White v. White ( 2023 )


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    04/04/2023 09:06 AM CDT
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    Nebraska Court of Appeals Advance Sheets
    31 Nebraska Appellate Reports
    WHITE V. WHITE
    Cite as 
    31 Neb. App. 691
    Yvonne M. White, formerly known as Yvonne M.
    Gubser, appellee, v. Jamison Patrick White
    and Ryan Howard White, Copersonal
    Representatives of the Estate of Leonard
    P. White, deceased, appellants.
    ___ N.W.2d ___
    Filed March 28, 2023.    No. A-22-024.
    1. Summary Judgment: Appeal and Error. An appellate court affirms a
    lower court’s grant of summary judgment if the pleadings and admitted
    evidence show that there is no genuine issue as to any material facts or
    as to the ultimate inferences that may be drawn from the facts and that
    the moving party is entitled to judgment as a matter of law.
    2. ____: ____. In reviewing a summary judgment, an appellate court views
    the evidence in the light most favorable to the party against whom the
    judgment was granted, and gives that party the benefit of all reasonable
    inferences deducible from the evidence.
    3. Judgments: Appeal and Error. When reviewing questions of law, an
    appellate court resolves the questions independently of the lower court’s
    conclusion.
    4. ____: ____. In a bench trial of a law action, a trial court’s factual find-
    ings have the effect of a jury verdict and will not be set aside on appeal
    unless clearly wrong.
    5. ____: ____. After a bench trial of a law action, an appellate court does
    not reweigh evidence, but considers the evidence in the light most favor-
    able to the successful party and resolves evidentiary conflicts in favor of
    the successful party.
    6. Decedents’ Estates: Claims: Time. The requirements of 
    Neb. Rev. Stat. § 30-2485
     (Reissue 2016) are mandatory, and where a claim is not filed
    within the time provided in the statute, it is barred.
    7. Decedents’ Estates. The purpose of 
    Neb. Rev. Stat. § 30-2485
     (Reissue
    2016) is to facilitate and expedite proceedings to distribute a dece-
    dent’s estate, including an early appraisal of the respective rights of
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    Nebraska Court of Appeals Advance Sheets
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    WHITE V. WHITE
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    31 Neb. App. 691
    interested persons, which include creditors, and prompt settlement of
    demands against the estate.
    8.    Decedents’ Estates: Claims: Notice. Mere notice to a representative
    of an estate regarding a possible demand or claim against the estate
    does not constitute presenting or filing a claim under 
    Neb. Rev. Stat. § 30-2486
     (Reissue 2016).
    9.    Antenuptial Agreements. Premarital agreements are contracts made in
    contemplation of marriage.
    10.    Contracts: Intent. If a contract is unambiguous, the intent of the parties
    must be determined from the contents of the contract.
    11.    Contracts. The interpretation of a contract and whether the contract is
    ambiguous are questions of law subject to independent review.
    12.    Appeal and Error. In order to be considered by an appellate court, an
    alleged error must be both specifically assigned and specifically argued
    in the brief of the party asserting the error.
    Appeal from the District Court for Washington County:
    John E. Samson, Judge. Affirmed.
    Perry A. Pirsch, of Pirsch Legal Services, P.C., L.L.O., for
    appellants.
    Brent M. Kuhn and Haley L. Cannon, of Brent Kuhn Law,
    for appellee.
    Moore, Riedmann, and Bishop, Judges.
    Riedmann, Judge.
    INTRODUCTION
    Jamison Patrick White and Ryan Howard White, as coper­
    sonal representatives of the estate of Leonard P. White, appeal
    the order of the district court for Washington County, Nebraska,
    granting summary judgment in favor of Yvonne M. White,
    formerly known as Yvonne M. Gubser, based on its finding
    that Yvonne was entitled to the payment of $100,000 from
    Leonard’s estate, pursuant to the terms of a premarital agree-
    ment between Yvonne and Leonard. Jamison and Ryan also
    appeal the district court’s award of a camper to Yvonne based
    on its interpretation of the premarital agreement.
