Will Contest Case Succeeds at Appeal

Attorney Scott Kelly, representing the defendant, prevailed at the Court of Appeals in a will contest matter.  In this appeal from a district court order in probate proceedings, the plaintiff challenged the district court’s adoption of the county taxing authority’s estimated market value as the fair market value of certain real property.  The Court of Appeals agreed with the district court that the district court’s finding of fair market value had meaningful and adequate evidentiary support and was not clearly erroneous.

This was the second appeal arising from a dispute over the administration of the estate and Scott worked closely with his clients for more than two years to bring this dispute to its resolution.