Marks Clare & Richards, L.L.C. Save Client´s Estate $30,000

In a successful appeal to the Nebraska Court of Appeals, the law firm of Marks Clare & Richards, L.L.C., was able to save our client´s Estate $30,000.

Anna Mae Ross passed away in January 2008, leaving small bequests in her Will to many nieces, nephews, and other relatives, but leaving the bulk of her Estate to one niece, who was also named as the Personal Representative of the Estate. Marks Clare & Richards, L.L.C., served as the attorneys for the Personal Representative of the Estate.

After a public reading of the Will, a nephew, who was disgruntled about his small inheritance, claimed that there had to have been a subsequent Will which would benefit him with a substantially larger inheritance. The nephew had himself appointed as Special Administrator of his aunt's Estate.

The Court granted him authority only to freeze the assets of the Estate, Instead, he spent his efforts searching for another Will, which proved fruitless.

With the assistance of Marks Clare & Richards, L.L.C., attorneys Howard N. Epstein, David P. Wilson, and Steven J. Riekes, the nephew was removed as Special Administrator, and rightfully replaced by his sister, who was the niece named as Personal Representative in their aunt´s Will. As soon as his sister, the niece, was named as Personal Representative, the nephew mounted a challenge to the Will, which was unsuccessful.

Despite the nephew´s unsuccessful challenge to the Will, the Douglas County Court awarded the nephew $30,000 in attorneys fees, which the Estate was ordered to pay. The Personal Representative of the Estate appealed, with the help of her attorneys at Marks Clare & Richards.

The Nebraska Court of Appeals reversed this award, stating that it was "not supported as having provided any benefit to the estate." Thus, the Estate was spared $30,000. This money will go directly to the rightful beneficiary under Anna Mae Ross´ Will. See In re Estate of Ross, 2009 WL 3161469, Neb. App., September 29, 2009 (No. A-09-027). This is a total victory for the Estate.

Click on the link below for the Nebraska Court of Appeals Opinion

http://www.supremecourt.ne.gov/opinions/2009/september/sept29/a09-027.pdf

Contact us today to schedule a consultation with a knowledgeable Nebraska attorney.