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    Nebraska Court of Appeals Advance Sheets
    31 Nebraska Appellate Reports
    WHITE V. WHITE
    Cite as 
    31 Neb. App. 691
    BACKGROUND
    Yvonne and Leonard were married on October 14, 2016.
    On September 30, prior to the marriage, the parties executed a
    premarital agreement. The premarital agreement included pro-
    visions regarding ownership of property the parties purchased
    after the marriage, the parties’ intent that each would have
    the right to dispose of her or his separate property without
    the other acquiring an interest in that property, and a nondis-
    cretionary provision that if Leonard died before Yvonne, she
    would receive $100,000 from his estate.
    Leonard died on October 19, 2018. On March 6, 2019,
    Leonard’s two sons, Jamison and Ryan, filed an application
    for informal probate of Leonard’s will and requested they be
    appointed copersonal representatives of the estate. Attached to
    this filing was a copy of Leonard’s will, executed on November
    10, 2006, which provided for a pourover to his living trust; a
    copy of the premarital agreement was also attached.
    The application included statements that Yvonne and
    Leonard had been married at the time of Leonard’s death and
    that the premarital agreement included a provision in which
    Yvonne and Leonard “retain[ed] all rights in and with respect
    to her or his own separate property” and had the absolute and
    unrestricted right to dispose of such property in any manner.
    The application stated that a separate section of the premarital
    agreement set forth provisions Leonard had made for Yvonne’s
    benefit in the event he predeceased her. It acknowledged that
    “[t]he Premarital Agreement between Yvonne . . . and [Leonard]
    executed on September 30, 2016 was unrevoked and remained
    in force and effect as of [Leonard’s] death.” The first notice to
    creditors was published March 12, 2019, and it directed claims
    to be filed by May 13. On May 30, Jamison and Ryan filed
    an inventory, which showed there was no jointly owned prop-
    erty, and it listed a “2015 Cyclone 4000 Fifth Wheel Camper”
    (Camper) as property of the estate.
    On September 27, 2019, Yvonne filed a complaint in dis-
    trict court against Jamison and Ryan in their capacity as
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    WHITE V. WHITE
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    copersonal representatives of Leonard’s estate, alleging that
    the estate was currently subject to probate and that the coper­
    sonal representatives had claimed the estate had ownership
    of the Camper; however, under the terms of the premarital
    agreement, Yvonne claimed she was the rightful owner of the
    Camper. She also alleged that pursuant to the premarital agree-
    ment, she was to receive $100,000 from Leonard’s estate, but
    that Jamison and Ryan had failed, refused, and/or neglected to
    pay in accordance with the terms of the premarital agreement.
    Jamison and Ryan moved to dismiss Yvonne’s complaint on
    the basis that any matter arising from the premarital agree-
    ment related to Leonard’s estate and that pursuant to 
    Neb. Rev. Stat. § 24-517
    (1) (Cum. Supp. 2022), the county court
    had exclusive original jurisdiction of all matters related to
    decedents’ estates.
    No order on the motion to dismiss appears in our record,
    but Jamison and Ryan subsequently filed an answer, alleg-
    ing, as relevant to this appeal, that the premarital agreement
    did not provide for any camper to be distributed to Yvonne
    and that Yvonne did not make a timely claim under 
    Neb. Rev. Stat. § 30-2314
    (3) (Reissue 2016); the answer also
    alleged that Yvonne failed to make a timely, valid claim in
    the estate proceedings to enforce the premarital agreement.
    They asserted the affirmative defenses of statute of limita-
    tions, laches, and partial satisfaction through the conversion
    of Leonard’s personal property. In her reply, Yvonne alleged
    that at the time of the filing of the initial pleading for the
    estate proceedings, Jamison and Ryan had attached a copy of
    the premarital agreement and acknowledged its validity, which
    occurred during the claim-filing time period. She asserted that
    by doing so, they had made an admission as to the claims
    under the premarital agreement and were therefore precluded
    from denying them.
