In re Estate of Bialas

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In re Estate of Bialas

Case Number
Court Number
Call Date
January 15, 2019
Case Time
1:00 PM
Case Summary

A-18-23, In the Matter of the Estate of Bialas   

Platte County, County Court Judge Frank J. Skorpa

Attorney for Appellant:  Jason D. Mielak (Fehringer & Mielak, LLP)

Attorney for Appellee:  Stan A Emerson (Sipple, Hansen, Emerson, Schumacher & Klutman)

Probate Action:  Interpretation of a will

Action Taken by Trial Court: Bialas’ will provided that his residuary estate was to be left to his “issue.” The question before the county court was how to interpret the term “issue” in will.  The county court interpreted the term in Bialas’ will to provide that Bialas intended to leave his residuary estate to his step-children.

Assignments of Error on Appeal:  The appellants contend that the county court erred as a matter of law in finding that Bialas intended to leave his residuary estate to his stepchildren when the residuary clause referred to his “issue.”

Case Location
Court Type
County Court
Schedule Code
Panel Text
Riedmann, Bishop, and Welch, Judges