In re Eileen Ryan Revocable Trust

Summary

The Nebraska Supreme Court affirmed summary judgment against Constance Ryan, holding that distributions she received from irrevocable GRATs were Countable Assets under the unambiguous trust language and already satisfied the $5 million bequest. The court also held that the personal representative of the related estate was an indispensable party because the trust determination affected his estate-administration duties and tax obligations. Reformation was properly denied because the evidence did not create a genuine issue that both the settlor’s intent and the trust terms were affected by a mistake of fact or law.