In re Estate of Meyers

Case Number(s)
S-24-0625)
S-24-0626)
Case Audio
Call Date
Case Time
Court Number
Douglas
Case Location
Lincoln
Court Type
County Court
Case Summary

S-24-0625 and S-24-0626 In re Estate of Theresa A. Meyers, Deceased, Claire Weides et al. (Appellees) v. Shirely Clouse et al. (Appellants) 

Appeal from the Nebraska Court of Appeals on appeal from the County Court for Douglas County, Judge Jeffrey L. Marcuzzo  

Attorneys: Claude E. Berreckman, Jr. (Berreckman & Bazata, P.C., L.L.O. for Appellants) and Matthew Wurstner (Carlson & Blakeman, L.L.P. for Appellees) 

Probate: Attorney fees  

Proceedings Below: The county court ordered the estate to pay attorney fees, and the successor personal representative, numerous devises, and beneficiaries appealed to the Nebraska Court of Appeals, which affirmed, as modified, that decision.  See In re Estate of Meyers, A-24-0625 and A-24-0626 (July 8, 2025).  Appellees petitioned for further review, which the Nebraska Supreme Court granted and ordered that this case be transferred to its docket.   

Issues: On petition for further review, Appellees assign the following errors:  1) The Court of Appeals erred by considering whether co-trustee consent under the language of a trust was necessary for a trustee to enter a fee agreement with their chosen attorney; and 2) The Court of Appeals erred by concluding co-trustee consent under the language of a trust was necessary for a trustee to enter a fee agreement with their chosen attorney. 

Schedule Code
SC