Wisconsin court upholds contempt finding against brother in family trust dispute over missing documents

A dispute over the management of two family trusts in Wisconsin has resulted in an appeals court upholding a contempt finding against a brother who failed to provide requested financial documents to his sister. The case centred on whether his attempt to disqualify his sister's lawyer justified delaying his discovery responses.In a November 10, 2026, decision in Anne M Bartnik v. Todd A Mackoway, available in Justia, the Wisconsin Court of Appeals affirmed a Marathon County Circuit Court order finding Todd A Mackoway in remedial contempt. The court concluded that he had other legal options to address the discovery deadline but failed to use them.Sister sought brother's removal as trusteeThe dispute began on February 17, 2025, when Anne M Bartnik filed a verified petition seeking to remove her brother as successor general trustee of their mother Shirley Mackoway's two trusts. Bartnik alleged that Mackoway had breached his fiduciary duties by failing to administer the trusts effectively, prudently, impartially and in good faith. She also argued that his alleged hostility towards her made him unsuitable to continue as trustee.She asked the court to require him to provide complete trust accounting records, including information about property, liabilities, receipts and disbursements. Her petition also sought inventories, supporting documents and judicial review of his conduct as their mother's healthcare and financial agent.