Justia Nebraska Supreme Court Opinion Summaries

A woman died in September 2021, survived by four sons. One son, Mark, submitted a will dated September 15, 2021, naming himself as sole beneficiary and personal representative, excluding his three brothers. Another son, Michael, objected, arguing that their mother lacked testamentary capacity at the time of the will’s execution and that the will was the product of undue influence. Evidence at trial included testimony from family members, a friend who notarized the will, and a nurse who described a prior incident in which Mark threatened the decedent. Mark also sought to introduce a 2016 document (exhibit 7) showing a similar disposition of the estate, but the county court excluded it.The County Court for Douglas County found that Mark failed to prove the decedent’s testamentary capacity and that the will was the product of undue influence, ordering the estate to proceed in intestacy with Michael as personal representative. Mark appealed. The Nebraska Supreme Court, in a prior decision, reversed the exclusion of exhibit 7, holding it was relevant to show a constant and abiding scheme for property distribution, and remanded for reconsideration on the existing record, including exhibit 7.On remand, the county court admitted exhibit 7 but declined to consider new evidence, including an affidavit from the decedent’s sister. The court again found that Mark failed to prove testamentary capacity and that the will resulted from undue influence, giving little weight to exhibit 7 regarding the decedent’s state in 2021. Mark appealed again.The Nebraska Supreme Court held that the county court properly limited its review to the existing record and exhibit 7, as required by the mandate. The Supreme Court affirmed the findings that the decedent lacked testamentary capacity and that the will was the product of undue influence, and affirmed the order for intestate administration with Michael as personal representative. View "In re Estate of Walker" on Justia Law

A married couple undertook renovations on a property owned by a family trust, based on an alleged oral agreement with the original cotrustees (the couple’s relatives). The couple claimed they were to be reimbursed for the renovation costs, excluding labor, after the property was sold. The renovations expanded in scope as new issues were discovered. After the cotrustees passed away, a new trustee (also a family member) sold the property but did not reimburse the couple, citing a lack of available funds due to a line of credit and other expenses. The couple, who were also beneficiaries of the trust, requested reimbursement and a full accounting of the trust’s assets, but were denied.The District Court for Douglas County held a bench trial and found that, while there was evidence of an agreement, its terms were too indefinite to constitute a legally enforceable contract. The court also denied the couple’s claims for unjust enrichment, finding insufficient evidence that the renovations increased the property’s value or that the costs were reasonable. Claims for promissory estoppel and breach of fiduciary duty/accounting were also denied, with the court noting that it was not required to make detailed findings absent a specific request. The court further declined to hold the trustee personally liable.On appeal, the Nebraska Supreme Court reviewed the district court’s findings under a clearly erroneous standard. The Supreme Court affirmed the lower court’s decision, holding that the oral agreement lacked the definiteness required for contract enforcement, that the evidence did not establish unjust enrichment or reasonable value, and that the claims for promissory estoppel and breach of fiduciary duty/accounting were properly denied based on conflicting evidence. The court also found no basis for personal liability of the trustee. The judgment of the district court was affirmed. View "Morris v. Dall" on Justia Law

Two children of a decedent alleged that their late stepmother wrongfully transferred assets belonging to their father to herself, depriving them of property they would have received under his will. The assets in question included a house and shares in a corporation. The stepmother, who had married their father after both had children from previous marriages, allegedly used a power of attorney to transfer the property to herself during the father’s cognitive decline. After both the father and stepmother died, the children claimed they were not notified of the stepmother’s estate proceedings and that the disputed property was distributed to the stepmother’s descendants.The District Court for Lincoln County dismissed the children’s complaint, citing the doctrine of jurisdictional priority because a similar proceeding was pending in county court. After the county court dismissed the children’s petition for lack of standing, the district court denied the children’s motion to alter or amend its dismissal, without further explanation. The children appealed, arguing that the district court’s reliance on jurisdictional priority was no longer justified after the county court’s dismissal.The Nebraska Supreme Court held that the children had standing to pursue relief under the Nebraska Uniform Power of Attorney Act, which specifically allows a principal’s issue to petition a court to review an agent’s conduct under a power of attorney. The court found that the doctrine of jurisdictional priority no longer applied once the county court proceeding was dismissed. However, the Supreme Court also determined that the complaint failed to state a claim upon which relief could be granted, as the children would not have inherited the disputed property under the will or by operation of law, even if the transfers were invalid. Nevertheless, the court ruled that the children should be given leave to amend their complaint and reversed and remanded the case with directions to allow amendment. View "Kimball v. Rosedale Ranch" on Justia Law

