S-22-0979 In re Estate of Rita Walker, Mark E. Walker (Appellant) v. Michael J. Walker (Appellee)
Appeal from County Court for Douglas County, Judge Stephanie S. Shearer
Attorneys: Lisa Line (Brodkey, Cuddigan, Peebles, Belmont & Line, LLP for Appellant) and David D. Begley (Elder Law and Estate Planning of Nebraska, David D. Begley, P.C., L.L.O. for Appellee).
Probate: Undue Influence and Last Will and Testament
Proceedings below: The county court declined to probate Decedent’s September 15, 2021, will, because it found that Decedent was unduly influenced when the will was drafted. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The trial court erred in determining Exhibit 7 was not relevant and therefore inadmissible; 2) The trial court erred in determining Exhibit 7 was inadmissible hearsay; and 3) The trial court erred in determining Rita Ann Walker's Last Will and Testament executed September 15, 2021 was void due to undue influence and ordering the estate to proceed in intestacy with Michael Walker as personal representative.