In re Conservatorship of Trobough

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In re Conservatorship of Trobough

Case Number
S-16-0605
S-16-0633)
Call Date
February 1, 2017
Court Number
Douglas
Case Summary

S-16-0605) and S-16-0633) In re Conservatorship of Marie J. Trobough, a protected person, Lorraine Bain, Personal Representative of the Estate of Marie J. Trobough (Appellant) v. Lynne Timmerman Fees, Special Conservator, and Gloria Clippinger, an interested party

Douglas County, Judge Darryl R. Lowe

Attorneys: Susan J. Spahn & Brian S. Koerwitz (Endacott Peetz & Timmer, PC LLO) (Appellant) --- Kirk E. Goettsch (Goettsch Law Firm) (Appellee Lynne Timmerman Fees) --- Robert J. Murray, Kyle Wallor & Daniel J. Hassing (Lamson, Dugan & Murray, LLP) (Appellee Gloria Clippinger)

Civil: Conservatorship; property; fees

Proceedings below: The county court denied Appellant's motion for immediate transfer or property and granted Appellee Clippinger's application for attorney fees in the amount of $53,825.83. Appellant filed this appeal and Appellees filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: The county court erred in 1) denying Appellant's motion requesting the property held in the conservatorship be transferred to her and refusing to order the Special Conservator to immediately transfer the conservatorship estate property to Appellant, the Personal Representative of the Estate of Marie J. Trobough, 2) awarding Appellee Clippinger's attorney fees and costs to Robert Murray and the Lamson, Dugan & Murray Law Firm because there is no basis in case law or statutes that supports the payment of her fees from the estate and there was no evidence that said fees were fair and reasonable, 3) awarding Appellee Clippinger's attorney fees and costs to Robert Murray and Lamson, Dugan & Murray Law Firm because there was no evidence that the fees were reasonably necessary to obtain Clippinger's discharge, 4) finding that Murry's testimony established that the work was largely done to prepare for defenses of his client's accounting, and 5) not allowing Appellant Bain to testify at the April 24, 2016, hearing in support of her motion to transfer the property from the conservatorship to her, as personal representative of the Estate of Marie J. Trobough.