In the Matter of Mendick

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

In the Matter of Mendick

Case Number
Call Date
September 1, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
County Court
Case Summary

S-20-0765 In re Trust of Phyllis Mendick, John Heida, Personal Representative of the Estate of Phyllis Mendick (Appellant) v. Mark Richard Mendick, Paul Mendick, James Mendick, Steven Paul Mendick, Linda Conway, Paula Holub, Denise Marie Young, Jeffrey Thomas Mendick, and Douglas Gerard Mendick

Douglas County Court, Hon. Thomas K. Harmon

Attorneys:  Erin R. Robak (McGill, Gotsdiner, Workman & Lepp)—Kristopher J. Covi (McGrath North Mullin & Kratz)

Civil: Settlement agreement between trust beneficiaries and trustee

Proceedings below:  The county court denied the Appellant’s motion to enforce a settlement agreement between the trust beneficiaries and the trustee.

Issues on Appeal:  The Appellant assigns that the county court erred in 1) failing to find that the parties entered into an enforceable settlement agreement; 2) finding that the parties were required to seek court approval of the settlement agreement before Phyllis Mendick died; 3) finding that terminating the trust was a modification of the trust subject to court approval under Neb. Rev. Stat. § 30-3837 (Reissue 2016); 4) finding that not all beneficiaries had consented to the settlement agreement; 5) finding that the settlement agreement was inconsistent with a material purpose of the trust under Neb. Rev. Stat. § 30-3837; and 6) finding that the settlement agreement was not made in accordance with the settlor’s probable intention under Neb. Rev. Stat. § 30-3838 (Reissue 2016).

Schedule Code