Klauser v. Schmitz

¶ 1. Mary Klauser appeals from the circuit court order granting the objection to her appointment as personal representative of the estate of her mother, Audrey R. Schmitz, and appointing Attor ney Brian F. McElligott in her place. Klauser argues that the court erred in concluding that, under Wis. Stat. § 856.23(l)(e) (2001-02) 1 , she was "unsuitable" to act as personal representative due to her possible conflict of interest with the estate regarding assets she and her mother held jointly. Klauser is correct and, therefore, we reverse.

I. BACKGROUND

¶ 2. For many years preceding her death,…