In Re Estate of Kopecky

Sievers, Judge.

In this appeal, we address the validity of a postnuptial agreement executed 16 months after the parties were married but 6 years before the enactment of Neb. Rev. Stat. § 30-2316 (Reissue 1995), which provides that the rights of a surviving spouse “may be waived . . . before or after marriage, by a written contract, agreement, or waiver . . . .” The county court for Douglas County held that the postnuptial agreement at issue was invalid, which decision allowed the surviving spouse to elect to take against the will.

FACTUAL BACKGROUND

Elizabeth Hall Kopecky and Milton J. Kopecky,…