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Real Property Gift

WI Court of Appeals – District III

Case Name: Alice L. Talmage v. Steven R. Talmage

Case No.: 2021AP002180

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

Focus: Real Property Gift

Alice Talmage gifted real property she owned in trust to two of her children, Steven Talmage and Dianne Talmage, via a trustee’s deed. Alice later contested this transfer. Following a two-day bench trial, the circuit court concluded that the trustee’s deed was valid. It also determined, however, that Steven breached his duty as Alice’s attorney-in-fact and that Steven and Dianne converted some of Alice’s funds without her permission. The court, therefore, entered a money judgment in Alice’s favor against Steven and Dianne. Alice then moved for reconsideration on the basis that the trustee’s deed failed to comply with the trust requirements, but the court denied the motion.

Alice appeals from the circuit court’s judgment and from the court’s order denying her motion for reconsideration. On appeal, Alice argues that the trustee’s deed violated the terms of the trust, that the property transfer was procured as a result of undue influence, that Alice was not competent to execute the trustee’s deed, and that the circuit court erred by failing to include additional amounts in the money judgment. The appeals court saw no error.


Decided 03/14/23

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