in wisconsin can a person who is poa then loses it from the courts act as a pr for a will

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in wisconsin can a person who is poa then loses it from the courts act as a pr for a will

My sister had her poa taken away from her now that my dad passes away she has
been listed as a pr can she still be a pr

Asked on January 8, 2018 under Estate Planning, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if she was named as executor or personal representative by the will, or if a court otherwise (e.g. on her application or motion) appoints her to that role, she may be this. What happened to her in regards to the POA is a factor that a court may considered in deciding who gets this role, but a court does not have to consider it and it does not legally or automatically disqualify her. And if she is named to this role in the will, then a court will enforce the will's choice of her unless she can be shown to be doing something improper *now*, in regards to the will or estate (e.g. not following the will; misappropriating money from the estate; etc.), in which case any heirs or beneficiaries could file a legal action to challenge her appointment.


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