316 Neb. 616
Neb.2024Background
- Yvonne M. White and Leonard P. White executed a premarital agreement in 2016 shortly before marrying; Leonard later died in 2018.
- The premarital agreement provided that Yvonne would receive $100,000 from Leonard’s estate if she survived him, and that personal and household articles acquired after marriage would be jointly owned unless otherwise agreed.
- After Leonard’s death, his sons (Jamison and Ryan White) became copersonal representatives of his estate and sought to treat a camper and the $100,000 as estate assets, not Yvonne’s property.
- Yvonne sued the estate representatives, alleging breach of contract for nonpayment and wrongful claim to the camper.
- The district court awarded Yvonne the $100,000 and the camper; the Court of Appeals affirmed, and the estate representatives sought further review in the Nebraska Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Yvonne's claims were time-barred under the nonclaim statute (§ 30-2485) | Her claims were not subject to the nonclaim statute; these were breach of contract and property title actions | Claims were not timely filed as required by probate law | Yvonne's claims were not “claims” under statute; nonclaim statute did not apply |
| Entitlement to $100,000 under premarital agreement | She was entitled under the explicit contract provision | She failed to timely assert her right under the probate claim process | Yvonne is entitled due to a valid contract to make a will; remedy is breach of contract |
| Ownership of the camper | Camper is marital property under the premarital agreement, acquired after marriage | Camper was Leonard’s separate property; acquired with his funds and titled in his name | Camper is joint marital property under clear language of agreement |
| Reimbursement to estate for costs associated with camper | Not specifically addressed | Estate should be reimbursed for costs paid on the camper | Not considered as it was not specifically assigned as error on appeal |
Key Cases Cited
- In re Estate of Stuchlik, 289 Neb. 673 (valid contract for wills creates breach of contract action, not a traditional probate claim)
- Johnson v. Anderson, 278 Neb. 500 (requirements for proving existence of a contract to make a will)
- In re Estate of Chaney, 232 Neb. 121 (title disputes are not probate 'claims' under the Nebraska Probate Code)
- Philp v. First Nat. Bank & Trust Co., 212 Neb. 791 (breach of contract claims from valid contracts to make a will are not subject to statutory claim limitations)
