In re Estate of Helms

The Supreme Court affirmed the county court’s entry of summary judgment declaring that the proceeds of the Estate of Mark Anthony Helms be distributed pursuant to a prior federal court judgment applying North Carolina law, holding that there was no genuine issue of material fact precluding summary judgment. Decades after Helms died in a terrorist bombing, the estate obtained a wrongful death judgment in federal court determining that Helms had been domiciled in North Carolina and not Nebraska and that damages would be distributed according to North Carolina law. Later the successor personal representative of the Estate filed a probate case in the county court for Butler County a petition to authorize distribution of the judgment proceeds under Neb. Rev. Stat. 30-810, a Nebraska wrongful death statute. The county court ordered distribution pursuant to the federal court judgment applying North Carolina law. The Supreme Court affirmed, holding that because of the binding effect of the federal court judgment, the Nebraska wrongful death statute did not apply. View "In re Estate of Helms" on Justia Law