Sidney and Brian Harchelroad, officers of Harchelroad Motors, Inc. (HMI), obtained loans from Waypoint Bank and Western States Bank, signing promissory notes individually and as officers. Sidney and Brian were accommodation parties, meaning they did not personally benefit from the loan proceeds. Sidney died in 2018, and his wife, Carol, was appointed as personal representative of his estate. Waypoint and Western filed claims in Sidney’s estate for unpaid promissory notes, which were allowed. Brian also filed a contingent claim against Sidney’s estate, stating he would seek contribution if he paid more than his share of the debts. Brian died in 2019, and his wife, Michelle, was appointed as personal representative of his estate.Waypoint and Western filed claims in Brian’s estate. Michelle, individually, paid the banks and took assignments of their rights. She then sought contribution from Sidney’s estate for one-half of the amounts paid. The county court largely granted her request, finding that the notes were not extinguished by her payments or the assignments.The Nebraska Supreme Court reviewed the case. It held that the notes were not extinguished by the judgments against Brian or by Michelle’s payments, as the agreements with the banks were assignments, not payments in full. The court affirmed the county court’s decision, requiring Sidney’s estate to pay Michelle, individually, $459,559.51 for the Waypoint note and $291,263.20 for the Western note, and $300,000 to Brian’s estate for his payments to Western. The court found that Michelle, as an assignee, had the right to seek contribution from Sidney’s estate, and that the proportionate share was correctly determined as one-half, given the joint and several liability of Sidney and Brian. View "In re Estate of Harchelroad" on Justia Law

Raymond A. Guenther, Jr. died intestate, and Damon Bechtold was appointed as the personal representative of his estate. Bechtold managed the estate's assets, paid claims, and filed a petition for complete settlement, which included a final accounting and a schedule of distribution listing Raymond A. Guenther, Sr. as the sole heir. The county court approved the final accounting and directed the distribution of the estate's assets to Guenther Sr. The final accounting did not list any personal representative fees.Several months later, Bechtold filed a motion seeking fees for his services as personal representative. The county court denied the motion, stating that the earlier order of complete settlement was a final, appealable order, and Bechtold had not filed a timely appeal. Bechtold then appealed the denial of his motion for fees.The Nebraska Supreme Court reviewed the case and determined that the order of complete settlement, which approved the final accounting and directed the distribution of the estate's assets, was a final, appealable order regarding Bechtold's entitlement to fees. Since Bechtold did not appeal this order within the required timeframe, the court concluded that it lacked jurisdiction to review the denial of his subsequent motion for fees. Consequently, the appeal was dismissed. View "In re Estate of Guenther" on Justia Law

Richard Muller filed a claim against the estate of John Weeder, deceased, under the Nebraska Probate Code. Muller’s claim was based on a modified judgment entered in his favor against Weeder in a separate fence dispute action before Weeder's death. The county court appointed Margene Cork as the personal representative of Weeder’s estate in October 2017. Muller filed a "Statement of Claim" in December 2017 and a "Petition for Allowance of Claim" in September 2023. Cork, as the personal representative, resisted the claim and moved to strike it. The county court held a hearing and allowed Muller’s claim against the estate.The county court for Boyd County granted Muller’s petition and allowed his claim. The Estate appealed the decision, arguing that the county court lacked jurisdiction and that the law-of-the-case doctrine should apply based on a prior appeal in the fence dispute action. The appeal was initially directed to the Nebraska Court of Appeals but was moved to the Nebraska Supreme Court.The Nebraska Supreme Court reviewed the case and determined that the county court had subject matter jurisdiction over Muller’s claim against the estate. The court noted that the county court has exclusive original jurisdiction over all matters relating to decedents’ estates. The court also rejected the Estate’s argument that the law-of-the-case doctrine applied, as the prior decision was made in a different action and not in the current probate case. The Supreme Court affirmed the county court’s judgment allowing Muller’s claim against the estate. View "In re Estate of Weeder" on Justia Law

The case involves the administration of the Charles and Patricia Masek Family Trust. Barry Masek, a contingent beneficiary and successor cotrustee, alleged that his siblings, Mark Masek and Dianne Yahiro, also contingent beneficiaries and successor cotrustees, breached the trust. Barry claimed that Mark and Dianne blocked access to their mother, Patricia Masek, the settlor, beneficiary, and trustee, and misused trust assets for their benefit. Patricia later died, and the county court entered a money judgment against Mark and Dianne in favor of Barry and overruled their motion for a new trial.Mark and Dianne appealed the denial of their motion for a new trial. The Nebraska Supreme Court reversed the county court's decision because it did not state the legal basis for finding Mark and Dianne liable for breach of trust. The case was remanded for further proceedings to determine their liability either as de facto trustees or by participating in a breach of trust committed by Patricia.On remand, the county court received additional evidence and determined that Mark and Dianne were liable to the trust by participating in or inducing Patricia to commit breaches of trust while she was in their care. The court issued a judgment against Mark and Dianne for $1,276,858, which included various expenditures from the trust assets. Mark and Dianne appealed again, and Barry cross-appealed.The Nebraska Supreme Court found that competent evidence supported the county court's findings for some, but not all, of the disputed expenditures. The court modified the judgment to $619,000, affirming it in favor of Barry in his capacity as cotrustee of the Charles and Patricia Masek Family Trust. The court also upheld the award of additional attorney fees to Barry. View "In re Masek Family Trust" on Justia Law

