988 N.W.2d 207
Neb. Ct. App.2023Background
- Yvonne and Leonard executed a premarital agreement on Sept. 30, 2016 and married Oct. 14, 2016; the agreement provided that if Leonard predeceased Yvonne she would receive $100,000 and set rules treating many postmarital personal articles as jointly owned with survivorship.
- Leonard died Oct. 19, 2018. His sons, Jamison and Ryan, filed an application for informal probate (Mar. 2019), attaching the premarital agreement and stating it remained in force at death; the probate notice set a creditor-claim deadline four months later.
- Yvonne did not file a claim in the probate proceeding; after the personal representatives did not pay the $100,000 and claimed a 2015 Cyclone fifth-wheel camper (the Camper) as estate property, Yvonne sued in district court to enforce the premarital agreement and assert ownership of the Camper.
- The district court granted summary judgment for Yvonne for $100,000, finding the personal representatives’ probate filing constituted a judicial admission and waived the nonclaim defense; it reserved the Camper issue for trial.
- After a bench trial on the Camper, the district court concluded the Camper was a postmarital personal article deemed jointly owned with rights of survivorship and awarded it to Yvonne; Jamison and Ryan appealed.
Issues
| Issue | Plaintiff's Argument (Yvonne) | Defendant's Argument (Jamison & Ryan) | Held |
|---|---|---|---|
| Whether Yvonne’s $100,000 entitlement was barred by the nonclaim statute (§ 30-2485) | The sons’ verified informal-probate filing attached the premarital agreement and admitted it remained in force, constituting a judicial admission that relieved Yvonne of filing a separate claim | Y&R contend Yvonne failed to present a timely claim under the nonclaim statute and the sons’ application did not substitute for her claim | Court: Personal representatives’ filing and attestation constituted sufficient acknowledgment; judgment for Yvonne for $100,000 affirmed |
| Nature of Yvonne’s $100,000 right — claim under nonclaim statute or breach/recovery right under contract to make a will | Yvonne’s right arises from a contract to make a will and an enforceable promise in the premarital agreement, not a creditor claim subject to the nonclaim statute | Sons treat it as a claim against the estate requiring timely filing | Concurring judge: the $100,000 arises from a contract to make a will (not a ‘‘claim’’), so nonclaim statute inapplicable; majority affirmed judgment on other grounds but adopted same outcome |
| Ownership of the Camper (postmarital personal article) | Camper is a postmarital personal/household article within the premarital agreement and, absent a specific contemporaneous agreement, is jointly owned with rights of survivorship | Sons point to separate-property provisions and the Camper being titled in Leonard’s name to argue it was his separate property | Court: Agreement unambiguous; Camper acquired after marriage and not made separate by agreement, so jointly owned with survivorship rights; award to Yvonne affirmed |
| Whether Yvonne must reimburse estate for storage, insurance, loan payoff costs related to Camper | (Argued on appeal but not assigned) | Sons asked reimbursement for $36,578 in costs | Not addressed on appeal — issue was not specifically assigned and so was not considered |
Key Cases Cited
- Porter v. Knife River, 310 Neb. 946 (Neb. 2022) (summary-judgment appellate standard)
- In re Estate of Giventer, 310 Neb. 39 (Neb. 2021) (notice to personal representative alone does not satisfy nonclaim statute)
- In re Estate of Lakin, 310 Neb. 271 (Neb. 2021) (documents sent to PR insufficient to present a claim under nonclaim statute)
- In re Estate of Feuerhelm, 215 Neb. 872 (Neb. 1983) (mere notice frustrates nonclaim statute purpose; claimant must present claim)
- In re Estate of Stuchlik, 289 Neb. 673 (Neb. 2014) (contract to make a will creates breach-of-contract cause, with equitable remedies against estate)
- Philp v. First Nat. Bank & Trust Co., 212 Neb. 791 (Neb. 1982) (equitable relief for breach of contract to make a will can fasten a trust on estate assets)
- In re Estate of Severns, 217 Neb. 803 (Neb. 1984) (disputes over title to specific estate assets are not "claims" under nonclaim definition)