    Both parties filed motions for summary judgment. Follow­
    ing a hearing, the district court found Jamison and Ryan
    had judicially admitted in the probate proceedings that the
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    WHITE V. WHITE
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    31 Neb. App. 691
    premarital agreement was unrevoked and remained in full
    force and effect. It found that they had waived the necessity
    of Yvonne’s filing a claim and that her claim was timely filed
    and not barred by any applicable statute of limitations. The
    district court rendered judgment for Yvonne in the amount of
    $100,000. But the district court found a genuine issue of mate-
    rial fact regarding the ownership of the Camper and denied the
    motion for summary judgment on that issue.
    After a trial on the issue of the Camper ownership, the dis-
    trict court entered an order affirming its previous ruling as it
    related to the $100,000 payment; it also found that under the
    four corners of the premarital agreement, the Camper was a
    personal article that was deemed to be jointly owned, with full
    rights of survivorship. The district court found Yvonne should
    be distributed all right, title, and interest in and to the Camper.
    Jamison and Ryan timely appealed.
    ASSIGNMENTS OF ERROR
    Jamison and Ryan assign, restated, that the district court erred
    in granting summary judgment in favor of Yvonne because she
    failed to comply with the time requirements of 
    Neb. Rev. Stat. § 30-2485
     (Reissue 2016) and that their application for infor-
    mal probate did not relieve her from doing so. They also assign
    the court erred in awarding Yvonne the Camper.
    STANDARD OF REVIEW
    [1,2] An appellate court affirms a lower court’s grant of
    summary judgment if the pleadings and admitted evidence
    show that there is no genuine issue as to any material facts or
    as to the ultimate inferences that may be drawn from the facts
    and that the moving party is entitled to judgment as a matter
    of law. Porter v. Knife River, Inc., 
    310 Neb. 946
    , 
    970 N.W.2d 104
     (2022). In reviewing a summary judgment, an appellate
    court views the evidence in the light most favorable to the
    party against whom the judgment was granted, and gives that
    party the benefit of all reasonable inferences deducible from
    the evidence. 
    Id.
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    WHITE V. WHITE
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    [3] When reviewing questions of law, an appellate court
    resolves the questions independently of the lower court’s
    conclusion. Kozal v. Snyder, 
    312 Neb. 208
    , 
    978 N.W.2d 174
     (2022).
    [4,5] In a bench trial of a law action, a trial court’s factual
    findings have the effect of a jury verdict and will not be set
    aside on appeal unless clearly wrong. McGill Restoration v.
    Lion Place Condo. Assn., 
    309 Neb. 202
    , 
    959 N.W.2d 251
    (2021). After a bench trial of a law action, an appellate court
    does not reweigh evidence, but considers the evidence in the
    light most favorable to the successful party and resolves evi-
    dentiary conflicts in favor of the successful party. 
    Id.
    ANALYSIS
    Before addressing the assigned errors, we note that both
    parties proceeded in the district court under the assumption
    that Yvonne was asserting a claim, as that term is defined in
    
    Neb. Rev. Stat. § 30-2209
    (4) (Reissue 2016), and therefore,
    it was subject to the nonclaim statute, § 30-2485. Because the
    statute’s applicability was not addressed in the district court,
    we assume, without deciding, that it was a claim subject to
    the nonclaim statute, and we proceed to the issues raised. See,
    Simons v. Simons, 
    312 Neb. 136
    , 
    978 N.W.2d. 121
     (2022)
    (appellate courts do not generally consider arguments and theo-
    ries raised for first time on appeal); State v. Conn, 
    300 Neb. 391
    , 
    914 N.W.2d 440
     (2018) (refusing to address on appeal
    applicability of statute not raised in trial court).
