In re Estate of Alberts

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In re Estate of Alberts

Case Number
Call Date
January 7, 2016
Court Number
Case Summary

S-15-0173 In re Estate of Emil C. Alberts; Lois Alberts v. Mark Alberts and Mike Alberts (Appellants)

Custer County Court, Judge Tami K. Schendt

Attorneys: William J. Lindsay, Gross & Welch P.C., L.L.O., for appellants Mark Alberts and Mike Alberts in their idivudual capacities'Gregory C. Scaglione and John V. Matson, Koley Jessen P.C., L.L.O., and Claude E. Berreckman, for appellee--- Steve Windrum (for cross-appellees Mark Alberts and Mike Alberts in their capacities as co-personal representatives and co-trustees)

Civil: Probate

Proceedings Below: County court determined the amount of the surviving spouse's elective share.

Issues: Appellants assign that the county court erred by (1) finding that the surviving spouse filed an effective petition for elective share, and (2) including in the augmented estate certain real estate in the decedent's revocable trust; (3) failing to find the deeds transferring assets into the revocable trust resulted in the exclusion of the assets under Neb. Rev. Stat. ' 30-2314(c)(2).