Trust & Estates – Power of Attorney – Accounting

Listen to this article

Civil

WI Court of Appeals – District IV

Officials: Kloppenburg, P.J., Higginbotham, and Blanchard, JJ.

Trust & Estates – Power of Attorney – Accounting

2014AP2878 Kristin Robbins DDS v. Thomas Foseid

This case involves unequal transfers of money by the late Mary Jane Foseid to her children, focusing on the fact that Mary Jane transferred what could be considered a double share of settlement money that Mary Jane had received to one of her children, Kathryn Walters, but transferred only a nominal share of the settlement money to another of her children, Kari Foseid, who is disabled.1 In this action, yet another of Mary Jane’s children, Kristin Robbins, filed a petition requesting the circuit court to (1) impose a constructive trust on the transferred money that Robbins claims that Walters holds for Kari’s benefit, or (2) order Robbins’ brother Thomas Foseid, as power of attorney for Kari, to demand an accounting from Walters of this money and to direct that the transferred money be placed in trust for Kari. The circuit court denied Robbins’ motion for summary judgment, granted summary judgment in favor of Thomas and Walters, and dismissed Robbins’ petition. Robbins appeals. For the following reasons, we affirm each decision.

Decision

Affirmed. Per Curiam.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.