In re Estate of PsotaAnnotate this Case
The Supreme Court affirmed the decision of the probate court denying the application of the decedent’s wife (Wife) to be treated as an omitted spouse under a section of the Nebraska Probate Code after the decedent made no provision for her in his will. The decedent’s estate resisted the application, arguing that Wife waived her rights to the estate in a prenuptial agreement. The probate court found that the prenuptial agreement was valid and that Wife had waived the right to take as an omitted spouse. The Supreme Court agreed, holding that the probate court did not err in concluding that Wife executed the waiver voluntarily and in denying her application to take as an omitted spouse.