In re Estate of Edwards

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In re Estate of Edwards

Case Number
S-21-0392
Call Date
March 1, 2022
Case Time
9:00 AM
Court Number
Douglas
Case Location
Lincoln
Court Type
County Court
Case Summary

S-21-0392, In re Estate of Edwards

Appeal from the County Court for Douglas County, Judge Jeffrey L. Marcuzzo

Attorneys:  Joseph Clayton Byam II (Byam Hoarty) for Appellee, and James W. Crampton (Crampton Law Firm) for Appellant. 

Civil: Probate; jurisdiction

Proceedings below: The county court entered an order assessing inheritance tax in accordance with Appellee’s tax worksheet that did not include Appellant as a beneficiary. After Appellee filed a schedule of distribution consistent with his tax worksheet, Appellant filed a Motion to Determine Distribution, which asked for an amended order that re-assessed his inheritance tax obligation. The county court found Appellant’s debts to his mother’s estate should count against his intestate share under Neb. Rev. Stat. § 30-2311 and ordered that Appellant’s share of the distribution to be as previously determined.

Issues:  Whether the county court erred in finding that Neb. Rev. Stat. §30-2311 was controlling and ordered distribution excluding Appellant.

Schedule Code
SC