Litherland v. Jurgens

Under the terms of the will of Etta Jurgens (the decedent), Janice Litherland was to receive certain real estate if it was owned by Etta at the time of her death. Gary Jurgens (Jurgens) and Velda Lenners were also beneficiaries under the decedent’s will. Prior to the decedent’s death, Jurgens, as the decedent’s attorney in fact, sold the property. Under a separate provision of the will, the proceeds from the sale were deposited into the decedent’s bank accounts and divided equally among Litherland, Jurgens, and Lenners upon the decedent’s death. Litherland later brought this action against Jurgens and Lenners for unjust enrichment, intentional interference with an inheritance, and conspiracy. The district court dismissed Litherland’s action. Litherland appealed, challenging the district court’s dismissal of her claims for interference with an inheritance and conspiracy. At issue on appeal was whether Nebraska recognizes a cause of action for the tort of intentional interference with an inheritance. The Supreme Court declined to adopt the tort as a cause of action that is permitted in Nebraska and therefore affirmed the district court, concluding that without such an underlying tort, both of Litherland’s claims challenged on appeal failed. View "Litherland v. Jurgens" on Justia Law