Justia Trusts & Estates Opinion Summaries

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

The Supreme Court vacated the order of the district court certifying that a certain prior order was a final judgment as to defendants other than Appellant in this case, holding that the certification was an abuse of discretion.This case arose in the context of estate planning carried out by the parents of five children, including Appellant. On appeal, Appellant argued that the district court erred in certifying a final judgment as to certain defendants under Neb. Rev. Stat. 25-1315 and that the court erred in overruling her motion to review the settlement agreement and instead approving the agreement. The Supreme Court vacated the order certifying a final judgment, holding that there was no final judgment because the district court did not make adequate specific findings to support certification under section 25-1315. View "Ryan v. Ryan" on Justia Law

The Supreme Court dismissed this appeal from an order of the county court granting summary judgment in favor of the decedent's girlfriend, Lori Miller, in this dispute over the decedent's house, which comprised the majority of his trust's value, holding that this Court lacked jurisdiction to decide the merits of this matter.In a trust, Michael Hassler, the decedent, devised his house to Miller and bequeathed the trust's residuary to his children in equal shares. The Trustee deeded the house to Miller and allocated inheritance tax resulting from the transfer to the trust's residuary. Plaintiffs, Hassler's children, brought this action against the Trustee and Miller, seeking a determination, among other things, that trust amendments resulted from Miller's undue influence and that the inheritance tax obligations created by the transfer be collected from Miller. The county court granted partial summary judgment for Miller, ordering that inheritance taxes and legal and administrative expenses be paid out of the trust's residuary. The Supreme Court dismissed Plaintiffs' appeal, holding that the apportionment order was not a final order, and therefore, this Court lacked jurisdiction to decide the merits of this matter. View "In re Hessler Living Trust" on Justia Law

The Supreme Court affirmed as modified the judgment of the district court dismissing this lawsuit brought by Cheryl Mueller to halt the pursuit of a setoff against the share of the estate of Lorine Mueller that would otherwise pass to Cheryl, holding that the merits of Cheryl's lawsuit should not have been entertained.At issue in this dispute over the administration of Lorine's estate (Estate) was whether a Nebraska judgment entered in favor of Lorine and against Cheryl, the widow of Lorine's deceased son, should be set off against the share of the Estate that would otherwise pass to Cheryl. In her complaint, Cheryl sought to halt the pursuit of a setoff by seeking a declaration that an agreement between Cheryl and Lorine's daughter, Margo Loop, precluded setoff. The district court dismissed this action with prejudice on summary judgment. The Supreme Court affirmed as modified, holding that the district court abused its discretion to the extent it reached the merits of this action. View "Mueller v. Peetz" on Justia Law

The Supreme Court affirmed the judgment of the district court finding that Tonya Edwards and Jennifer Edwards failed to state a claim for contribution or indemnity and denying the Edwardses' claim for subrogation, holding that there was no error.The Edwardses, as assignees of Douglas County, brought complaints against the estate of Kenneth Clark seeking to recover expenses that County incurred in defending and settling lawsuits the Edwardses brought against it for allegedly responding negligently to acts of assault and battery committed by Clark. The district court concluded that the County was immune under the Political Subdivisions Tort Claims Act from claims arising out of battery, and therefore, the County did not have a common liability with Clark's estate. The court thus denied the claims for contribution or indemnity and for subrogation. The Supreme Court affirmed, holding that the district court did not err in dismissing the Edwardses' complaint. View "Edwards v. Estate of Clark" on Justia Law