    Yvonne’s Entitlement to $100,000 Payment.
    On appeal, Jamison and Ryan argue that the district court
    erred in granting summary judgment in favor of Yvonne
    because she failed to timely file a claim in the probate pro-
    ceeding. Yvonne asserts that the copersonal representatives’
    acknowledgment of a valid premarital agreement in their veri-
    fied application of informal probate constituted a judicial
    admission that relieved her of the obligation to file a claim.
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    WHITE V. WHITE
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    31 Neb. App. 691
    The district court agreed with Yvonne’s assertions, finding that
    Jamison and Ryan waived the necessity of Yvonne’s filing of a
    claim, finding instead that Yvonne’s claim was timely filed due
    to the copersonal representatives’ judicial admission.
    The premarital agreement provides, in part, that if Yvonne
    survives Leonard, “Yvonne shall receive One Hundred
    Thousand Dollars ($100,000.00) from [Leonard’s] estate (and
    this provision shall be treated as a contract to make a Will
    as described in 
    Neb. Rev. Stat. § 30-2351
    ) . . . .” In consid-
    eration, the parties waived any claim in the other spouse’s
    separate property. As stated above, the copersonal representa-
    tives attached a copy of the agreement to their application for
    informal probate and admitted that it “remained in force and
    effect” at the time of Leonard’s death. After the copersonal
    representatives failed to distribute the $100,000 to Yvonne,
    she filed suit in the district court to recover under the premari-
    tal agreement.
    Section 30-2485 requires that a claim against a decedent’s
    estate which arises at or after the decedent’s death be brought
    within 4 months after it arises. Yvonne did not file a claim in
    the probate proceeding, but argues that the copersonal repre-
    sentatives essentially filed the claim for her. She contends that
    their acts of attaching the premarital agreement to the applica-
    tion for informal probate and verifying that it was in force and
    effect was a judicial admission of her entitlement to receive
    its benefits.
    [6,7] The requirements of § 30-2485 are mandatory, and
    where a claim is not filed within the time provided in the
    statute, it is barred. In re Estate of Giventer, 
    310 Neb. 39
    ,
    
    964 N.W.2d 234
     (2021). See, also, In re Estate of Lakin, 
    310 Neb. 271
    , 
    965 N.W.2d 365
     (2021) (copy of promissory note,
    letter, and calculation of interest mailed to personal represent­
    ative insufficient to constitute proper demand or presenta-
    tion of claim). The purpose of § 30-2485 is to facilitate and
    expedite proceedings to distribute a decedent’s estate, includ-
    ing an early appraisal of the respective rights of interested
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    persons, which include creditors, and prompt settlement of
    demands against the estate. See § 30-2209(21). As a result,
    the probate court or the personal representative can readily
    ascertain the nature and extent of a decedent’s debts, deter-
    mine whether any sale of property is necessary to satisfy the
    decedent’s debts, and project a probable time at which the
    decedent’s estate will be ready for distribution. In re Estate of
    Giventer, 
    supra.
    [8] In re Estate of Giventer, 
    supra,
     does not preclude a
    determination that the copersonal representatives’ actions sat-
    isfied the filing requirement. In In re Estate of Giventer, the
    court stated that mere notice to a representative of an estate
    regarding a possible demand or claim against the estate does
    not constitute presenting or filing a claim under 
    Neb. Rev. Stat. § 30-2486
     (Reissue 2016). But here, there was more than
    notice; there was the affirmative act by the copersonal repre-
    sentatives of filing in the probate proceeding a copy of the pre-
    marital agreement and an attestation that it remained in effect.
    The reason mere notice is insufficient is that “[i]f notice were
    accorded the stature of a claim, the resultant state of flux and
    uncertainty would frustrate and avoid the purpose and objec-
    tives of the nonclaim statute.” In re Estate of Feuerhelm, 
    215 Neb. 872
    , 875, 
    341 N.W.2d 342
    , 345 (1983).
