S-20-0691 In re Estate of Armengol Beltran, Mario Beltran (Appellant) v. Marina Beltran-Barrett
Lancaster County Court, Hon. Holly Parsley
Attorneys: JL Spray and Andrew R. Spader (Mattson Ricketts Law Firm, for Appellant); Karin L. Walton (Attorney for Appellee)
Civil: Probate
Proceedings below: The county court denied Appellant’s request pursuant to Neb. Rev. Stat. § 30-402 for an order instructing the personal representative his allegations of fraud against Appellee.
Issues on Appeal: Whether 1) the county court’s order denying Appellant’s request for instructions pursuant to Neb. Rev. Stat. § 30-402 was a final appealable order; 2) the county court erred when it denied Appellant’s request for instructions after it determined that Appellant failed to comply with procedural requirements of Neb. Rev. Stat. § 30-402 and that an interested party cannot request instructions pursuant to Neb. Rev. Stat. § 30-402; 3) the county court erred when it did not cite Appellee to appear and be examined as allowed under Neb. Rev. Stat. § 30-402; and 4) the court erred when it denied the Appellant’s motion to compel Appellee’s husband to produce documents pursuant to a subpoena duces tecum.