Opinion
No. 69567
02-10-2017
IN THE MATTER OF THE ESTATE OF MAURICE LAHUE, DECEASED. AMY LAHUE, Appellant, v. PAMELA OLEKAS; ESTATE OF MAURICE LAHUE; AND LAHUE FAMILY TRUST 1/29/98, Respondents.
ORDER OF AFFIRMANCE
This is an appeal from a district court order for distribution of estate assets. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge.
Appellant Amy Lahue was the administrator of her father's estate and successor trustee of the family trust, which was the recipient of most of the assets of the estate. After Lahue and her sister, respondent Pamela Olekas, entered into a settlement agreement resolving various issues relating to the estate and the trust, and the district court approved the settlement agreement, Lahue petitioned the district court for a final order to settle the estate and distribute her father's assets, including distribution of the trust assets. The district court granted the petition and ordered the final distribution, and this appeal followed.
On appeal, Lahue argues that, although the settlement agreement did not specifically provide for her to receive payment for acting as administrator of the trust, it did not preclude such payment, to which she was entitled under the terms of the trust. To the extent that Lahue's appellate arguments may be construed as challenging either the settlement agreement or the final order for distribution, she waived her appellate arguments by failing to raise them in the district court. See Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981) ("A point not urged in the trial court, unless it goes to the jurisdiction of that court, is deemed to have been waived and will not be considered on appeal."). And because Lahue has not raised any other argument asserting that the final order for distribution was improperly entered, we necessarily affirm that order.
Insofar as Lahue argues that the final order for distribution is being improperly interpreted and enforced, that argument is beyond the scope of this appeal as it involves issues that arose after the district court's entry of that order. And in light of our decisions in this order, we do not reach Lahue's argument with regard to the amount of fees she contends that she should receive for administering the trust. --------
It is so ORDERED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Gloria Sturman, District Judge
Amy Lahue
Solomon Dwiggins & Freer, Ltd.
Lawyerswest, Inc.
Eighth District Court Clerk