Guardianship & Conservatorship of Novotny

WILBUR, Retired Justice

[¶1.] The sole beneficiary of an irrevocable trust petitioned the circuit court to terminate the trust and distribute the trust property to her. After a hearing on the beneficiary’s 'motion for summary judgment, the circuit court refused to terminate the trust and entered summary judgment in favor of the trustees. The beneficiary appeals. We reverse and remand.

Background

[¶2.] Mary Novotny and Paul Novotny Sr. had six children: Catherine, Teresa, Mark, Paul Jr., Bruce, and Marianne. In 2007, Mary executed her last will and testament dévising her estate in equal shares to…