S-20-0502 Robert Bohling (Appellant) v. Kimberly Bohling
Johnson County District Court, Hon. Ricky A. Schreiner
Attorneys: Richard R. Smith (Attorney for Appellee) – Angelo M. Ligouri (Ligouri Law Office, for Appellant)
Civil: Probate; Summary judgment
Proceedings below: The district court determined that the terms “balance residue and remainder” in the Will, meant Decedent’s entire estate and that Robert Bohling was disinherited from his father’s entire estate by Robert Bohling being excluded from the “balance residue and remainder” provision of the Will. The court determined that Appellee “made a showing that Willis Bohling had testamentary capacity as of the time of the execution of his Will on July 13, 2015” and, the trial court cited and relied on the evidence presented by Appellee within the trial court’s analysis in determining there is no issue of material fact regarding undue influence.
Issues on Appeal: Whether the district court 1) erred in finding “the contested language is clear, unambiguous devise and/or distribution of the Decedent’s entire estate;” 2) erred in determining “the clear intent of Willis Bohling [was] that Appellant receive nothing under his Will;” 3) failed to determine that there was no issue of material fact and did not consider the evidence in the light most favorable to the Appellant; 4) erred in determining conclusions of law inconsistent with the evidence presented and the standard of review upon the motion for summary judgment; and 5) failed to consider the evidence presented by Appellant in determining the motion for summary judgment.