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Estate – Special Administration

By: Derek Hawkins//September 22, 2021//

Estate – Special Administration

By: Derek Hawkins//September 22, 2021//

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WI Court of Appeals – District III

Case Name: Kimberly Winter v. James Winter

Case No.: 2019AP1374; 2020AP702

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

Focus: Estate – Special Administration

In these consolidated appeals, Kimberly Winter appeals an order dismissing her civil case against James Winter, and she also appeals an order denying her petitions for formal and special administration of the Estate of Augustus Pocius Winter (“the Estate”). In both cases, Kimberly sought to contest the validity of a quitclaim deed that purportedly transferred real property in Oneida County from Kimberly’s father, Augustus Pocius Winter, to Kimberly’s brother, James Winter. In Kimberly’s civil case, the circuit court concluded that it lacked subject matter jurisdiction over Kimberly’s claims because a Wisconsin probate court would have exclusive jurisdiction over those claims. Kimberly then filed petitions for formal and special administration of the Estate, and the court denied her petitions, concluding that previous litigation in California barred Kimberly’s claims under the doctrine of issue preclusion.

On appeal, Kimberly argues, among other things, that the circuit court erred when it failed to grant her petition for special administration of the Estate and that the court prematurely considered the matter of issue preclusion before appointing a special administrator. We agree and reverse the court’s decision to deny Kimberly’s petition for special administration, and remand for the court to appoint a special administrator. Because the appointment of a special administrator will invariably allow Kimberly to contest the validity of the quitclaim deed, Kimberly’s appeal in her civil case is moot, and we dismiss that appeal.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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