In re Estate of Jack H. Gsantner

Summary

The Nebraska Supreme Court reviewed an appeal concerning the reasonableness of a $25,000 personal representative fee awarded in the estate of Jack H. Gsantner. The court held that the fee award was a final, appealable order affecting the personal representative’s substantial right to reasonable compensation, and affirmed the award because it was supported by competent evidence and was not arbitrary, capricious, or unreasonable.

Holdings

1. An order awarding a personal representative fee is a final order when it affects the personal representative's substantial right to reasonable compensation and finally determines the total compensation payable for the services at issue.
2. The county court did not err in awarding Gray a $25,000 personal representative fee because competent evidence supported the award and the decision was not contrary to law, arbitrary, capricious, or unreasonable.

Questions Presented

1. Whether the county court's order awarding Gray a $25,000 personal representative fee was a final, appealable order under Neb. Rev. Stat. § 25-1902.
2. Whether the county court erred in determining that $25,000 was reasonable compensation for Gray's services under Neb. Rev. Stat. § 30-2480.

Disposition

affirmed