In re Estate of Psota
297 Neb. 570
| Neb. | 2017Background
- Sharlene Psota sought treatment as an omitted spouse after Eldon Psota died without leaving her provision in his will.
- The parties married in 2011; before the wedding they executed a prenuptial agreement that disclaimed each party’s rights to the other’s property.
- The agreement included statements of disclosure and waivers of spousal rights, but Exhibits A and B listed real property only and omitted numbers and tax returns.
- Eldon’s 8-year-old pre-marriage will left nothing to Sharlene; Eldon died in 2013 with about $10 million in assets.
- Sharlene filed for omitted-spouse status in 2015 under Neb. Rev. Stat. § 30-2320, arguing the prenuptial agreement was an unenforceable waiver under § 30-2316.
- The county court upheld the waiver under § 30-2316; Sharlene appeals, challenging voluntariness and sufficiency of disclosures under § 30-2316(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden of proof on voluntariness under § 30-2316(b)(1) | Sharlene argues Edwards/Mamot factors apply to voluntariness. | Estate contends plain-language requires proving both (b)(1) and (b)(2) without Edwards/Mamot factors. | Burden requires proving both (b)(1) and (b)(2); voluntariness shown here. |
| Effect of missing 'or' between (b)(1) and (b)(2) | Sharlene urges identical burden as § 42-1006(1). | State law lacks 'or'; separate burden required. | Plain text requires dual burden under § 30-2316(b). |
| Voluntariness defined for premarital-like waiver in § 30-2316 | Edwards/Mamot factors should apply to voluntariness. | Edwards/Mamot not controlling for § 30-2316; focus on voluntary execution. | Court declines Edwards/Mamot approach; voluntary execution shown; no reversal. |
| Disclosure requirements sufficiency | Exhibits lacked valuations and tax returns; argues insufficient disclosure. | Statute contemplates disclosure but not perfect completeness; general disclosures suffice. | Not reached as voluntariness established; no need to rule on disclosure sufficiency. |
Key Cases Cited
- Mamot v. Mamot, 283 Neb. 659 (2012) (premarital-agreement burden of proof requires showing lack of voluntariness or unconscionability)
- Edwards v. Edwards, 16 Neb. App. 297 (2008) (five-factor test for premarital agreements referenced in § 42-1006 analysis)
- In re Estate of Pluhacek, 296 Neb. 528 (2017) (guides interpretation of § 30-2316(b) regarding waiver validity)