In re Trust of Radford

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In re Trust of Radford

Case Number
Call Date
March 30, 2017
Court Number
Case Summary

S-16-0415, In re Trust of Radford

Douglas County, Hon. Stephanie R. Hansen

Attorneys: Richard A. DeWitt; Steven G. Ranum (Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, LLC) ' Jeffrey J. Blumel; Kelsey M. Weiler (Abrahams Kaslow & Cassman LLP)

Civil: disposition of trust

Proceedings Below: Upon application for direction filed by the trustee, the county court determined that $200,000 transferred by the decedent, Sheila Radford, to her daughter, Mary Radford, three years before the trust instrument was adopted, should be treated as an advancement of Mary's inheritance and counted against Mary's share of the residuary of the trust because Mary executed a contemporaneous writing acknowledging the $200,000 as inheritance.

Issues: The appellant, Mary Radford, assigns that the county court erred in (1) determining that Neb. Rev. Stat. ' 30-2350 applied to trusts; (2) finding that the doctrine of ademption applies to a gift made before the trust instrument is made; (3) ignoring the intent of Sheila Radford to give her daughter Mary Radford a 1/6 interest in the Trust; and (4) determining that a deduction should be made to Mary Radford's share of the trust based on the 2007 gift.