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IN RE TRUST CREATED BY HANSEN

No. S-06-002.

739 N.W.2d 170 (2007)

274 Neb. 199

In re TRUST CREATED BY Henry S. HANSEN, Deceased. Wells Fargo Bank, N.A., Trustee of the Henry S. Hansen Trust, et al., Appellees v. Estate of Ruth Elaine Mansfield, Appellant.

Supreme Court of Nebraska.

August 31, 2007.

Attorney(s) appearing for the Case

Michael D. McClellan and William E. Gast, of Gast & McClellan, Omaha, for appellant.

M.H. Weinberg, of Weinberg & Weinberg, P.C., Omaha, for appellees Stephen S. Scholder and Paula Sue Baird Kaminski.

William R. Johnson, of Lamson, Dugan & Murray, L.L.P., Omaha, and Raymond E. Walden, of Walden Law Office, for appellee Wells Fargo Bank, N.A.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

HEAVICAN, C.J.

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...

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