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IN RE SALOPEK

No. 24018.

107 P.3d 1 (2004)

137 N.M. 47

2005-NMCA-016

In the Matter of the Estate of John SALOPEK, Deceased. Dacia E. SALOPEK, Petitioner-Appellant, v. Elizabeth HOFFMAN, Jim Salopek, Jack Salopek, Patricia Kinney, Stephen Salopek, Christine Brown, and Margaret Walth, Contestants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied February 1, 2005.

Attorney(s) appearing for the Case

Joleen K. Youngers, Almanzar & Youngers, P.A., Joseph M. Holmes, Joseph M. Holmes, P.A., Las Cruces, for Appellant.

Kevin J. Hanratty, Hanratty Law Firm, Artesia, Patrick L. Westerfield, Westerfield Law Offices, Ltd., for Appellees.

Certiorari Denied, No. 29,015, February 1, 2005.

OPINION

BUSTAMANTE, J.

{1} This interlocutory appeal presents two issues: (1) whether the waiver of rights provision of the Uniform Probate Code, NMSA 1978, § 45-2-407 (1995), which became effective July 1, 1995, can be applied retroactively to a post-nuptial agreement entered into by the parties in 1980; and (2) whether language in the post-nuptial agreement waives the family allowance...

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