Summary Judgment – Distribution of Assets – Trusts & Estates

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WI Court of Appeals – District III

Case Name: Barbara J. Maloney, et al. v. Francis Maloney, et al.

Case No.: 2018AP67

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

Focus: Summary Judgment – Distribution of Assets – Trusts & Estates

This appeal involves two claims made by Barbara Maloney, as personal representative of the Estate of Thomas R. Maloney (the Estate), against Francis and William Maloney. First, Barbara asserted a partition claim, asking the circuit court to order the sale of real property that the Estate, Francis, and William owned as tenants in common. Second, Barbara made a claim against Francis and William in their capacities as co-trustees of the Mary A. Maloney Family Trust (the Trust), asserting the Estate was entitled to Thomas Maloney’s share of the Trust’s assets. The circuit court granted Barbara summary judgment on both claims and subsequently denied Francis and William’s motion for reconsideration.

We conclude a genuine issue of material fact exists as to whether the real property owned by the Estate, Francis, and William can be divided into parcels of approximately equal value. We therefore reverse that portion of the circuit court’s decision ordering the sale of the property, and we remand for further proceedings on Barbara’s partition claim. However, we conclude the court properly granted summary judgment to Barbara on her claim regarding the distribution of Thomas’s share of the Trust’s assets. We therefore affirm the court’s decision granting Barbara summary judgment on that claim.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.