Attorney Fees

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WI Court of Appeals – District II

Case Name: Kim Hartshorne, et al. v. James Johnson, et al.

Case No.: 2016AP387

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Attorney Fees

Cross-Appellants Eric Hurkman, Richard McGeehan, and Timothy Wrzesinski appeal the probate court’s denial of their individual requests for attorney fees and costs from the estate of Harold Hartshorne related to the real property date-of-death valuation the personal representatives used in the inventory, interim accounting, and federal real estate tax return filings for the estate.  The court rejected their requests because it concluded that although they had prevailed on the valuation issue, they did not do so in an “appealable contested matter” and thus it did not have authority under the relevant statutes to order such payments. Because we conclude that the matter on which Hurkman, McGeehan, and Wrzenski prevailed was an appealable contested matter, we reverse and remand for a determination of the appropriate amount of attorney fees and costs, if any, to be awarded to them.

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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.