Estates, Wills & Trusts

Our Landmark Cases

Abbott v. Brennemann - 288 Neb 389 (2014)

In this case, the Nebraska Supreme Court ruled that if a trustee does not perform their duty and a lawsuit is necessary in order to establish a breach of duty but the beneficiary is unable to prove damages, the beneficiary is still entitled to file a claim and recover attorney fees.

In re Margaret Mastny Revocable Trust - 281 Neb 188 (2011)

The Court concluded that an "issue-specific approach is preferable and more consistent with our standard for appellate review under the Nebraska Probate Code than simply labeling all trust administration cases as equitable in nature and subject to a de novo on-the-record standard of review."