If a claim for attorney fees in a probate matter is brought under this section, the burden is on the party challenging the reasonableness of the fee to show excessive compensation. Court of Appeals of Nebraska. Rev. In re Estate of Wagner, 253 Neb. 24 In addition, Neb.Rev.Stat. 1987); Neb. § 524.3-719 (West Supp. Appellants assign, restated, that the district court erred (1) in denying the motion for leave to intervene and (2) in failing to find, sua sponte, that all of the residual devisees were necessary and indispensable parties to the litigation. (2) Factors to be considered as guides in determining the reasonableness of a fee include the following: (a) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the service properly; (b) The likelihood, if apparent to the personal representative, that the acceptance of the particular employment will preclude the person employed from other employment; (c) The fee customarily charged in the locality for similar services; (d) The amount involved and the results obtained; (e) The time limitations imposed by the personal representative or by the circumstances; (f) The nature and length of the relationship between the personal representative and the person performing the services;  and. 222, 846 N.W.2d 646 (2014). Chapter 30. Nebraska Supreme Court Advance Sheets 306 Nebraska Reports IN RE ESTATE OF HUTTON Cite as 306 Neb. Rev. 222, 846 N.W.2d 646 (2014). § 30-2485 (Reissue 1995). The Nebraska Probate Code is set out in Neb.Rev.Stat. 1987); Me. 447, 488 N.W.2d 554 (1992). Subscribe. Chapter 30 - Decedents' Estates; Protections of Persons and Property, Article 24 - Probate of Wills and Administration, Part 7 - Duties and Powers of Personal Representatives, Section 30-2482 - Proceedings for review of employment of agents and compensation of personal representatives and employees of estate, Section 30-2481 - Expenses in estate litigation. However, Neb. 594 Graham testified that he was out of town for work during the months following the decedent’s death. ASSIGNMENTS OF ERROR . The intent of the Legislature is expressed by omis- Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds. In re Estate of Gsantner, 288 Neb. An interested party filed a motion, § 30-2482, to review Thomas' disbursements. Rev. From the date of this opinion forward, all claims for attorney fees in probate matters shall be filed pursuant to this section and not pursuant to section 30-2486. Decedents' Estates; Protection of Persons and Property § 30-2482. Section 30-2217 provides that appellate review under the code is governed by Neb.Rev.Stat. No. The standard of review in both the district court and in the Supreme Court in cases arising under this statute is for error appearing on the record. ASSIGNMENTS OF ERROR . Ann. Stat. See § 30-2482. Merrill SNOVER and Dorothy Willnerd, Copersonal Representatives of the Estate of Walter Snover, Deceased, Appellants and Cross-Appellees, v. William G. LINE, Individually and as Former Personal Representative of the Estate of Walter Snover, Deceased, Appellee and Cross-Appellant. 30-2482. Expenses in estate litigation. These factors are provided to aid in reviewing a personal representative fee when it is before a court on the petition for review of an interested person. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Copyright © 2020, Thomson Reuters. § 30-2482 (1985); Vt. Code of Professional Responsibility, DR 2-106 (1986). § 24-1106(3) (Reissue 1995). Statutes of limitations. The factors in section 30-2482 provide an indication of what facts the Legislature intended to be considered when determining a reasonable fee. It is not within the province of the courts to read a meaning into a statute that is not there or to read anything direct and plain out of a statute. Stat. 579 7. Receive free daily summaries of new opinions from the Nebraska Supreme Court. In re Estate of Nicholson, 241 Neb. 8. (g) The experience, reputation, and ability of the person performing the services. l8-A, § 3-721 (1981); Minn. Stat. In re Estate of Hutton Annotate this Case. If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not he is entitled to receive from the estate his necessary expenses and disbursements including reasonable attorneys' fees incurred. In reviewing the award of attorney fees in cases arising under this section, the standard of review in the district court and appellate courts is for error appearing on the record. Internet Explorer 11 is no longer supported. All rights reserved. Ann. Decedents' Estates; Protection of Persons and Property, Read this complete Nebraska Revised Statutes Chapter 30. Unless an estate is insolvent the personal representative, with the consent of all successors, may waive any defense of limitations available to the estate. Stat. Firefox, or