    Given the facts of this case, we fail to see how the absence
    of a claim filed by Yvonne after the admissions made by the
    copersonal representatives created a state of flux or uncer-
    tainty. The copersonal representatives filed an application for
    informal probate in which they provided a copy of the pre-
    marital agreement which set forth the amount owed Yvonne
    and acknowledged that it remained in force and effect on the
    date of Leonard’s death. This goes above and beyond notice of
    a potential claim; it was an acknowledgment of a valid claim
    held by Yvonne against the estate for $100,000. The district
    court did not err in its finding that Yvonne was entitled to a
    judgment of $100,000 against the copersonal representatives.
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    Yvonne’s Entitlement to Camper.
    [9-11] Jamison and Ryan also argue the district court erred
    in finding Yvonne and Leonard owned the Camper as a joint
    asset under the premarital agreement. Premarital agreements
    are contracts made in contemplation of marriage. In re Estate
    of McConnell, 
    28 Neb. App. 303
    , 
    943 N.W.2d 722
     (2020). In
    interpreting contracts, the court as a matter of law must first
    determine whether the contract is ambiguous. 
    Id.
     An instru-
    ment is ambiguous if a word, phrase, or provision in the
    instrument has, or is susceptible of, at least two reasonable
    but conflicting interpretations or meanings. 
    Id.
     If a contract is
    unambiguous, the intent of the parties must be determined from
    the contents of the contract. 
    Id.
     The interpretation of a contract
    and whether the contract is ambiguous are questions of law
    subject to independent review. 
    Id.
    In support of their argument, Jamison and Ryan point to
    two sections of the premarital agreement that relate to the
    separate property that Yvonne and Leonard were bringing
    into the marriage. The two sections provided that Yvonne and
    Leonard retained all rights with respect to her or his separate
    property, were the sole owners of her or his separate property,
    and retained unlimited inter vivos and testamentary rights to
    it. Another section related to the intention not to have joint
    ownership of their separate property. Yvonne and Leonard
    each provided an exhibit to the premarital agreement listing
    their separate property. There were no vehicles itemized on
    either listing of separate property; the listings were financial
    accounts, life insurance policies, or real property.
    Yvonne contends that the Camper falls under a different
    section of the premarital agreement, specifically the section
    related to personal and household articles. This section pro-
    vides in part that for purposes of the agreement, “the term
    personal and household articles includes all articles of per-
    sonal and household use . . . wherever located, such as, by
    way of illustration, . . . motor vehicles, boats, [and] sports
    equipment.” The next section states that “[u]nless otherwise
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    specifically agreed to by the parties at the time of purchase, all
    personal and household articles later acquired by Yvonne and
    [Leonard] shall be deemed to be jointly owned, with full rights
    of survivorship.”
    We do not find the premarital agreement to be ambiguous.
    The premarital agreement provides that any personal property,
    such as motor vehicles, boats, and sports equipment, acquired
    after the marriage would be deemed jointly owned with full
    rights of survivorship, unless otherwise specifically agreed
    to by the parties. At trial, Yvonne testified that when she and
    Leonard married, he had a “Bighorn” camper (Bighorn), but
    that later, Leonard decided he wanted to get rid of or sell it.
    Leonard wanted to have the capability to carry his motorcycle
    without using a trailer behind the Bighorn, and he found a
    camper in Kansas; Yvonne was unable to go with him, so
    Leonard went to Kansas with the Bighorn. Leonard returned
    from Kansas with the Camper at issue in this appeal, hav-
    ing traded in the Bighorn for the Camper. Yvonne identified
    the title to the Camper, which listed Leonard as the owner.
    Yvonne testified that as far as she knew, Leonard purchased the
    Camper in full when he went to Kansas. She also confirmed
    that as far as she knew, there was no agreement between them
    at the time Leonard purchased the Camper that it would be his
    separate property under the premarital agreement, and that they
    never executed any document after the premarital agreement
    that said anything like that.
