Stoican v. Wagner
Annotate this CaseThis action concerned the Will of Dennis Lawlor, who died in 2012. Audrey and John Stoican filed a complaint contesting the Will, claiming, inter alia, that Dennis lacked testamentary capacity at the time the Will was executed and that he was subject to undue influence. The Stoicans then moved to remove the personal representative and the Estate’s attorneys, alleging conflicts of interest. The district court concluded that the Stoicans lacked standing to contest the Will or to petition for the removal of the personal representative or the Estate’s attorney. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) erred when it determined that Audrey would not succeed to the Estate if the Estate passed by intestacy, and for this reason, the court erred when it determined that Audrey lacked standing to contest the Will; and (2) did not err when it determined that Audrey lacked standing to petition for the removal of the personal representative for cause.
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