Trusts & Estates – Distribution of Trust Assets

Listen to this article

WI Court of Appeals – District I

Case Name: David Oberhofer, et al. v. Vincent Oberhofer

Case No.: 2016AP2304

Officials: Brennan, P.J., Brash and Dugan, JJ.

Focus: Trusts & Estates – Distribution of Trust Assets

David Oberhofer, Andrew Oberhofer, Kurt Oberhofer, and Michael Oberhofer (collectively “the Oberhofer sons”) appeal from an order of the trial court directing the distribution of trust assets to the estate of their mother, Hallie Oberhofer; the trial court had granted a motion for distribution made by their father, Vincent Oberhofer, as personal representative for the estate. The Oberhofer sons allege that a written request for the distribution of the funds, which was signed by Hallie before her death, was the result of undue influence or made under duress, or that Hallie was incompetent when she signed it. Thus, they contend that the trial court erred in granting Vincent’s dispositive motion without allowing discovery or conducting an evidentiary hearing on these issues. We agree, and therefore reverse and remand this matter to the trial court for further proceedings.

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.