Justia Nebraska Supreme Court Opinion Summaries

In re Estate of Pluhacek

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Dorothy Pluhacek died at 100 years of age. Thereafter, Margaret Hickey, the Provincial Superioress of the Omaha province of the Notre Dame Sisters, filed an application for information probate of a document that Hickey claimed to be Pluhacek’s valid will. The county court denied informal probate of the document, concluding that the document, which was signed by Pluhacek, did not qualify as a will because the material provisions were in Pluhacek’s handwriting and that a formal proceeding would be required to determine whether Pluhacek had left a valid holographic will. Hickey then filed an amended petition for formal probate of the document. The county court denied formal probate, concluding that because Hicky had not established that the document was in Pluhacek’s handwriting, it was not admissible as a holographic will. The Supreme Court reversed, holding (1) as a matter of law, the document was a properly executed will under Neb. Rev. Stat. 30-2327; and (2) therefore, the county court erred when it denied formal probate. Remanded for formal probate. View "In re Estate of Pluhacek" on Justia Law
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