    Yvonne established that the Camper was acquired after
    she and Leonard married and that there was no agreement
    that it would be Leonard’s separate property. The Camper is
    similar to items Yvonne and Leonard identified in the premari-
    tal agreement as personal and household articles, like motor
    vehicles, boats, and sports equipment. Yvonne established
    that under the terms of the premarital agreement, she and
    Leonard jointly owned the Camper with full rights of survivor-
    ship. The district court did not err in determining she should be
    awarded the right, title, and interest in the Camper.
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    Jamison and Ryan argue that to prevent unjust enrichment,
    even if the district court did not err in awarding Yvonne the
    Camper, the district court did err in failing to order her to
    reimburse them for the amounts incurred as storage fees for
    the Camper, the insurance paid, and the payoff of the home
    equity loan Leonard used to finance the Camper, for a total
    of $36,578. However, on appeal, Jamison and Ryan assigned
    that the district court “committed reversible error in awarding
    a camper titled in [Leonard’s] name to [Yvonne] pursuant to
    its interpretation of a prenuptial agreement that established the
    camper as [Leonard’s] separate property as a matter of law.”
    [12] Jamison and Ryan assigned that the district court erred
    in awarding Yvonne the Camper based on its interpretation of
    the premarital agreement. They did not assign that the district
    court erred in failing to order Yvonne to reimburse them for
    expenses related to the Camper. In order to be considered
    by an appellate court, an alleged error must be both specifi-
    cally assigned and specifically argued in the brief of the party
    asserting the error. Scalise v. Davis, 
    312 Neb. 518
    , 
    980 N.W.2d 27
     (2022). We will not address this argued, but unassigned,
    alleged error.
    CONCLUSION
    We find the district court did not err in awarding Yvonne
    a judgment of $100,000 against Jamison and Ryan as coper­
    sonal representatives of Leonard’s estate, nor did it err in
    awarding Yvonne the Camper. We affirm the judgment of the
    district court.
    Affirmed.
    Bishop, Judge, concurring.
    I concur with the majority’s decision to affirm the district
    court’s awards to Yvonne.
    I write separately because I am not persuaded that attach-
    ing the premarital agreement to the copersonal representatives’
    application for informal probate and their acknowledgment
    that the premarital agreement was unrevoked and remained
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    in full force and effect at the time of Leonard’s death satisfied
    the filing requirement for a claim under the nonclaim statute,
    
    Neb. Rev. Stat. § 30-2485
     (Reissue 2016). See, In re Estate of
    Lakin, 
    310 Neb. 271
    , 
    965 N.W.2d 365
     (2021) (judicial admis-
    sions must be deliberate, clear, and unequivocal; administrator
    cannot waive defense of nonclaim to prejudice of estate); In re
    Estate of Giventer, 
    310 Neb. 39
    , 56, 
    964 N.W.2d 234
    , 245-46
    (2021) (“mere notice to a representative of an estate regard-
    ing a possible demand or claim against the estate does not
    constitute presenting or filing a claim under § 30-2486”); In re
    Estate of Feuerhelm, 
    215 Neb. 872
    , 875, 
    341 N.W.2d 342
    , 344
    (1983) (emphasis in original) (mere notice to representative of
    estate regarding possible demand or claim against estate does
    not constitute presenting or filing claim under 
    Neb. Rev. Stat. § 30-2486
     (Reissue 2016); implicit in language of § 30-2486,
    which states that “‘[t]he claimant may file a written statement
    of the claim,’” is the “requirement that the creditor to whom
    the decedent is obligated is the claimant who can present a
    demand against the estate”). In my opinion, the copersonal
    representatives’ acknowledgment that the premarital agreement
    was unrevoked and remained in full force and effect served
    only to give interested parties notice of its existence and valid-
    ity, nothing more.
