In re Estate of Forgey

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In re Estate of Forgey

Case Number
Call Date
December 7, 2017
Case Time
9:00 AM
Court Number
Keya Paha
Case Location
Case Summary

S-16-1027, In re Estate of Forgey

County Court of Keya Paha County, Hon. James J. Orr

Attorneys: David A. Domina (Domina Law Group) — Kyle S. Irvin (Corbett Anderson); Michael L. Johnson (Leininger, Smith, Johnson, Baack, Placzek & Allen)

Civil: administration of trust

Proceedings Below: A trust beneficiary (Marvel Forgey) sued to remove another beneficiary (Lyle Forgey) as trustee, secure administration of the trust, value trust assets and divide them into separate trusts, and determine liabilities for alleged breaches of fiduciary duties by Lyle. The county court’s findings will be discussed in the facts section below.

Issues: The appellants, Marvel Forgey and her children, assign that the county court erred when it (1) held no damages were associated with Lyle’s failure to render accountings; (2) failed to hold Lyle liable for excess interest on estate tax debt caused by failure to pay taxes on time, and loss of installment payment interest benefits; (3) failed to find that Lyle caused damages for loss of the alternative valuation election of 26 USC § 6166, requiring payment of avoidable taxes; (4) failed to value assets as of the filing date or the date of trial, and failed to assess damages for delayed administration; (5) awarded Lyle substantially all trust income retroactively to the time of his father’s death; (6) failed to award damages against Lyle for nonpayment of rents; (7) failed to award damages against Lyle for failure to collect valid debts owed to the trust; and (8) failed to award attorney’s fees and costs to the appellants.

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