Legal Opinion · Dissent

Stoican v. Wagner

Montana Supreme Court

Decided February 24, 2015No. DA 14-0310Published

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

  1. In Re Estate of JonesWashington Supreme Court · 2004
  2. Matter of Estate of PetersonMontana Supreme Court · 1994
  3. Wharff v. RohrbackCourt of Appeals of Oregon · 1998
  4. Genins v. BoydCourt of Appeals of Georgia · 1983
  5. In Re Estate of HitchcockCourt of Appeals of Washington · 2007

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