Decedents' Estates; Protection of Persons and Property § 30-2482. Begin typing to search, use arrow keys to navigate, use enter to select. Stat. Neb.Rev. § 30-2482 Laws 1974, LB 354, § 160, UPC § 3-721; Laws 1980, LB 694, § 10. Legislature: Intent. Google Chrome, View Statute 30-2483; Chapter 30 Index; View Statute 30-2485 ; Chapter 30 30-2484. Parents are specifically given standing for other proceedings such as the appointment of a guardian, 23 appointment of a conservator, or other protective order. Stat. § 30-2486 (Reissue 1995) within the time limit prescribed in Neb.Rev.Stat. 356, 348 N.W.2d 136 (1984). See Neb.Rev.Stat. The burden of proof in a review under § 30-2482 is different from the burden of proof in the claim filed by the partnership, which was filed pursuant to Neb.Rev.Stat. § 30-2486 (Reissue 1995), the probate claims procedure. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw. Stat. The county court conducted a hearing on the partnership's claim … Microsoft Edge. § 30-1601 (Reissue 1985), which, in turn, provides that "[i]n all matters arising under the Nebraska Probate Code, appeals shall be allowed as provided in sections 24-541.01 to 24-541.10 and 24-551." § 24-1106(3) (Reissue 1995). Chapter 30 30-2481. § 30-2459 (Reissue 1979). Neb.Rev. STANDARD OF REVIEW. Rev. Revised Statutes; Chapter 30; 30-2484; Print Friendly. Rev. § 30-2482 (Reissue 2016), governing compensation of personal representatives and employees of … Stat. See Neb.Rev.Stat. Stat. Rev. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate on Westlaw, industry-leading online legal research system, Survey Reveals Law Students Worry About Tuition Cost, Engagement During Pandemic, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact, House Passes Open Courts Act Targeting PACER Reform, State Attorneys General File New Lawsuit Against Google Over Advertising Tactics. Neb. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 30-2482(2) (Reissue 2008) provides a list of factors to be considered as guides in determining the reasonableness of a fee awarded to a personal representative. We recommend using See also infra Appendix 1. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Kerrigan & Line filed its claim for legal services in the county court for Dodge County in the manner prescribed in Neb.Rev.Stat. An interested party filed a motion, § 30-2482, to review Thomas' disbursements. Ct. App. Justia Opinion Summary. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. When challenging attorney fees awarded from an estate for services rendered, the burden is on the challenger to show excessive compensation. Stat. Rev. If a claim for attorney fees in a probate matter is brought under this section, the burden is on the party challenging the reasonableness of the fee to show excessive compensation. In re Estate of Gsantner, 288 Neb. tit. Neither copersonal representative mailed a notice of disallowance of the claim within 60 days as required by Neb.Rev. In re Estate of Snyder, 217 Neb. A-94-579. STANDARD OF REVIEW. Print Friendly. §§ 30-2201 to 30-2902 (Reissue 1985). Neb. Make your practice more effective and efficient with Casetext’s legal research suite. - 598 - Nebraska Supreme Court A dvance Sheets 301 Nebraska R eports IN RE ESTATE OF GRAHAM Cite as 301 Neb. § 30-2467 (Reissue 2016). 1 See Neb. § 30-2481 (Reissue 2016), governing expenses in estate litigation; and Neb. The Estate argues that the case is governed by Neb. 2014 Nebraska Statutes > 2014 Nebraska Statutes > Chapter 30 – Decedents’ Estates; Protection of Persons and Property. Current with effective changes from the 2020 Legislative Session through 8/17/2020. § 30-2459 (Reissue 1979). As a result, Graham was unable to transfer the keys to the home to Gallagher. 498, 571 N.W.2d 76 (1997). Stat. Appellants assign, restated, that the district court erred (1) in denying the motion for leave to intervene and (2) in failing to find, sua sponte, that all of the residual devisees were necessary and indispensable parties to the litigation. Statutes. 533 In re ESTATE OF Walter SNOVER, Deceased. Rev. § 733.617 (West Supp. Stat. The 3-year limitations period of section 30-2485 (a) (2) applied to the Department of Health and Human Services' Medicaid estate recovery claim because the personal representative failed to send notice to the department within 5 days of the date on which notice to creditors was first published, as required by this section and section 25-520.01. 4 Neb. (1) After notice to all interested persons or on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative including any attorney, auditor, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for his or her own services, may be reviewed by the court. 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