In re Estate of Filsinger

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In re Estate of Filsinger

Case Number
Court Number
Call Date
April 12, 2023
Case Time
1:00 PM
Case Summary

A-22-596, In re Estate of Orville Filsinger – Marvin O. Filsinger (Appellant) v. Robert Rauner, Personal Representative of the Estate of Orville Filsinger (Appellee)

County Court for Cheyenne County, Judge Russell W. Harford

Attorney for Appellant: Robert M. Brenner (Robert M. Brenner Law Office)

Attorney for Appellee: R. Kevin O’Donnell (O’Donnell & Holmstedt, P.C., L.L.O.)

Probate: Award of Attorney Fees and Personal Representative Fees; Sanctions

Action Taken by Trial Court: The county court awarded attorney fees to two attorneys for Appellee, and awarded personal representative fees and costs to Appellee. The county court also denied Appellant’s claims that Appellee had breached his fiduciary duty. The court declined to issue sanctions against Appellee.

Assignments of Error on Appeal: On appeal, Appellant asserts that the county court erred in the following decisions: permitting the estate to be re-opened in June 2017; awarding attorney fees to both of Appellee’s attorneys; awarding additional personal representative fees to Appellee; failing to award Appellant any interest on the amount he is still owed by the estate; and ordering Appellant to pay sanctions for filing a frivolous pleading. On cross-appeal, Appellee challenges the county court’s determination that the estate was formally closed in February 2014.

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