A-24-494, In re Estate of Farrington, Ramona Farrington (Claimant/Appellant) v. Teresa L. Hauck, Personal Representative of the Estate of Brenda J. Farrington, deceased (Appellee)
County Court for Lancaster County, Judge Holly J. Parsley
Attorneys for Appellant: Cathy S. Trent-Vilim, John M. Walker, and Ellen K. Geisler (Lamson Dugan & Murray LLP)
Attorney for Appellees: Raymond P. Daugherty (Mattson Ricketts Law Firm, LLP)
Probate: Non-Claims; Statute of Limitations; Summary Judgment
Action Taken by Trial Court: After her claim against the estate was denied by Appellee, Appellant filed a petition for disallowance of claim in the county court. Both Appellant and Appellee filed motions for summary judgment. After a hearing, the county court granted Appellee’s motion for summary judgment, concluding that Appellant’s claim was barred by the statute of limitations.
Assignments of Error on Appeal: On appeal, Appellant asserts that the county court erred in (1) granting summary judgment based on Appellant’s noncompliance with Nebraska’s nonclaim statute, since the property in dispute does not involve “claims”; (2) determining the appropriate statute of limitations for filing her claim; (3) concluding that Appellant’s claim was filed out of time; (4) granting Appellee’s motion for summary judgment because there exists material issues of fact; and (5) denying Appellant’s motion for summary judgment because the evidence is undisputed that there was an enforceable contract with the decedent which was breached.