Justia Nebraska Supreme Court Opinion Summaries

Articles Posted in Trusts & Estates
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The Supreme Court dismissed for lack of a final, appealable order the probate court's denial of Appellant's "Verified Petition for Instruction" referencing Neb. Rev. Stat. 30-402, holding that the petition was not final and appealable.Appellant was a child of Rosa and Armengol Beltran, both deceased. After Armengol's death, a probate estate was opened. In an attempt to investigate his allegations that his sister and her husband failed to pay back loans owed to Rosa and Armengol Appellant served his brother-in-law with a deposition duces tecum requesting that he produce certain tax returns. When the request went unanswered Appellant filed his "Verified Petition for Instruction" asking that his sister appear and account for her actions in Rosa's estate. The probate court denied the petition for instruction. The Supreme Court dismissed Appellant's appeal, holding that the probate court's order denying Appellant's petition did not affect Appellant's substantial rights and was therefore not final. View "In re Estate of Beltran" on Justia Law

Posted in: Trusts & Estates
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The Supreme Court affirmed in part and reversed in part the judgment of the county court denying petitions to recover fees and expenses incurred by a nominated personal representative and his attorney who unsuccessfully probated a will that the attorney drafted, holding that the court's reasons for denying fees and expenses for services after the decedent's death were legally erroneous.The Supreme Court reversed the county court's denial of compensation for actions taken after the decedent's death and remanded the case, holding (1) the county court did not err in finding that claims for fees and expenses from the estate for services performed by the attorney prior to the decedent's death were time barred; (2) the court's reasons for denying expenses and fees for services after the decedent's death were erroneous; and (3) the remaining requests for relief were not supported by a discernible legal argument. View "In re Estate of Giventer" on Justia Law

Posted in: Trusts & Estates
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The Supreme Court reversed the rulings of the district court on summary judgment invalidating a transfer-on-death (TOD) executed by Wife before her death naming Daughter as the designated beneficiary to her interest in a house titled solely in Wife's name and dismissing Daughter's counterclaim for slander of title, holding that the TOD deed was not invalid.Husband, who died during the course of these proceedings, brought this action alleging that he was the rightful owner of the house at issue because, in part, the TOD deed was invalid because "Nebraska deeds conveying an interest in real property held by a married person must be executed by both spouses." Daughter counterclaimed for slander of title. The court sustained Husband's motion for partial summary judgment, finding that the TOD deed was void as a matter of law for failing to satisfy Neb. Rev. Stat. 40-104. The Supreme Court reversed, holding (1) as a matter of law, section 40-104 does not apply to TOD deeds; and (2) the TOD in this case was not void, and Daughter counterclaim was no longer moot. View "Chambers v. Bringenberg" on Justia Law

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The Supreme Court affirmed in part and reversed in part the order of the district court declaring that the marriage between Steven Greg Meyer (Greg) and Molly Stacey, deceased, to be null and void and ordering Greg and his son, Mark Meyer, to execute instruments to relinquish certain property interests they obtained from Molly before her death, holding that Greg and Mark's arguments on appeal lacked merit.After Molly was diagnosed with cancer, Molly and Greg married. Just over one week later, Molly died intestate. Molly's adult children filed a declaratory judgment action against Greg and Mark seeking declarations that the property interest changes Molly made in favor of the Meyers and her marriage to Greg were void and invalid. The district court generally found in favor of Molly's children and the special administrator. Both parties appealed. The Supreme Court affirmed in part and reversed in part, holding (1) Greg and Mark's jurisdictional assignments of error lacked merit; (2) the district court correctly found that Molly lacked the requisite mental capacity and acted under undue influence; and (3) the district court erred in failing to rule that a boat Molly purchased and titled in Mark's name should be regarded as held in a resulting trust by Mark for Molly's benefit. View "Malousek v. Meyer" on Justia Law

Posted in: Trusts & Estates
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The Supreme Court affirmed the district court's entry of summary judgment concluding that Robert Bohling's father left a valid will, holding that there was no merit to any of Robert's assignments of error.When Willis Bohling (Bohling) died, he left a self-proved will. His daughter, Kimberly Bohling, initiated informal probate proceedings and was appointed the personal representative of Bohling's estate. Robert objected and filed a petition seeking dismissal of the informal probate application and requesting a determination of intestacy, a determination of heirs, and appointment of a special administrator. Kimberly moved for summary judgment, arguing that the will was valid and should be admitted to probate. The district court granted summary judgment for Kimberly. The Supreme Court affirmed, holding that Robert's arguments on appeal were without merit. View "Bohling v. Bohling" on Justia Law

