In re Estate of Chess

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In re Estate of Chess

Case Number
Court Number
Call Date
June 7, 2023
Case Time
9:00 AM
Case Summary

No. A-22-0782, In re Estate of Chess—Richard Chess, Personal Representative (Appellant), Christine Spayers, Successor Personal Representative (Appellee)

Douglas County Court, Judge Darryl R. Lowe

Attorney for Appellant: Thomas E. Whitmore (Whitmore Law Office)

Attorneys for Appellee: Nicole Seckman Jilek & Julie M. Ryan (Abrahams Kaslow & Cassman)

Civil: Probate; Removal of Personal Representative and Surcharge Against Personal Representative

Action Taken by Lower Court: The county court (1) found cause to remove Appellant (Richard) as Personal Representative (PR) of the estate; (2) found cause to surcharge Richard for dissipation of the assets of the estate; (3) awarded Appellee (Christine) attorney’s fees and costs; and (4) denied Richard’s request for attorney’s fees and costs.

Assignments of Error on Appeal: On appeal, Appellant (Richard) assigns that the county court erred in removing him as personal representative of the estate; in ordering him to pay a surcharge to the other beneficiaries of the estate; in awarding Appellee (Christine) attorney fees incurred in connection with the filing of the petition to remove him as personal representative of the estate; and in denying his request for attorney fees.

Case Location
Court Type
County Court
Schedule Code
Panel Text
Pirtle, Chief Judge, Moore and Arterburn, Judges