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In re Estate of Ackerman

Court of Appeals of Nebraska

March 14, 2017

In re Estate of Elsie R. Ackerman, deceased.
v.
Judith Bolejack, Personal Representative and individually, appellee. Sandra Underwood, appellant,

         1. Decedents' Estates: Appeal and Error. An appellate court reviews probate cases for error appearing on the record made in the county court.

         2. Decedents' Estates: Judgments: Appeal and Error. When reviewing questions of law in a probate matter, an appellate court reaches a conclusion independent of the determination reached by the court below.

         3. Decedents' Estates: Appeal and Error. The probate court's factual findings have the effect of a verdict, and an appellate court will not set those findings aside unless they are clearly erroneous.

         4. Decedents' Estates: Banks and Banking: Intent. When documents to a bank account do not meet the sample form provided for in Neb. Rev. Stat. § 30-2719(a) (Reissue 2016), their interpretation is governed by the provisions of Neb. Rev. Stat. §§ 30-2716 through 30-2733 (Reissue 2016) applicable to the type of account that most nearly conforms to the depositor's intent.

         5. Decedents' Estates: Banks and Banking: Notice. Pursuant to Neb. Rev. Stat § 30-2724(a) (Reissue 2016), the type of bank account may be altered by written notice given by a party to the financial institution to change the type of account. The notice must be signed by a party and received by the financial institution during the party's lifetime.

         6. Decedents' Estates: Banks and Banking. A right of survivorship arising from a payable-on-death designation may not be altered by will.

         7. Appeal and Error. An appellate court is not obligated to engage in an analysis that is not necessary to adjudicate the case and controversy before it.

         [24 Neb.App. 589] 8. ___. An alleged error must be both specifically assigned and specifically argued in the brief of the party asserting the error to be considered by an appellate court.

         Appeal from the County Court for Lancaster County: Holly J. Parsley, Judge. Affirmed.

          Wayne E. Janssen for appellant.

          Joel Bacon, of Keating, O'Gara, Nedved & Peter, PC, L.L.O., for appellee.

          Riedmann and Bishop, Judges, and McCormack, Retired Justice.

          ...


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