Posted in: Trusts & Estates
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The Supreme Court reversed the judgment of the district court determining that Shawn Zutavern and his son, Russell Zutavern, were not beneficiaries of a trust created by Shawn's father, William Zutavern, and lacked standing to assert an action against the trusts's trustee, holding that the district court erred in relying upon Neb. Rev. Stat. 30-3855(d) to conclude that the trustee exclusively owed duties to Wm. Zutavern Cattle Co. (WZCC).Shawn and Russell petitioned the district court for removal of Meredith Zutavern, William's surviving spouse, as trustee of the William R. Zutavern Revocable Trust. Shawn and Russell then moved to enjoin Meredith's potential sale of the family ranch, managed by WZCC. The district court dismissed the petition and motion for temporary injunction, finding that Shawn and Russell lacked standing because they were not named beneficiaries under the trust. The Supreme Court reversed and remanded the case, holding (1) Shawn and Russell were beneficiaries and had standing; and (2) the district court's interpretation of section 30-3855(d) was erroneous. View "In re William R. Zutavern Revocable Trust" on Justia Law

Posted in: Trusts & Estates
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The Supreme Court reversed the judgment of the probate court finding that an $875,000 charitable bequest to a nursing home facility lapsed and ordering the funds to be distributed to the residuary of the estate, holding that the bequest did not lapse.In the decedent's will, the decedent bequeathed the sum of $875,000 to Hamilton Manor, a nursing home facility in Aurora, Nebraska, owned by Hamilton County and operated through the Hamilton Manor Board of Trustees. Plaintiff, as personal representative, asked that the court find the charitable bequest had failed and order the proceeds to be administered as part of the residue of the estate. The court found that the bequest to Hamilton Manor had lapsed. The Supreme Court reversed, holding that the probate court erred in finding that the gift to Hamilton Manor had lapsed. View "In re Estate of Akerson" on Justia Law

Posted in: Trusts & Estates
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The Supreme Court affirmed the decision of the county court declining to approve a nonjudicial settlement agreement, holding that the agreement violated a material purpose of the trust, of which Appellant was a beneficiary.Appellant, a beneficiary of a trust created by his father, now deceased, filed this action in the county court seeking approval of a trust settlement agreement entered into between Appellant, his mother, and his sister. Appellant further sought an order requiring compliance with the terms of the agreement. The trial court issued an order rejecting the agreement and finding that the agreement was nonbinding under Neb. Rev. Stat. 30-3811. The Supreme Court affirmed, holding that the probate court did not err in finding that the agreement altered a material purpose of the trust and in declining to approve the agreement. View "In re Trust Created by McGregor" on Justia Law

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In this estate settlement action, the Supreme Court dismissed the appeal of the county court's dismissal of Matthew Larson's objection to a proposed schedule of distribution, holding that this Court lacked jurisdiction to address Matthew's assigned errors.Cindy Svoboda, in her capacity as personal representative of the estate of Blain Larson, filed a petition for complete settlement of the estate asking the county court to enter an order approving her final accounting and directing that she distribute assets of the estate in accordance with a proposed schedule of distribution. Matthew, Blain's son, objected to the proposed schedule of distribution, alleging that the schedule of distribution failed properly to apportion inheritance taxes. The county court dismissed the objection. Matthew appealed, assigning that the county court erred in dismissing his objection. The Supreme Court dismissed the appeal, holding that Matthew did not appeal from a final order, and therefore, this Court lacked jurisdiction. View "In re Estate of Larson" on Justia Law

Posted in: Trusts & Estates
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The Supreme Court reversed the order of the county court disallowing a claim filed by the Nebraska Department of Revenue for unpaid lifetime Nebraska income taxes and remanded the cause for further proceedings, holding that the county court failed to impose the burden of proof regarding diligent investigation and inquiry on the personal representative of the decedent's estate.The Department filed a claim with Miranda Loder, the personal representative of the decedent's estate, seeking individual income taxes for the three years preceding the decedent's death. Miranda disallowed the claim, claiming that it was untimely. The Department filed a petition with the county court for allowance of the claim, arguing that because it did not receive notice in compliance with Neb. Rev. Stat. 25-520.02 and 30-2483 it retained the right to file a claim within three years of the decedent's death under Neb. Rev. Stat. 30-2485(a)(2). At issue was whether the Department qualified as a known creditor, to whom Miranda was required to mail notice. The county court sustained Miranda's disallowance. The Supreme Court reversed and remanded the case, holding that the court's decision did not conform to the law because the court did not examine whether Miranda established that the Department's potential claim was not ascertainable by reasonably diligent inquiry. View "In re Estate of Loder" on Justia Law

Posted in: Trusts & Estates