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IN RE WILL OF KIPKE

No. C5-01-1966.

645 N.W.2d 727 (2002)

In re the WILL and appointment of Estate OF Thomas J. KIPKE, deceased, Respondent, and Conservatorship of Carol Kipke and Life Insurance Company of the Southwest, Respondent, v. John G. KIPKA, Appellant, and Terrance J. Kipke, et al., Intervenors.

Court of Appeals of Minnesota.

June 4, 2002.

Attorney(s) appearing for the Case

James B. Gasperini, Afton Law Office, P.A., Afton, for respondent Estate of Thomas Kipke.

David T. Magnuson, Margaret M. Murphy, Magnuson Law Firm, Stillwater, for appellant.

George L. May, May & O'Brien Law Offices, Hastings, MN, for intervenors.

Considered and decided by HALBROOKS, Presiding Judge, PETERSON, Judge, and HUSPENI, Judge.

OPINION

HUSPENI, Judge.*

In challenging the district court's grant of summary judgment to intervenors and respondent estate, appellant argues that the district court erred in determining that (1) the Minnesota Durable Power of Attorney Act prohibits appellant from receiving benefits of a decedent's non-probate assets because decedent designated appellant as his attorney-in-fact prior to naming him a beneficiary of those assets...

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