In re Estate of Stuchlik
289 Neb. 673
Neb.2014Background
- Edward J. Stuchlik, Jr. died testate; estate assets were transferred into a family trust for the benefit of Margaret and the children.
- John E. Stuchlik sought removal of Margaret as personal representative and removal of Margaret and Kenneth as cotrustees of the family trust.
- Partnership Stuchlik Farms Ltd. owned farm real estate; ownership reallocated among family members prior to death.
- The Fifth Article of the will directed distributions to sons via the trust, including a home place parcel for John.
- County court ruled on jurisdiction, contract-for-wills, and fiduciary duties; appeal followed seeking removal and trust-related relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contract for wills or oral trust exists? | John argues there was a contract for wills or oral trust. | Margaret argues no contract; documents show mutual will standards. | Irrelevant to removal; contract not established. |
| County court jurisdiction over partnership assets? | John asserts partnership actions affect fiduciary duties. | County court lacks jurisdiction over partnership disputes. | Remand to consider partnership actions as they relate to fiduciary duties. |
| Removal as cotrustee | John seeks removal for breaches of fiduciary duties via partnership actions. | Removal requires breaches; contract evidence insufficient. | Removal proper only if fiduciary breaches; remand to assess partnership-related breaches. |
| Removal as personal representative | Removal warranted for mismanagement of trust assets. | Personal representative duties completed; asset transfer to trust. | Removal of personal representative not proper; duties completed. |
| Attorney fees and costs on appeal | John seeks fees for challenging fiduciary conduct. | Fees governed by substantial success standard; discretionary on remand. | Fees to be determined on remand. |
Key Cases Cited
- Pruss v. Pruss, 245 Neb. 521 (1994) (contract for wills and breach actions; mutual will context)
- Lamplaugh, 270 Neb. 941 (2006) (estate proceedings; probate jurisdiction and fiduciary duties)
- Johnson v. Anderson, 278 Neb. 500 (2009) (contract for wills; evidentiary rules; expert considerations)
- Reed v. Ringsby, 156 Neb. 33 (1952) (trustee duties and conflicts of interest)
- Layton v. Layton, 207 Neb. 646 (1981) (trust and heirs; probate and equitable powers)