Justia Nebraska Supreme Court Opinion Summaries

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

The case revolves around the interpretation of a provision in the Eileen Ryan Revocable Trust. The provision in question bequeathed $5 million in "Countable Assets" to each of Eileen’s five children. Constance M. Ryan, one of the children, argued that she had not yet received the full amount of Countable Assets. She contended that certain gifts she had received during Eileen’s lifetime were intended to be separate from the testamentary bequests made in Eileen’s trust instruments and therefore, such gifts would not reduce the amount she would receive under the Countable Assets provision.The County Court for Douglas County found that Constance had already received more than the $5 million due in Countable Assets based on the language of the trust instrument and evidence. The court granted summary judgment against Constance on all issues and dismissed her petition. Constance appealed this decision.The Nebraska Supreme Court affirmed the lower court's decision. The court found that the trust agreement was unambiguous and that the distributions Constance received from irrevocable trusts during Eileen’s lifetime were Countable Assets. Therefore, Constance had already received the $5 million bequest and was not entitled to additional assets. The court also rejected Constance's request to reform the trust agreement, finding no evidence that both Eileen’s intent and the terms of the trust were affected by a mistake of fact or law. View "In re Eileen Ryan Revocable Trust" on Justia Law

In this case from the Nebraska Supreme Court, the court considered an appeal from a successful will contest. The decedent, Rita A. Walker, died at the age of 84 and her son, Mark E. Walker, filed a petition for formal probate of a will purportedly executed by Rita shortly before her death. This will named Mark as the sole beneficiary and personal representative of Rita's estate, omitting her three other sons. One of these other sons, Michael J. Walker, contested the will, alleging that Rita lacked testamentary capacity at the time of the will's execution and that the will was the product of undue influence.The county court held a bench trial and concluded that while the will was validly executed, it would not admit it to probate because Mark had failed to prove Rita's testamentary capacity at the time of execution and that the will was the product of undue influence. The court ordered the case to proceed intestate and appointed Michael as personal representative.Mark appealed, arguing that the county court erred in excluding from evidence a document purported to be a prior will signed by Rita, which he contended was admissible under a hearsay exception and was relevant to the issues of testamentary capacity and undue influence.The Nebraska Supreme Court held that the document was admissible under a hearsay exception and was relevant. The court found that the document had a tendency to show that Rita had a constant and abiding scheme for the distribution of her property, rebutting charges of undue influence or lack of testamentary capacity. Therefore, the court reversed the county court's order refusing to admit the proposed will to probate and remanded the case for the county court to reconsider the existing record, including the contested document, in determining whether Mark met his burden of proving testamentary capacity and whether Michael met his burden of proving undue influence. View "In re Estate of Walker" on Justia Law

The Supreme Court reversed the order of the district court denying Appellant's motion to intervene in a suit involving her husband's estate, holding that Appellant had a direct and legal interest in the litigation sufficient to support intervention under Neb. Rev. Stat. 25-238.Appellant was appointed to serve as personal representative of her deceased husband's estate. In that capacity, Appellant filed suit against the estate of her husband's brother. Thereafter, a special administrator was appointed to administer the estate of Appellant's husband, and the administrator advanced this litigation. Appellant subsequently filed a motion to intervene in this suit in her individual capacity. The district court denied the motion. The Supreme Court reversed, holding that Appellant had a direct and legal interest in the litigation and was entitled to intervene. View "Harchelroad v. Harchelroad" on Justia Law

The Supreme Court reversed the judgment of the district court dismissing a petition filed by Stacy Ryan and her children (collectively, Stacy) challenging the validity of a 2015 will and codicil (2015 will) of Dr. Wayne L. Ryan, the late father of Stacy and her sister, Constance Ryan, holding that the district court abused its discretion when it dismissed this matter.Stacy argued that the 2015 will, which was subject to informal probate, was a product of undue influence and was not properly signed. The district court's order of dismissal was predicated on a joint stipulation for dismissal with prejudice, in which the estate and children of Wayne, except Constance, represented that they had resolved claims and defenses in this matter. The Supreme Court reversed, holding that the record did not show that all interested parties were protected in the proceeding, and therefore, the district court abused its discretion in dismissing this matter. View "In re Estate of Ryan" on Justia Law