Swiger by and through DeHaven v. Smith

On May 4, 2016, Respondents again moved to dismiss the appeal, arguing DeHaven lacked standing to prosecute the appeal because DeHaven's status as Swiger's "attorney-in-fact" terminated upon Swiger's death, and DeHaven had not provided any information indicating a personal representative had been appointed, an executor had been appointed, or a probate estate had been opened. This court denied the motion **415to dismiss but ruled Respondents could raise the standing issue during briefing.

Standard of Review

"An action to contest a will is an action at law, and in such cases reviewing courts will…