Trusts and Estates

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WI Court of Appeals – District III

Case Name: Keith M. Kuzelka Trust v. Dora E. Kuzelka

Case No.: 2021AP000977

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

Focus: Trusts and Estates

The Keith M. Kuzelka Trust (the Keith Trust) appeals a judgment that: (1) voided a 2009 deed purporting to transfer real property to Keith Kuzelka and his brother; and (2) reverted ownership of the property to two other trusts that had acquired the property in 1995 by warranty deed. The Keith Trust also appeals a money judgment entered in favor of Dora Kuzelka.

The Keith Trust argues that:

(1) Dora made judicial admissions that demonstrate the 2009 deed’s validity. The court did not erroneously exercise its discretion by finding that Dora’s statements were judicial admissions, but they did not affect the legal question regarding the validity of the 2009 deed under WIS. STAT. § 706.02(1)(d).

(2) Dora failed to join the two other trusts on the 1995 deed. The Keith Trust does not adequately explain how an adverse interest existed between Dora and either her trust or John’s trust, other than to incorrectly argue that Dora was claiming that she was the sole, personal owner of the property.

(3) the circuit court erred when it determined that Dora did not ratify the 2009 deed. facts, alone, were sufficient for the court to conclude that Dora did not ratify the 2009 deed. The court’s findings regarding ratification are not clearly erroneous, and those findings support the court’s decision that Dora did not ratify the 2009 deed.

Affirmed.

Decided 10/24/23

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