In re Estate of Brinkman

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In re Estate of Brinkman

Additional Case Names

9:50 am

Case Number
Call Date
November 4, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
County Court
Case Summary

S-20-0235 Nicole Brinkman (Appellee) v. Seth M Brinkman and Kimberly Milius (Appellants)

Douglas County Court, Judge Grant Forsberg

Attorneys: Ryan Watson, Jeffrey Wagner (Wagner Meehan & Watson, LLP, for Appellee); Joseph Thornton (Smith Peterson Law Firm, LLP, for Appellants)

Civil: Probate; Will construction

Proceedings Below:  On remand, the county court interpreted the will and found it was ambiguous. The court determined that Appellee, the decedent’s daughter, was not disinherited from the will.

Issues: Appellants assign that 1) the trial court erred in finding that the will was ambiguous; 2) if the use of the word “include” in the will created an ambiguity, the ambiguity is a latent ambiguity as to which parol evidence should be considered by the court; 3) even if a patent ambiguity exists in the will, the trial court erred in finding that the definition of “my issue” in the will included Appellee; and 4) the trial court erred in finding that Appellee was not expressly disinherited from her father’s will.

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