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IN RE ESTATE OF KOPECKY

No. A-96-1185.

574 N.W.2d 549 (1998)

6 Neb. App. 500

In re ESTATE OF Milton J. KOPECKY, deceased. John M. KOPECKY, Personal Representative of the Estate of Milton J. Kopecky, deceased, Appellant, v. Elizabeth Hall KOPECKY, Appellee.

Court of Appeals of Nebraska.

February 17, 1998.

Attorney(s) appearing for the Case

Daniel D. Koukol, Omaha, Alan M. Wood, and Linda W. Rohman, of Erickson & Sederstrom, P.C., Lincoln, for appellant.

Michael J. Lehan, of Kelley, Lehan & Hall, P.C., Omaha, for appellee.

MILLER-LERMAN, C.J., and IRWIN and SIEVERS, JJ.

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...

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