It’s not often that a personal representative asks a court to remove her. It’s probably less often that a trial court refuses to remove a personal representative who asks to be removed. But, that was the situation before the Court of Appeals of Wisconsin in Rapp v. Weller. The appellate court, however, ultimately decided that the personal representative should be removed for an unmanageable conflict of interest. What was the conflict of interest?
The personal representative had conflicts stemming from her fiduciary duties to the estate she represented and her personal interest as an heir of that same estate. Laura Rapp had been appointed as personal representative for her brother Laurence Berg’s estate. She participated in a mediation and signed a settlement agreement on the estate’s behalf.Read More