(a) This code shall become operative on January 1, 1977.
(b) Except as provided elsewhere in this code, on the operative date of this code:
(1) the code applies to any wills of decedents dying thereafter;
(2) the code applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this code;
(3) every personal representative including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this code and is subject to the duties imposed with respect to any act occurring or done thereafter;
(4) an act done before the operative date in any proceeding and any accrued right is not impaired by this code. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the operative date, the provisions shall remain in force with respect to that right.
Notes of Decisions
In Re Est. of Stephenson, 503 N.W.2d 540 (Neb. 1993).
· cites it 3× “§ 30-2901 (Reissue 1989), this court held that a widow’s claim for spousal allowance for her deceased husband’s estate was based on a personal right that abated when the widow died during pendency of the widow’s appeal from an adverse judgment on her claim for the allowance.”
In Re Est. of Florey, 325 N.W.2d 643 (Neb. 1982).
· cites it 2× “The court must therefore look to the law in effect when the decedent died to determine the rights of the electing spouse.”
In Re Est. of Peterson, 381 N.W.2d 109 (Neb. 1986).
· cites it 2× “The court must therefore look to the law in effect when the decedent died to determine the rights of the electing spouse.”
In Re Est. of Kennedy, 369 N.W.2d 63 (Neb. 1985).
· cites it 2× “*214 See Neb. Rev. Stat. § 30-2901 (Reissue 1979).”
In Re Est. of Kopecky, 574 N.W.2d 549 (Neb. Ct. App. 1998).
“With respect to proving a contract or agreement unconscionable, the statute provides that the surviving spouse would have to show (1) that there was not fair and reasonable disclosure of the property or financial obligations of the decedent, (2) that the surviving spouse did not…”
In Re Est. of Jacobson, 281 N.W.2d 552 (Neb. 1979).
· cites it 6× “Section 30-2901 (b) (2), R. R. S. 1943, provides as *184 follows: “[T]he code applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.