    That said, I am also not persuaded that the nonclaim statute,
    § 30-2485, applies to the underlying proceedings.
    At the onset of the analysis in the majority opinion, it
    assumes, without deciding, that Yvonne was asserting a claim
    subject to the nonclaim statute, § 30-2485, because the par-
    ties proceeded in the district court under that assumption and
    the statute’s applicability was not addressed in the district
    court. However, even though not raised, the issue of whether
    § 30-2485 should have applied to Yvonne’s action presents a
    question of law, which an appellate court has an obligation
    to reach independently, irrespective of the decision made by
    the trial court. See Moser v. State, 
    307 Neb. 18
    , 
    948 N.W.2d 194
     (2020). In my opinion, Yvonne was a beneficiary of
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    Leonard’s estate under the terms of the premarital agreement,
    which specifically expressed Yvonne’s and Leonard’s intent
    that certain provisions be treated as a contract to make a will;
    Yvonne was not a creditor, so her action to obtain certain assets
    under the premarital agreement did not constitute a claim
    against the estate, thus making the time limitations to file a
    claim set forth in § 30-2485 inapplicable.
    
    Neb. Rev. Stat. § 30-2209
     (Reissue 2016) sets forth general
    definitions for the Nebraska Probate Code and, as relevant
    here, provides:
    (4) Claim, in respect to estates of decedents and pro-
    tected persons, includes liabilities of the decedent or
    protected person whether arising in contract, in tort or
    otherwise, and liabilities of the estate which arise at
    or after the death of the decedent or after the appointment
    of a conservator, including funeral expenses and expenses
    of administration. The term does not include estate or
    inheritance taxes, demands or disputes regarding title of a
    decedent or protected person to specific assets alleged to
    be included in the estate.
    A claim includes liabilities of the decedent and liabilities of the
    estate; a beneficiary’s entitlement to a decedent’s assets pursu-
    ant to a will or a contract to make a will is not a liability of the
    decedent or the estate, and any action seeking a right of distri-
    bution under such circumstances is therefore not a claim sub-
    ject to the nonclaim statute. “‘“A claim for specific property
    in the hands of the [executor] is deemed to be a claim ‘against
    the [executor]’ but not ‘against the estate’; for such property,
    though in the hands of the [executor], is not part of the estate
    and the claim for it is not a ‘debt’ of the estate.”’” Saradjian v.
    Saradjian, 
    25 Conn. App. 411
    , 418, 
    595 A.2d 890
    , 894 (1991).
    “As such, a claim for the recovery of specific property is not
    within the statute of nonclaim.” 
    Id.
    Yvonne was entitled to receive $100,000 pursuant to the
    terms of the premarital agreement. Article 4, section 4.2, of
    the premarital agreement provides in part that “[i]n the event
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    of [Leonard’s] death, and if Yvonne survives him: (a) Yvonne
    shall receive One Hundred Thousand Dollars ($100,000)
    from [Leonard’s] estate (and this provision shall be treated
    as a contract to make a Will as described in 
    Neb. Rev. Stat. § 30-2351
    ).” 
    Neb. Rev. Stat. § 30-2351
     (Reissue 2016) pro-
    vides three ways that a contract to make a will or devise, if
    executed after January 1, 1977, can be established. As relevant
    here, it can be established by “a writing signed by the decedent
    evidencing the contract.” § 30-2351(3). The premarital agree-
    ment is a writing signed by Leonard evidencing the contract,
    and this meets the requirement of § 30-2351 for a valid con-
    tract to make a will.
