By: Derek Hawkins//April 17, 2018//
WI Court of Appeals – District II
Case Name: Barbara A. Simonson v. Jeanne E. Baivier, et al.
Case No.: 2017AP1462
Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.
Focus: Trusts & Estates – Distribution
Barbara A. Simonson appeals from a final order of the circuit court approving a final plan of distribution for the Estate of John J. Hohler (the Estate) and the John J. and Jane Hohler Trust (the Trust) and ordering surcharges against Simonson.
This is the second appeal from circuit court proceedings involving the Estate and Trust of John and Jane Hohler. Simonson v. Vaira, No. 2016AP113, unpublished slip op. (WI App Sept. 28, 2016). In the prior case, we affirmed the circuit court’s order removing Simonson as personal representative of the Estate and trustee of the Trust. Id. Jeanne E. Baivier was subsequently appointed as a successor trustee, and the circuit court entered an order on June 21, 2017, approving, among other things, the successor trustee’s report and the plan of distribution and ordering sanctions against Simonson. Simonson makes three arguments on appeal: (1) the circuit court erred in imposing surcharges upon her, (2) the court approved a plan of distribution in violation of the express terms of the Trust Agreement, and (3) the court improperly denied compensation relating to allegedly improper lis pendens. As we conclude that the court properly applied its equitable powers, we affirm.