IN RE INTEREST OF HANSEN

Nos. S-10-537, S-10-902.

798 N.W.2d 398 (2011)

281 Neb. 693

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.

June 10, 2011.


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., for appellees Paula Baird-Kaminski and Stephen Scholder.

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., CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.


STEPHAN, J.

This case is before us for the second time. It presents the question of whether a trustee violated its fiduciary duty by declining to pay the amount of the beneficiary's last-illness expenses to the beneficiary's estate following her death. In the first appeal, we held 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...

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