Brent McCormick died intestate, and his sister-in-law, Tracy McCormick, filed a petition for formal probate, listing Brent’s father, mother, and brother as the only known heirs. Beth Roberts, Brent’s biological daughter, filed a demand for notice and objected to Tracy’s petition, asserting her status as Brent’s sole heir. The county court for Washington County held a hearing and appointed Tracy as temporary personal representative, later determining that Beth was entitled to inherit from Brent despite the termination of Brent’s parental rights.The county court noted that Brent’s paternity was established by adjudication in 1991, and his parental rights were terminated in 1992. Beth was not adopted after the termination. The court analyzed relevant statutes, including Neb. Rev. Stat. § 30-2309, which establishes the relationship of parent and child for intestate succession, and § 30-2312.02, which bars a parent from inheriting from a child if parental rights are terminated but does not address the child’s right to inherit from the parent. The court also considered Neb. Rev. Stat. § 43-106.01, which states that relinquishment of parental rights does not impair a child’s right to inherit.The Nebraska Supreme Court reviewed the case and affirmed the county court’s decision. The court held that under the Nebraska Probate Code, Beth was Brent’s issue and entitled to inherit from him. The court found no statutory provision indicating that the termination of Brent’s parental rights extinguished Beth’s right to inherit. The court concluded that the probate statutes and other relevant statutes did not bar Beth from inheriting from Brent, affirming the county court’s order. View "In re Estate of McCormick" on Justia Law

This case involves a dispute between a decedent's wife and the co-personal representatives of the decedent's estate over the ownership of $100,000 and a camper under the terms of a premarital agreement. The decedent's wife, Yvonne M. White, argued that she was entitled to these assets based on the premarital agreement she had with her late husband, Leonard P. White. The co-personal representatives of Leonard's estate, his sons Jamison Patrick White and Ryan Howard White, contested this claim.The District Court for Washington County, Nebraska, ruled in favor of Yvonne, awarding her the $100,000 and the camper. The co-personal representatives appealed this decision to the Nebraska Court of Appeals, which affirmed the lower court's ruling. They then sought further review from the Nebraska Supreme Court.The Nebraska Supreme Court affirmed the decision of the Court of Appeals. The court found that Yvonne's suit for the $100,000 and the camper did not constitute a "claim" against the estate, but rather, she was a beneficiary of the estate entitled to the assets she sought under a breach of contract theory according to the terms of the premarital agreement. Therefore, her suit was not subject to the nonclaim statute's requirements for the timely filing of a claim. The court also found that the camper was a joint asset under the premarital agreement, rejecting the co-personal representatives' argument that it was the decedent's separate property. View "White v. White" on Justia Law

The case revolves around the interpretation of the Michael Hessler Living Trust. Michael Hessler, the settlor of the trust, had three children: Heidi Shaddick, Amber Rocha, and Brock Hessler. He also had a romantic relationship with Lori J. Miller. After Hessler's death, the successor trustee of the trust, Robert Hessler, deeded a house to Miller and allocated all inheritance tax to the trust's residuary, which was to be divided among Hessler's three children. The children sued, arguing that the inheritance tax should be equitably apportioned among all beneficiaries, including Miller.The case was initially filed in Lancaster County, but the trustee successfully moved to transfer the case to Scotts Bluff County, where the trust was registered. The children challenged this decision, arguing that the case should have been heard in Lancaster County, where the real estate in question was located.The county court for Scotts Bluff County granted Miller's motion for partial summary judgment on the inheritance tax issue, ruling that the language of the trust was clear enough to override the statutory pattern that would otherwise presume equitable apportionment of inheritance tax. The court concluded that the trust's language indicated that all inheritance taxes were to be paid from the trust's residue, not by the individual beneficiaries. The children appealed this decision.The Nebraska Supreme Court affirmed the lower court's decision. It ruled that the order transferring venue to Scotts Bluff County was not a final order and could be challenged in the appeal. The court also found no error in the lower court's decision to admit an affidavit from the attorney who drafted the trust. Finally, the court agreed with the lower court's interpretation of the trust, concluding that the trust's language clearly indicated that inheritance taxes were to be paid by the trust rather than by the individual beneficiaries. View "In re Hessler Living Trust" on Justia Law