    As to contracts to make a will, the Nebraska Supreme Court
    has stated that “[t]he effect of a valid contract for wills is not
    to create a cause of action against the decedent’s estate, but
    instead to create a cause of action for breach of contract.” In
    re Estate of Stuchlik, 
    289 Neb. 673
    , 684-85, 
    857 N.W.2d 57
    ,
    67 (2014), opinion modified on denial of rehearing, 
    290 Neb. 392
    , 
    861 N.W.2d 682
     (2015). In In re Estate of Stuchlik, the
    Nebraska Supreme Court cited to Pruss v. Pruss, 
    245 Neb. 521
    , 
    514 N.W.2d 335
     (1994), which involved two spouses
    entering into an agreement pursuant to § 30-2351 not to
    change their wills. After the husband died, the wife rewrote
    her will. Pruss, 
    supra.
     The beneficiaries who were affected
    by the change filed an action in the district court seeking a
    constructive trust on the wife’s estate pursuant to the terms of
    the original will. 
    Id.
     The court granted that relief and ordered
    a constructive trust be imposed on her estate pursuant to the
    terms of the original will. 
    Id.
     Prior to Pruss, the Nebraska
    Supreme Court stated:
    Nebraska has long recognized a cause of action based
    on a contract to make a will. Strictly speaking, there
    cannot be a decree for the specific performance of a
    contract to make a will, since such an instrument is, by
    its nature, revocable by the promisor during his life and
    cannot be made by him after his death. It has long been
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    recognized that courts of equity may grant relief in a
    form that is usually equivalent to a decree of specific
    performance of a contract to leave property by will, after
    the death of the defaulting promisor, by fastening a trust
    upon his estate in the hands of those taking it with notice
    of such contract or by devise or descent.
    Philp v. First Nat. Bank & Trust Co., 
    212 Neb. 791
    , 796-97,
    
    326 N.W.2d 48
    , 51-52 (1982). See, also, In re Estate of Welch,
    
    167 Kan. 97
    , 
    204 P.2d 714
     (1949) (marriage contract deter-
    mines only which of heirs will receive assets of estate and does
    not constitute claim or demand against the estate).
    Accordingly, Yvonne’s action seeking the $100,000 payment
    from Leonard’s estate pursuant to the terms of the premarital
    agreement was for breach of contract and was not a “claim” as
    that term is defined by § 30-2209(4). She did not need to file
    a claim against the estate, and her failure to do so does not bar
    her from receiving the payment provided for in the premarital
    agreement, which the copersonal representatives acknowledged
    was unrevoked and remained in full force and effect as of
    Leonard’s death.
    Also, Yvonne’s action regarding the Camper likewise does
    not constitute a claim subject to the nonclaim statute, because
    it involves a dispute “regarding title of a decedent . . . to spe-
    cific assets alleged to be included in the estate.” § 30-2209(4).
    The Nebraska Supreme Court has held that an action involv-
    ing a dispute regarding title of property allegedly belonging
    to a decedent and included in the decedent’s estate is not a
    claim. See In re Estate of Severns, 
    217 Neb. 803
    , 805, 
    352 N.W.2d 865
    , 868 (1984) (document entitled “‘STATEMENT
    OF CLAIM’” asserted grandfather’s clock shown as asset
    of decedent’s estate belonged to claimant; referring to the
    definition of claim found in § 30-2209(4), court stated, “It is
    clear beyond question that the action here involved a dispute
    regarding title of property allegedly belonging to the dece-
    dent and included in her estate, and was not a claim”). See,
    also, Eggers v. Rittscher, 
    247 Neb. 648
    , 653, 529 N.W.2d
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    741, 744 (1995) (plaintiff’s action raised dispute as to dece-
    dent’s title based on oral contract to convey parcel of land
    and was not claim as defined by § 30-2209(4) and was there-
    fore not barred by nonclaim statute; “we read § 30-2209(4)
    to exempt from the definition of ‘claims’ disputes regarding
    equitable title”). Accordingly, the issue of ownership of the
    Camper under the terms of the premarital agreement raised
    a dispute as to title of that specific asset, thus excluding it
    as a claim as defined under § 30-2209(4). I agree with the
    majority’s analysis supporting the district court’s award of
    the Camper to Yvonne.