Our Landmark Cases
Abbott v. Brennemann
288 Neb 389 (2014)
In this case, the Nebraska Supreme Court ruled that if a trustee does not
perform their duty and a lawsuit is necessary in order to establish a
breach of duty but the beneficiary is unable to prove damages, the beneficiary
is still entitled to file a claim and recover attorney fees.
In re Margaret Mastny Revocable Trust
281 Neb 188 (2011)
The Court concluded that an "issue-specific approach is preferable
and more consistent with our standard for appellate review under the Nebraska
Probate Code than simply labeling all trust administration cases as equitable
in nature and subject to a de novo on-the-record standard of review."