In the case of "In re Michael Hessler Living Trust," the Nebraska Supreme Court interpreted directives concerning inheritance tax allocation as specified in a living trust formed by the decedent, Michael Hessler. The appellants, Hessler's children, contested the trustee's decisions regarding the distribution of the trust's assets and the payment of inheritance taxes, especially about a significant property granted to the decedent's girlfriend, Lori J. Miller.

Michael Hessler established a living trust in 2006, with subsequent amendments, notably one that explicitly bequeathed his residence to his girlfriend, Lori J. Miller, provided she lived there at the time of his death. Following Hessler's death in November 2020, disagreements emerged over who should bear the burden of inheritance taxes. Specifically, the dispute centered on whether these taxes should be equally apportioned among all beneficiaries or paid from the trust's residue as directed by the trust's provisions.

Hessler's children filed a petition against the trustee and Miller, asserting that inheritance taxes and administrative expenses related to the residence should be charged against Miller's share. The trustee moved the case to Scotts Bluff County, asserting that the trust was registered there, a move that the children later contested. Ultimately, the Court upheld the venue transfer.

The Nebraska Supreme Court addressed several critical issues in this case:

Venue Transfer: The Court upheld the venue transfer, stating it was within the trial court's discretion and justified by the trust's registration in Scotts Bluff County.
Inheritance Tax Apportionment: A central issue was the interpretation of the trust's language regarding the payment of inheritance taxes. The trust explicitly stated that all inheritance and estate taxes should be paid "from this trust," which the Court interpreted as a clear and unambiguous directive that superseded the default statutory provisions requiring equal apportionment among beneficiaries.
Jurisdiction and Admissibility of Evidence: The Court determined it had jurisdiction over the appeal and held that the lower Court did not significantly err in admitting extrinsic evidence to determine the settlor's intent. The Court stated that any such mistake was harmless as the decision rested primarily on the clear language of the trust and its amendments.

The Supreme Court affirmed the lower Court's decision, validating the trustee's actions in administering the trust according to the settlor's explicit instructions. The ruling clarified how trust documents concerning tax liabilities should be interpreted and reinforced the legal principle that clear and unambiguous language in a trust document or will must be adhered to. This decision provides crucial guidance on the administration of estates and the responsibilities of trustees.

This case underscores the importance of precise language in estate planning documents, especially concerning tax obligations. It illustrates the complexities of trust administration, particularly when substantial assets and tax implications are involved. Additionally, it highlights the judiciary's role in resolving disputes based on the interpretation of legal documents following the settlor's intent.

This decision serves as a critical reference for legal professionals involved in estate planning and trust administration. It emphasizes the need for clarity and specificity in drafting trust documents to ensure the settlor's wishes are accurately executed and legal conflicts are minimized. The ruling in this case is a vital reminder of the importance of meticulous estate planning and the impact of precise language in legal documents. Erickson Sederstrom Law Firm is here to help you you with all of your Estate Planning needs.