In re Estate of Clason

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In re Estate of Clason

Case Number
A-18-0380
Court Number
Furnas
Call Date
May 14, 2019
Case Time
1:30 PM
Case Summary

A-18-380, In re Estate of Clason

Furnas County District Court, Judge David W. Urbom

Attorney for Appellant: Siegfried H. Brauer (Brauer Law Office)

Attorney for Appellees Lee and Jim Clason: Roger L. Benjamin (Roger L. Benjamin, P.C.)

Attorney for Appellee Susan Bayliss: David W. Rowe (Kinsey Rowe Becker & Kistler, LLP)

Attorneys for Appellees Deshane Nelson, Cassie Triplett, Rachel Bennett, Amber Scamehorn, Whitney Wolstenholm Felker, Jeremy Gove, Jeffrey Gove, and Jennifer Digaetano: Damien J. Wright and Sara A. Larson (Welch Law Firm, P.C.)

Civil Action: Will Contest; Undue Influence

Action Taken by the Trial Court: Ruth Clason died in 2013. Following her death, the nominated co-personal representatives of Ruth’s estate, daughter Susan Bayliss and son Lee Clason sought to informally probate the “Last Will of Ruth E. Clason” signed in 2011, and asked to be informally appointed as co-personal representatives. The registrar of the county court for Furnas County accepted their requests, and Susan and Lee each accepted their appointments. Another son, Steven Clason, then filed a petition alleging that the 2011 will was the result of undue influence and that Ruth lacked the mental competency or testamentary capacity to execute that will. Steven believed a 2008 will was the only validly executed will concerning Ruth’s estate. Eventually the case was transferred to the district court where Susan moved for summary judgment on Steven’s claims. The district court granted summary judgment in favor of Susan on issues of testamentary capacity and undue influence, and it ordered the 2011 will be admitted to probate.

Assignments of Error on Appeal: Steven claims the district court (1) erred in not admitting certain evidence that allegedly was evidence of undue influence and (2) erred in granting summary judgment, specifically with regard to the undue influence determination.

Case Location
North Platte
Court Type
District Court
Schedule Code
A1
Panel Text
Moore, Chief Judge, Pirtle, and Bishop, Judges