S-12-0579, In re Estate of Ira Wegner Odenreider
Dodge County, Judge Kenneth Vampola
Attorneys: Robert A. Mooney (Gross & Welch PCLLO) (for Appellants Robert Wegner, Mark Wegner and Laura Sherman) ---William J. Bianco (Bianco Stroh LLC) (for Appellee Christy L. Neel)
Civil: Probate; objection to distribution
Proceedings below: The court granted Appellee’s Motion for Supervised Administration of the Estate of Ina Wegner Odenreider and sustained Appellee’s objection to the proposed distribution. Appellant’s filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: 1. The Probate Court erred in hearing Appellee's Motion for Supervised Administration in the absence of Appellee filing a proper petition for supervised administration and properly serving notice on all interested parties as required by statute. 2. The Probate Court erred in finding that Appellee's Motion for Supervised Administration tolled Appellee's deadline to object to the Personal Representative' proposed distribution. 3. The Probate Court erred in acting beyond its jurisdiction by determining that Appellee's interest in certain property was not sold in her bankruptcy, thereby invading the exclusive jurisdiction of the Bankruptcy Court to determine the assets of a debtor's bankruptcy estate. 4. The Probate Court erred in resorting to suspect parol evidence to determine the interest sold at Appellee's Bankruptcy auction, ignoring contemporaneous writings evidencing the sale of her future contingent interest.