A-24-0625; A-24-0626, In re Estate of Theresa A. Meyers
Douglas County, County Court Judge Jeffrey L. Marcuzzo
Attorney for Appellant: Claude E. Berreckman, Jr. (Berreckman & Bazata, P.C., L.L.O)
Attorney for Appellee: Matthew Wurstner (Carlson & Blakeman, LLP)
Probate Action: petitions for review of attorney fees
Action Taken by Trial Court: The county court denied a petition for review of compensation based upon its findings that the fees charged by the law firm on an hourly basis were reasonable and that the law firm did not have a conflict of interest in representing both the personal representative of Myers’ estate and the co-trustees of Meyers’ trust.
Assignments of Error on Appeal: Appellants assign that the county court erred in (1) failing to address the nature of the law firm’s fee agreement with the fiduciaries of the estate and the trust; (2) failing to consider the results obtained by the law firm in representing the personal representative and the co-trustees in determining the reasonableness of the fees, (3) finding that the attorney fees charged were fair and reasonable, and (4) failing to determine that the law firm had a conflict of interest in representing both the personal representative of the estate and the co-trustees of the trust.