In the Matter of Estate of Niemiec

CONOVER, Judge.

George H. Niemiec and other heirs at law (heirs) of John Wilfred Niemiec, deceased, (John) appeal the entry of summary judgment in favor of Western State Bank (Bank) and J. Robert Niemiec (Robert) in their proceeding to contest John’s will.

We reverse.

ISSUES

While several issues were properly raised and briefed by the parties, we need discuss only the first one, namely, whether the trial court erred in issuing a protective order which prohibited the taking of a deposition from John’s former attorney for submission to the trial court in summary judgment proceedings.

FACTS

John died…