Estate of Lawlor, 2015 MT 54 (Feb. 24, 2015) (Wheat, J.; McKinnon, J. dissenting) (5-2, aff’d & rev’d)
Issue: (1) Whether the district court erred in holding that Audrey lacked standing to contest Dennis’s will, and (2) whether the district court erred in determining that Audrey lacked standing to petition for the removal of the PR for cause.
Short Answer: (1) yes, and (2) no.
Reversed on (1), affirmed on (2)
Facts: Dennis Lawlor executed a will on Dec. 6, 2012, and died the next day. He had no children, and was survived by three siblings, Antoinette, Mary, and John. His sister Joan predeceased him, and was survived by her daughter, Audrey, and Audrey’s son, John. The will devised all of Dennis’s estate to his living sisters, Antoinette and Mary.…