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Trusts and Estates — trust assets — extrinsic evidence

By: WISCONSIN LAW JOURNAL STAFF//March 20, 2012//

Trusts and Estates — trust assets — extrinsic evidence

By: WISCONSIN LAW JOURNAL STAFF//March 20, 2012//

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Wisconsin Court of Appeals

Civil

Trusts and Estates — trust assets — extrinsic evidence

Joyce Nigg appeals that part of a judgment determining three CoVantage Credit Union certificates of deposit are the property of the Marvin Nigg Revocable Trust. Joyce argues that an “account change card” signed by her husband, Marvin Nigg, unambiguously reclassified the subject CDs from individually owned to jointly owned with survivorship. Joyce therefore contends that the circuit court erred by relying on extrinsic evidence to conclude that Marvin intended the CDs to be part of the trust assets. We agree. That part of the judgment is therefore reversed and the matter is remanded to the circuit court with directions to declare that the CDs belong to Joyce. This opinion will not be published.

2011AP2076-FT Nigg v. Marvin Nigg Revocable Trust

Dist III, Oconto County, Judge, J., Per Curiam

Attorneys: For Appellant: Anderson, Mary Susan, Wausau; For Respondent: Rhode, John B., Antigo

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