Contempt issue remains open following Viken estate hearing 
by Karyn Eckert
The Star News
October 16, 2009, 11:30 a.m. —  An action in Taylor County Circuit Court Friday morning ended the special administration of the Jean A. Viken estate and moved it into formal probate proceedings.
Jean Viken disappeared from her Holway home in January 2008. Her body was found in May that year. A murder investigation remains open with no arrests made.
Friday morning’s heard had two parts. First, to dismiss the special administrator and move to formal administration, and second, a contempt hearing against Viken’s husband, Duane R. Viken.
According to court records, an injunction dated June 24, 2008 prohibited Duane Viken from transferring or encumbering jointly owned real estate or cashing in or disposing of Jean Viken’s IRAs or other accounts.
At an August 19, 2009 hearing, attorney Bonnie Wachsmuth, representing the estate’s special administrator Jane Hempel, said Duane Viken violated that order by cashing an insurance check written to himself and the estate for the value of a minivan. Viken said he used the money to purchase another vehicle for transporting the couple’s four children.
Judge Ann Knox-Bauer had ordered Viken to pay back the estate’s half of the insurance settlement as well as Wachmuth’s attorney fees.
Wachsmuth filed a motion for contempt when her office did not receive payment by the court imposed deadline.

Friday’s hearing
Duane Viken’s attorney, Lester Liptak, was not in court with his client Friday morning. Viken told the court he thought the issue had been settled and he had papers from to give to Wachsmuth, but she wouldn’t meet with before the hearing.
Judge Knox-Bauer granted Wachsmuth’s motion to end special administration and proceed to formal probate. Wachsmuth expressed the need for the estate “to be moving forward.”
In the contempt hearing, Wachsmuth said Liptak dropped off checks totaling $4,802.43. She said she contacted the bank and the checks were good as of last night.
Wachsmuth also said Viken violated the 2008 injunction on the real estate by transferring it into his name only. Included in the papers Viken brought with him were a quitclaim deed changing the property back to joint ownership. An affidavit signed by Viken stated he was unaware of any leins on the property outside of the existing mortgage.
Wachsmuth said she was concerned Viken may have taken out a loan with the property as collateral, and that transfer fees had not been paid. “I certainly think Mr. Viken should be paying any fees for title work,” she said.
In response to the allegations, Viken said he had mailed the insurance settlement portion to his attorney within three days of the August 19 hearing. Knox-Bauer questioned the date on the check, which read September 11. “I’m not sure why the check is dated September 11,” Viken replied, “but it was mailed to my attorney almost immediately after the hearing.”
Viken also said at the last hearing, the judge told the two attorneys to get together and work it out. Viken said Liptak was unable to reach Wachsmuth because her office’s phones were not working. “That’s completely not true,” Wachsmuth responded.
Knox-Bauer stated the contempt part of the hearing would remain open for Wachsmuth to investigate the possibility of liens on the property’s title. She was stern in her assertion that Viken had not followed through with her order to pay back the insurance money. “I’m not satisfied that you made a reasonable attempt to take care of this,” she said.
Viken blamed the lack of communication between attorneys. “It’s obvious that the two attorneys can’t get together,” he said.
Knox-Bauer emphasized the payment was still clearly beyond the set deadline and that Viken had provided her with no proof that he had paid on time. She ordered that he pay Wachsmuth $543.73 for attorney fees due by November 16.
Viken asked how he was supposed to come up with more money for attorney fees when he had already paid nearly $5,000. “I have a family of four children to take care of,” he said.
Judge Knox-Bauer told him he needed to come to the court if he was having trouble and reminded him it was his, not the attorneys’, responsibility to take care of this matter. “I gave you a time limitation,” she said.
The judge granted Viken a payment plan of $100 per month with the first payment due November 16.

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