Stoican v. Wagner
Montana Supreme Court
1DissentJustice McKINNON
¶35 I cannot subscribe to the Court’s analysis under Issue One, although I agree that Appellants have standing to contest the decedent’s will. Further, the Court’s resolution of Issue Two is inconsistent with its resolution of Issue One. I fail to understand how an “interested person” with standing to contest a will does not similarly have standing to petition for removal of a personal *290representative so designated because of provisions of that contested will. The Court’s analysis is flawed: first, in its failure to correctly apply statutory distinctions between informal and formal probate;…
2Cases cited5 opinions
- In Re Estate of JonesWashington Supreme Court · 2004
- Matter of Estate of PetersonMontana Supreme Court · 1994
- Wharff v. RohrbackCourt of Appeals of Oregon · 1998
- Genins v. BoydCourt of Appeals of Georgia · 1983
- In Re Estate of HitchcockCourt of Appeals of Washington · 2007