Trusts and Estates – wills — life estates

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Wisconsin Court of Appeals

Civil

Trusts and Estates – wills — life estates

Six of Mary and Donald Popp’s nine children sued to rescind Donald’s sale, after Mary died, of 8.49 acres of the family farm to his second wife and of the remaining family farm acreage to a limited liability company that he had formed with his son Douglas. The six children sought to divide what they claimed to be Mary’s undivided 50% interest in the entire acreage among the nine children, arguing that Donald possessed only a life estate in that 50% interest. They claimed that the quitclaim deeds by which Donald conveyed the two parcels of real estate actually conveyed not full title but only his life estate, which expired upon his death, thus leaving the nine children’s interest in Mary’s 50% share unencumbered by any claims of the purchasers or mortgagors. The circuit court found that pursuant to the unambiguous language of Mary’s will, the holding in Borek Cranberry Marsh, Inc. v. Jackson County, 2010 WI 95, 328 Wis. 2d 613, 785 N.W.2d 615, and Wis. Stat. § 706.10(4) (2011-12), Donald conveyed full title to the real estate, leaving 50% of the proceeds of the sales to be divided among the nine children. For the reasons stated below, we affirm. Not recommended for publication in the official reports.

2012AP1730 In re the estate of Donald J. Popp

Dist IV, Lafayette County, Johnston, J., Kloppenburg, J.

Attorneys: For Appellant: Schluesche, Todd W., Monroe; For Respondent: Skemp, Kim J., Platteville; Martin, Steven W., Waukesha; Tyndall, Susan R., Waukesha