Trusts & Estates

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Venue: WI Court of Appeals – District III

Case Name: Alondra Plymire v. Cynthia Romnek, et al

Case No.: 2014AP2759

Officials: Stark, P.J., Hruz and Seidl, JJ.

At the time of James Plymire’s death, his sister, Cynthia Romnek, was listed as the primary beneficiary for his retirement account and a life insurance policy. James’ wife, Alondra Plymire, was listed as the secondary beneficiary. Following James’ death, Alondra commenced this lawsuit, asking the circuit court to establish a constructive trust for her benefit over the retirement account and life insurance proceeds. The court ultimately ordered the establishment of a constructive trust in the amount of $110,000 to pay Alondra’s educational expenses and a constructive trust in the amount of $100,000 to pay educational and medical expenses for Cynthia’s daughter, Rachael Romnek. Alondra appeals, asserting the circuit court erred by: (1) limiting the amount of the constructive trust for her benefit to $110,000 and ordering that those funds be used only for educational expenses; (2) declining to award her attorney fees; and (3) establishing a constructive trust for Rachael’s benefit. Cynthia cross-appeals, arguing the court erred by establishing a constructive trust for Alondra’s benefit and denying Cynthia’s motion for reconsideration. We conclude the court erred by establishing both constructive trusts. We therefore reverse.

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.