In re Estate of Anderson
311 Neb. 758
| Neb. | 2022Background
- Krystal J. Collins filed for informal probate of Carroll M. Anderson’s 2021 will and was appointed personal representative; the will largely disinherited Anderson’s children, Roger D. Anderson and Carol J. Noble.
- Anderson and Noble filed a formal will contest, offered a 2002 will, and requested (among other relief) appointment of a special administrator and an order restraining Collins from exercising powers as personal representative.
- Anderson and Noble filed a notice transferring the will contest to district court under Neb. Rev. Stat. § 30-2429.01; a county-court hearing on the special-administrator/restraining requests occurred before jurisdictional issues were resolved.
- The county court ruled it lacked jurisdiction to decide the special-administrator and restraining requests because the will contest had been transferred to district court, and denied those requests.
- The Nebraska Supreme Court (1) held the county-court order denying appointment of a special administrator and a restraining order was a final, appealable order, (2) ruled the transfer to district court is limited to the will-validity contest and does not divest the county court of its original probate authority to protect estate administration, disapproving In re Estate of Miller to the extent it suggested otherwise, and (3) reversed and remanded for the county court to decide the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the county-court order denying appointment of a special administrator and a restraining order is a final, appealable order | Anderson & Noble: denial affects substantial rights and cannot be remedied after the fact, so it is final | Collins: order is not final because appellants are disinherited and any rights can be vindicated on appeal from final judgment | Court: order affects a substantial right in a special proceeding and is a final, appealable order |
| Whether transfer of the will contest to district court under § 30-2429.01 divests the county court of jurisdiction to appoint a special administrator or issue a restraining order | Anderson & Noble: county court retains jurisdiction to protect the estate and to hear petitions for special administrator/restraining order | Collins: transfer gives district court jurisdiction over all related proceedings, divesting county court | Court: transfer is limited to determining will validity; county court retains original probate jurisdiction to protect estate administration; In re Estate of Miller disapproved to the extent it suggests otherwise |
| Whether the county court should have appointed a special administrator | Anderson & Noble: payable-on-death accounts and alleged failures to account create risk of dissipation warranting a special administrator | Collins: appointment unnecessary; pocketing/disinheritance arguments and jurisdictional issues defeat the request | Court: did not decide merits—reversed and remanded for county court to adjudicate on the merits |
| Whether a restraining order on the personal representative should have been entered | Anderson & Noble: statutes allow restraining order to prevent distributions and preserve estate pending contest | Collins: restraining order unwarranted and county court lacked jurisdiction | Court: issue intertwined with special-administrator request; remanded for county court determination |
Key Cases Cited
- In re Estate of Miller, 231 Neb. 723, 437 N.W.2d 793 (Neb. 1989) (previously read to grant district court broad jurisdiction after transfer; court disapproved that reading here)
- In re Estate of Muncillo, 280 Neb. 669, 789 N.W.2d 37 (Neb. 2010) (order denying appointment of a special administrator is final and appealable)
- Bohling v. Bohling, 309 Neb. 625, 962 N.W.2d 224 (Neb. 2021) (district court jurisdiction after transfer is limited to determining will validity)
- In re Estate of Beltran, 310 Neb. 174, 964 N.W.2d 714 (Neb. 2021) (framework for determining when interim orders affect substantial rights)
- In re Estate of Lakin, 310 Neb. 271, 965 N.W.2d 365 (Neb. 2021) (order denying suspension/removal and appointment of successor or special administrator is final and appealable)