Trusts and Estates — laches

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Wisconsin Court of Appeals

Civil

Trusts and Estates — laches

Kathleen Miller’s grandmother, Rosie Smith, died in 1987, after telling Miller she would inherit Rosie’s entire estate. Miller did not seek to enforce her perceived right to the real property comprising Rosie’s estate until 2011, after Miller’s father died and it was believed he had fraudulently transferred the real property into his own name. The circuit court concluded the equitable doctrine of laches barred Miller’s efforts to enforce her grandmother’s will and set aside the allegedly fraudulent conveyances. We agree with the circuit court that the undisputed facts establish the elements of laches. Further, we conclude the court did not erroneously exercise its discretion when it applied the doctrine. Accordingly, we affirm. This opinion will not be published.

2013AP2135 Miller v. The Estate of Arthur D. Smith Sr. et al.

Dist III, Douglas County, Thimm, J., Per Curiam

Attorneys: For Appellant: Alderman, Kimberly L., Madison; Dahm, Chelsey Suzanne, Madison; For Respondent: Gramstrup, Chris A., Superior; Salzer, Theodore D., Superior