Friday, February 09, 2007
In a local Anna Nicole Smith scenario, second wife who was POD beneficiary on deceased husband's bank account could not stop payment on $10000 check he wrote to his first wife just days before his death. In re Trust of Rosenberg (Rosenberg II), S-05-757, 273 Neb. 59 Nebraska Supreme Court on 2nd appeal See In re Trust of Rosenberg, 269 Neb.310, 693 N.W.2d 500 (2005) (Rosenberg I). between the deceased's second wife and his children over disputed estate assets finds that Wife2 was not allowed to stop payment on the $10k check deceased husband wrote to Wife1 just days before his death, even though Wife2 was a POD on the account. The estate documents also did not clearly identify whether various assets of the deceased would become trust or personal assets of Wife2 following his death, so the Nebraska Supreme Court finds they would become wife2's assets. Finally Wife2 whom the county court removed as trustee in a final order could not present a bank's trust officer as her expert witness on her management abilities. Sounds like Wife2 did pretty well for herself after all.