In re Trust of Masek

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

In re Trust of Masek

Case Number
S-21-0552
Call Date
March 31, 2022
Case Time
9:00 AM
Court Number
Gage
Case Location
Lincoln
Court Type
County Court
Case Summary

S-21-0552  In re the Charles and Patricia Masek Family Trust

Appeal from the County Court for Gage County, Judges Steven B. Timm and Linda A. Bauer

Attorneys:  Matt Catlett (Law Office of Matt Catlett for Appellant) and Douglas Ruge, II (Ruge Law for Appellee)  

Probate:  Petition for Accounting of a Trust; Personal and Subject Matter Jurisdiction

Proceedings below: The county court entered an order denying Appellant’s Motion for a New Trial. 

Issues: Appellant assigns the following errors on appeal:  1) the county court lacked subject matter jurisdiction because Patricia was an indispensable party but was not served, and she did not voluntarily appear; 2) the county court erred in denying Mark and Dianne’s joint “Special Appearance and Motion for New Trial” because process and service of process were insufficient; 3) the county court erred in denying Mark and Dianne’s joint “Special Appearance and Motion for New Trial” because the county court lacked personal jurisdiction over them; 4) the county court lacked subject matter jurisdiction over the Amended Petition for Removal of Trustees, Surcharge/Damages For Injunctive Relief, Declaring Amendments Void and Accounting” because it was not signed; 5) assuming that the Amended Petition for Removal of Trustees, Surcharge/Damages For Injunctive Relief, Declaring Amendments Void and Accounting” was properly characterized as one brought under the Uniform Trust Code to remedy a breach of the Trust by Mark and Dianne under a theory that they were trustees, the county court’s judgment was contrary to its own findings; 6) the county court erred in entering judgment, “in favor of the [sic] Barry Masek as Guardian and Conservator for Patricia Masek, Trustee and Beneficiary of the Charles and Patricia Masek Family Trust;” and 7) the county court’s judgment was not sustained by the evidence.

Schedule Code
SC