In re Estate of Psota
297 Neb. 570
| Neb. | 2017Background
- Sharlene Psota sought ommitted-spouse treatment after Eldon Psota died without provision for her.
- Eldon and Sharlene, both widowed with children, married in 2011 and signed a prenuptial agreement days before the wedding.
- The prenup stated complete disclaima of inheritance rights and disclosed property; it did not include valuations or tax returns.
- Eldon’s will (executed years earlier) left nothing to Sharlene; estate assets totaled about $10 million.
- County court held the prenup valid under Neb. Rev. Stat. § 30-2316; Sharlene appealed.
- Nebraska law allows an omitted-spouse claim to be waived under § 30-2316; the question is whether the waiver was unenforceable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 30-2316(b)(1) and (b)(2) require proof of both elements to render a waiver unenforceable | Sharlene urged the Edwards/Mamot factors and/or an or-connector approach to burden-shifting. | Estate argued a surviving spouse must satisfy both subsections to prove unenforceable. | Burden requires proof of both (b)(1) and (b)(2); waiver not unenforceable without both. |
| Whether Sharlene proved the waiver was not executed voluntarily under § 30-2316(b)(1) | Sharlene contends voluntariness should be examined under Edwards/Mamot factors. | Estate argues she signed voluntarily; no coercion shown beyond signing at attorney's office. | Sharlene did not prove lack of voluntariness; waiver executed voluntarily. |
| Whether applying Edwards/Mamot factors is appropriate for § 30-2316 versus § 42-1006 | Sharlene requests Edwards/Mamot-based analysis of voluntariness and disclosure. | Court should not graft Edwards/Mamot onto § 30-2316; those factors address different statutory contexts. | Edwards/Mamot factors not imported; plain-language burden requires both subsections; no error found. |
Key Cases Cited
- Mamot v. Mamot, 283 Neb. 659 (2012) (premarital-agreement burden of proof—must prove involuntariness or unconscionability)
- Edwards v. Edwards, 16 Neb. App. 297 (2008) (context for voluntariness and disclosure factors)
- In re Estate of Pluhacek, 296 Neb. 528 (2017) (unconscionability/disclosure framework guiding § 30-2316 analysis)
- In re Conservatorship of Abbott, 295 Neb. 510 (2017) (recent probate/waiver-related reasoning referenced by court)