S-22-0024 Yvonne M. White (Appellee) v. Jamison P. White and Ryan H. White, Personal Co-Representatives of the Estate of Leonard P. White (Appellants)
Petition for Further Review from Nebraska Court of Appeals on appeal thereto from the District Court for Washington County, Judge John E. Sampson
Attorneys: Perry Pirsch (Pirsch Legal Services, PC, LLO for Appellants) and Brent M. Kuhn and Haley L. Cannon (Brent Kuhn Law for Appellee).
Probate: Premarital Agreement
Proceedings below: The district court granted Appellee’s Motion for Summary Judgment when it found that Appellee was entitled to a $100,000 payment and to a camper from Decedent’s estate pursuant to the terms of a premarital agreement, which was affirmed by the Court of Appeals in White v. White, 31 Neb.App. 691, 988 N.W.2d 207 (2023). The Appellant filed a Petition for Further Review, which the Supreme Court granted and transferred this case to its docket.
Issues: On Petition for Further Review, Appellants make the following assignments of error: 1) The Court of Appeals erred in affirming the District Court’s determination that Appellee was relieved from the deadline under the Nonclaims Statute, Neb. Rev. Stat. § 30-2485, because the Personal Representatives included a copy of a prenuptial agreement with their verified application for informal appointment; and 2) The Court of Appeals erred in affirming the District Court’s determination Appellee was entitled to Decedent’s camper as joint property in contradiction to the parties’ prenuptial agreement and in failing to offset expense payments from Decedent’s estate benefitting Appellee.