01-3344 In re the Estate of Wheeler; Wheeler v. Franco

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Creditors filed a $20,000 claim against the estate; the personal representative filed an objection, hired counsel and had an opportunity to settle for $13,000. The other beneficiaries refused to consent, hired their own counsel and took the matter to trial with a $9,800 result.

Even though the other beneficiaries were the second objectors, they provided a significant benefit to the estate and it was within the discretion of the trial court to award prevailing party fees.

The “prevailing party” can include any parties on the winning side; it may encompass multiple interested parties who register objections and defend jointly through their respective counsels.

The estate fails to understand that the line of cases establishing the “equitable extraordinary circumstances” doctrine has no application to Wis. Stat. sec. 879.37.

Affirmed.

Recommended for publication in the official reports.

Dist II, Kenosha County, Schroeder, J., Brown, J.

Attorneys:

For Appellant: John E. Hotvedt, Burlington

For Respondent: Geoffrey Dowse, Kenosha