Legal Opinion

Wells Fargo Bank, N.A. v. Estate of Mansfield

Nebraska Supreme Court

Decided August 31, 2007No. S-06-002PublishedCited by 16 opinions

1Opinion of the Court

Heavican, CJ.

NATURE OF CASE

The county court determined, without an evidentiary hearing, that after the beneficiary of a discretionary support trust had died, the trustee could not pay claims for the beneficiary’s health care expenses because the purpose of the trust had ceased to exist. We conclude that a decedent beneficiary’s estate can seek to enforce the beneficiary’s interests in a trust to the same extent that the beneficiary could have enforced his or her interests immediately before death. We further conclude that an evidentiary hearing was required before the county court could…

2Cases cited19 opinions

  1. In Re Trust of RosenbergNebraska Supreme Court · 2007
  2. Johnson v. StateNebraska Supreme Court · 2005
  3. Smith v. SmithNebraska Supreme Court · 1994
  4. Leverett v. BarnwellMassachusetts Supreme Judicial Court · 1913
  5. In Re Estate of StephensonNebraska Supreme Court · 1993

14 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Law Offices of Ronald J. Palagi v. HowardNebraska Supreme Court · 2008
  2. In Re Estate of HedkeNebraska Supreme Court · 2009
  3. Denali Real Estate, LLC v. Denali Custom Builders, Inc.Nebraska Supreme Court · 2019
  4. Denali Real Estate v. Denali Custom BuildersNebraska Supreme Court · 2019
  5. In Re Estate of CooperNebraska Supreme Court · 2008

11 more not listed; retrieve them via the Exa API.

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