Trusts & Estates – Distribution and Attorney Fees

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WI Court of Appeals – District II

Case Name: Gary Milliette v. Margarete Marthe Milliette

Case No.: 2017AP2303

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Trusts & Estates – Distribution and Attorney Fees

From 1997 until 2016, Gary Milliette served as trustee of the Margarete Marthe Milliette 1997 Irrevocable Trust (the Trust), which was established by Gary’s mother, Audrey Milliette, for the benefit of his sister, Margarete Marthe Milliette. In April 2016, the circuit court removed Gary as trustee; terminated the Trust; ordered the distribution of the Trust’s assets to Margarete; and ordered Gary, personally, to pay Margarete $100,000. In November 2017, the court incorporated these rulings into a final order, which also determined the value of the Trust’s assets and ordered Gary to reimburse the Trust for $10,282.80 in attorney fees. Gary now appeals, apparently challenging only the court’s rulings regarding the $100,000 payment to Margarete and reimbursement of the Trust’s attorney fees.  We reject Gary’s arguments and affirm.

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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.