S-24-0680 In re Estate of Rita Walker, Mark E. Walker (Appellant) v. Michael J. Walker (Appellee)
Appeal from the County Court for Douglas County, Judge Stephanie S. Shearer
Attorneys: Lisa Line (Brodkey, Cuddigan, Peebles, Belmont & Line, LLP for Appellant) and David D. Begley (Elder Law and Estate Planning of Nebraska, David D. Begley, P.C., L.L.O. for Appellee).
Probate: Last will and testament, testamentary capacity, and undue influence
Proceedings below: On remand in In re Estate of Walker, 315 Neb. 510, 997 N.W.2d 595 (2022) (reversed and remanded with directions), the county court declined to probate the September 15, 2021, will and determined that it was the product of undue influence.
Issues: Appellant assigns the following errors: 1) The trial court erred in failing to consider Exhibit 19 admitted into the record or permitting the testimony of Mary Williamette offered for consideration of Exhibit 7; 2) The trial court erred in determining Rita Ann Walker’s Last Will and Testament executed September 15, 2021, was void due to failure of testamentary capacity at time of execution and due to undue influence and ordering the estate to proceed in intestacy with Michael Walker as personal representative: a) Mark met his burden of proving due execution of the September 15, 2021, Will; b) The trial court abused its discretion in finding Mark did not meet his burden of proving testamentary capacity: c) The trial court abused its discretion in finding the September 15, 2021, Will was voidable due to undue influence: i) Whether there was an opportunity to exert undue influence; ii) Whether there existed a disposition to exert undue influence; and iii) Whether the will was clearly the result of undue influence