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ESTATE OF BYDALEK v. METROPOLITAN LIFE INS. CO.

No. 97-1354.

220 Wis.2d 739 (1998)

584 N.W.2d 164

The ESTATE OF Steven Michael BYDALEK, deceased, by Lori Bydalek, as Special Administrator, Plaintiff-Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY and Executive Life of New York, Defendants-Respondents, Frank BYDALEK, Sr., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 1, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Linda S. Isnard and Gilbert J. Berthelsen of Capwell & Berthelsen of Racine.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Sally Yule Mengo, Christine M. Genthner and Loren J. Keating of Sally Yule Mengo, S. C. of Kenosha.

Before Snyder, P.J., Brown and Nettesheim, JJ.

NETTESHEIM, J.

The issues on appeal concern the distribution of the remaining proceeds of a personal injury structured settlement negotiated on behalf of the deceased, Steven Michael Bydalek, while he was under a guardianship as an incompetent. On the application for the annuity contract which funded the settlement, Steven's personal injury attorney designated Frank and Katherine Bydalek, Steven's parents and his guardians, as beneficiaries of the annuity payments...

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