In re Estate of Stuchlik

Edward Stuchlik died testate and was survived by his wife, Margaret Stuchlik, and five children, including John Stuchlik and Kenneth Stuchlik. John sought removal of Margaret as the personal representative of the Edward Stuchlik estate and removal of Margaret and Kenneth as cotrustees of the Edward Stuchlik Family Trust. John asked the court to appoint him as personal representative and trustee in their place. The county court entered judgment in favor of Margaret and Kenneth. The Supreme Court affirmed in most respects and reversed and remanded in part, holding (1) because Margaret was waiting to be discharged as personal representative pending the outcome of this action, any action for her removal as personal representative was without merit; (2) John’s arguments that Margaret and Kenneth should be removed as costrustees based on a theory of a contract for wills or an oral trust between Margaret and Edward were irrelevant to the petition to remove a costrustee; but (3) the court erred in concluding that it lacked jurisdiction to consider allegations pertaining to the extent Margaret’s and Kenneth’s activities as general partners of a partnership related to their fitness as costrustees. View "In re Estate of Stuchlik" on Justia Law