S-24-0619 In re Estate of Paul A. Knapp, Barbara Knapp (Appellant) v. Lance Knapp, In his capacity as personal representative (Appellee)
Appeal from the County Court for Dodge County, Judge Francis W. Barron, III
Attorneys: Mary L. Hewitt (McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. for Appellant) and Sheila A. Bentzen (Rembolt Ludtke, LLP for Appellee)
Probate: Denial of claim and premarital agreement
Proceedings below: After her spouse died, Appellant made a claim against his estate based upon a premarital agreement and on an oral agreement. The county court determined that the agreements were unenforceable because there was a missing section in the premarital agreement and because there was insufficient evidence regarding the oral agreement. On its own motion, the Court ordered that this case be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The county court erred in finding the premarital agreement was clear and unambiguous for which extrinsic evidence could not be considered to determine the meaning of the missing Article 9.4; 2) The county court erred in determining that the undisputed facts were not clear and convincing evidence of an enforceable oral contract which was supported by the performance of the parties; and 3) The county court erred in holding the language of the premarital agreement constituted a waiver by Appellant for a right to proceeds from the marital home and a maintenance fund.