Estate of Bartelson

SANDSTROM, Justice.

[¶ 1] Neil Bartelson appeals from an order denying his petition to remove Guardian and Protective Services (“GAPS”) as personal representative of Ralph Bartelson’s estate and to appoint him as successor personal representative. Because the district court failed to apply the presumption of undue influence and incorrectly presumed there can be no undue influence if the principal is lucid, we reverse and remand.

I

[¶ 2] This is the third time this case has been before us. The facts of this case have been explained in detail in Estate of Bartelson, 2011 ND 219, 806 N.W.2d 199…