Harring v. Gress

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Harring v. Gress

Case Number
Call Date
January 5, 2017
Court Number
Case Summary

S-16-0362 Marcia M. Harring (appellant) v. Janis J. Gress and Fredrick Gress, co-personal representatives of the Estate of Darin Gress, deceased

Thayer County District Court, Judge Vicky L. Johnson

Attorneys: Daniel L. Werner (for Appellant Harring) ' Sheri Burkholder (McHenry, Haszard, Roth, Hupp, Burkholder & Blomenberg)

Civil: judgment lien, a constructive trust, or a trust under the probate code's ' 30-2491(b)(2)

Proceedings below: The court sustained the appellees' motion to dismiss Harring's complaint for lack of subject matter jurisdiction or failure to state a claim. The court concluded that Harring's claims were not ripe because her son had not yet incurred any post-secondary education costs..

Issues: Whether the court erred in determining that (1) Harring's claim for college education expenses was not ripe for resolution because of the contingent nature of the claim, (2) Harring's son is a beneficiary of Darin's estate and entitled to one-third of his father's estate, and (3) Darin's trust requires the trustee to pay for his children's college education expenses and his son would have a cause of action against the trustee for failing to pay those expenses.