S-25-0548 In re Estate of Robert D. Mankhey, deceased. Noelia Mankhey, Personal Representative of the Estate of Robert D. Mankhey (Appellant). v. Tracy Ahmad, f/k/a Tracy Mankhey, f/k/a Tracy Bodlak (Appellee).
Appeal from the County Court for Dakota County, Judge Edward H. Matney
Attorneys: George H. Moyer (Moyer & Moyer for Appellant) and Jeanne Neumann Glasford and McKenna F. Carnell (Hightower Reff Law, LLC for Appellee).
Probate: Petition for allowance of claims arising from divorce decree
Proceedings Below: Appellee made a claim against her ex-husband’s estate for claims that resulted from a decree of dissolution of marriage. The personal representative of the estate disallowed those claims, and Appellee filed a petition to allow those claims, which the county court allowed. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The trial court erred by considering and allowing claims against decedent's estate which it had no jurisdiction to consider or allow; 2) The trial court erred by allowing claims against the decedent's estate arising out of and enforcing terms of a dormant decree of dissolution of marriage entered originally by the District Court for Sarpy County, Nebraska; 3) The trial court erred by allowing claims arising out of provisions of a decree of dissolution of marriage entered by the District Court for Sarpy County without requiring the claimant to revive the decree against the personal representative of Robert Mankhey's estate or his successors in interest, his wife Noelia and children, William and Emma; 4) The claimant failed to offer sufficient evidence to prove her claim for work-related child care; 5) The claimant failed to offer sufficient evidence to prove her claim for health insurance premiums for health insurance on William and Emma; 6) The claimant failed to offer sufficient evidence to prove her claim for medical bills incurred for treatment of William and Emma not covered by health insurance; and 7) The trial court erred by failing to dismiss claimant's claim for work-related child care, health insurance, and medical bills for claimant's laches.