In re Estate of Severson

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In re Estate of Severson

Case Number
Call Date
January 6, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
County Court
Case Summary

S-21-0321, In re Estate of Ryan Severson.

Attorneys:  Nicolas Norton & Elizabeth Klingelhoefer (Jacobsen, Orr, Lindstrom & Holbrook)(Appellant Diane Kelly, n/k/a/ Diane Schubert, personal representative of the estate of Ryan Severson – Daniel Thayer (Thayer & Thayer) (Appellee Don Feik)

County Court of Franklin County, Hon. Michael O. Mead.

Probate: Opening estate and appointing PR to accept service.

Proceedings Below: The county court opened the estate more than 3 years after the decedent’s death and appointed Appellant as the personal representative over her objection and without her acceptance of the appointment.

Issues: Whether the county court erred in 1) finding that the savings clause applied to Appellee’s First Amended Complaint because Appellee failed to properly commence an action within the applicable statute of limitations, as required by section 25-201.01(1), and because no “new action” was ever commenced within the meaning of section 25-201.01(3), 2) allowing the Application to proceed because the Application and Complaints did not contain any allegations that the informal probate would be opened for purposes that were limited to recovering liability insurance, 3) allowing the Application to proceed because the Application was filed outside of the three-year statute of limitations and was not limited to the recovery of expenses of administration only, 4) finding that not allowing Appellee’s Application would be contrary to law and create an “absurd result” because Nebraska statutes and case law are not contradictory and have been applied by this Court without issue prior to this appeal, 5) appointing Appellant as personal representative of the Estate because it lacked jurisdiction to make the appointment, Appellant objected to the appointment, and Appellant did not accept the appointment as required by Nebraska Revised Statute § 30-2420.

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