In re Trust of Shire

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In re Trust of Shire

Case Number
Call Date
December 5, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-0263 In re Trust of Jennie Shire, deceased. Shirley Gronin, beneficiary, (Appellant) v. Unknown/Undiscovered Heirs, Wells Fargo Bank, successor trustee, and Robert Banner et al.

Lancaster County, Judge Holly J. Parsley

Attorneys: Daniel E. Klaus (Rembolt Ludtke LLP) — Chris Blomenberg (McHenry, Haszard, Roth, Hupp, Burkholder & Blomenberg, PC, LLO) (for appellee Unknown/Undiscovered Heirs), John C. Hurd & Krista M. Carlson (Wolfe, Snowden, Hurd, Luers & Ahl, LLP) (for appellee Wells Fargo Bank, National Association, Successor Trustee), and J.L. Spray (Mattson Ricketts Law Firm) (for appellees Robert Banner et al.) 

Probate: Trust Proceeding

Proceedings Below: The court denied the trustee’s motion to modify the monthly payment to Shirley Gronin.

Issue: Appellant assigns that the county court erred in (1) concluding that modification of the trust to provide increased disbursements was not appropriate pursuant to § 30-3837(b) or (e) or under the doctrine of deviation, (2) concluding that Gronin’s current living circumstances were not unanticipated by the decedent, and (3) concluding that the purpose of the trust did not include providing a reasonable income to Gronin.

Schedule Code