In an unpublished memorandum opinion, the Nebraska Court of Appeals reversed and remanded to the trial court with instructions to reinstate, a trustee for whom there was not sufficient evidence to justify removal from office. The opinion may be read here.
Domina Law Group pc llo’s client, the trustee, was alleged to have failed to have administered the trust effectively and of committing misconduct. After briefing and oral argument the Court of Appeals ruled that the prior decision to remove the trustee “does not conform to the law and is not supported by competent evidence.”
“Our client is thrilled with the result and the vindication and is eager to move forward executing his duties as co-trustee of the Trust,” Brian Jorde, the lawyer handling the case stated.
Jorde continued, “unfortunately family disputes regarding Estate and Trust matters can bring out and magnify unresolved family issues and emotions that cloud decision making and create significant battles, as was the case here. It is time for everyone to move forward.”
February, 2011
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