01-1228 In Re the Estate of Margaret Barber, deceased: Estate of Margaret Barber, by its Personal Representative, Franke, v. Stoviak

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Carole Barber Stoviak appeals from a circuit court judgment admitting the will of her mother, Margaret Barber, into probate over Carole’s objection. The Last Will and Testament of Margaret Barber, dated Dec. 30, 1997, disinherited Carole and divided Margaret’s estate between her two other daughters including Barbara L. Franke, who is designated as Margaret’s personal representative and power of attorney. The circuit court rejected Carole’s argument that Margaret’s will was the product of Barbara’s undue influence.

Carole raises several challenges to the circuit court’s judgment. First, Carole argues that the circuit court erred in its determination that a fiduciary relationship was not established when Margaret appointed Barbara as her power of attorney. Second, Carole argues that the circuit court made legal and factual errors regarding the law of undue influence. While we agree with Carole that Barbara stood in a fiduciary relationship vis-a-vis Margaret, we nonetheless uphold the court’s determination that Barbara did not commit any acts of undue influence in violation of that relationship.

Therefore, we affirm the judgment.

Not recommended for publication in the official reports.

Dist II, Ozaukee County, McCormack, J., Nettesheim, P.J.

Attorneys:

For Appellant: Mark Murphy, Milwaukee

For Respondent: Raymond G. Meyer II, Port Washington