» Probate fight:
Judge drops ‘explosive’ news, orders it sealed
The judge in a protracted probate fight over the future of an Oak Creek packaging company drops new information on the nearly dozen lawyers involved, calling it “explosive,” but keeping it under seal.
The judge in a protracted probate fight over the future of an Oak Creek packaging company dropped some new information this week on the nearly dozen lawyers involved, news he called “explosive,” but ordered kept under seal.
He also withdrew permission he had recently granted the company’s suspended CEO to see her son, who also works there, over the Christmas holidays, restoring a strict no-contact order imposed earlier in the case.
A hearing Monday had been set for arguments on Jan Drzewiecki’s latest petition to have control of Seville Flexpack Corp. returned to her, just as her father, company founder Walter Yakich, intended via a sophisticated web of his will, trusts and companies.
Instead, Circuit Judge David Borowski ordered the 12 lawyers into his chambers for nearly an hour. Later, he went on the record to outline that he had shared with them information he only learned the week before from the special master he appointed in the case last year after Drzewiecki’s siblings raised concerns over her administration of her late father’s estate, of which Seville is the biggest asset.
Drzewiecki and her twin brother, Jay Yakich, have been replaced as Seville’s top executives by consultants retained by the special master, whom Borowski also appointed to take their spots as trustees of family trusts. The interim management has recommended the closely held company be appraised and sold, so the other siblings can get their inheritances that would otherwise be locked up in non-voting shares of Seville.
Drzewiecki has indicated she would not consider selling the company, and her latest attorney has filed a petition meant to persuade Borowski that he had overreached in supporting the sale and that Walter Yakich’s estate plan must be honored.
The hearing on that request has been rescheduled now for Dec. 5, to give all the lawyers for the various parties — which besides Drzewiecki’s siblings include an educational charity her father left the sum of $4.5 million — time to digest the new information.
‘Rather serious matters’
Borowski would say only that it involves emails written by Drzewiecki, “rather serious matters” with potential implications for the case and other concerns “on several levels.”
The judge, who has already jailed Drzewiecki twice for contempt during two years of the probate litigation, said her latest behavior “shocks the conscience of this court,” and urged her counsel “to have a serious conversation with your client.”
“Clearly, she didn’t listen” to her past lawyers from top law firms Quarles & Brady, and Michael Best & Friedrich, which left the case in a hurry earlier this year, Borowski said.
“This case is far more serious than it was a week ago,” Borowski said.
Borowski has previously referred the dispute to prosecutors for investigation of possible criminal violations. No charges have been filed.
Drzewiecki’s attorney, Mark Foley, said, “We look forward to providing full and complete information, which we believe will exonerate our clients.”