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Trusts and Estates — conflicts of interest

Wisconsin Court of Appeals

Civil

Trusts and Estates — conflicts of interest

Eric and Todd Fanetti appeal a judgment that dismissed their claims against Marilyn J. Fanetti and the Donald A. Fanetti and Marilyn J. Fanetti 2004 Revocable Trust (the Revocable Trust). Eric and Todd argue that Marilyn had an impermissible conflict of interest in her role as both trustee and beneficiary of the Revocable Trust, and that she breached her fiduciary duties as trustee by making decisions that benefitted her own interests, to the other beneficiaries’ detriment. Eric and Todd also argue the circuit court erred when it “accepted for issue preclusion purposes a finding of the Probate Court as to the allocation of assets[.]” Finally, Eric and Todd argue the court erred by awarding Marilyn and the Revocable Trust damages on their counterclaims. For the reasons set forth below, we affirm. This opinion will not be published.

2013AP1870 Fanetti v. Fanetti et al.

Dist III, Dunn County, Lundell, J., Per Curiam

Attorneys: For Appellant: Hunt, Kay N., Minneapolis; Anderson, Steven M., Eau Claire; For Respondent: Moore, Terry, Eau Claire; Finn, Stephanie L., Eau Claire


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