given Wayne’s continuing diagnosis, his recent insistence on selling the homestead, and his children’s inability to come to an agreement as to the use and payment for the homestead holding costs, it is our position that the sale of Wayne’s home remains in his best interests. Respectfully submitted, /s/ Spencer C. Butts Spencer C. Butts (# 392116) spencerbutts@lakesidelawyers.com *Real Property Law Specialist Certified by the Real Property Law Section of the Minnesota Bar Association