Matter Of Estate Of Benke

331 N.W.2d 193 (1982)

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Nature of the Case

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Facts

Three days prior to marriage in 1976, H and W signed an antenuptial agreement. Both had been married before and knew each other for 20 years prior to getting married. H was 71 and W was 60 when they married. H died and left a substantial estate of $640,500 of which $221,500 was in a trust account for the benefit of his daughter. This came as a shock to everyone involved in that H had never lived as that standard of living. The antenuptial agreement contained no references to the assets of either party and did not make any statements regarding the disclosure of assets between the parties. The agreement provided for a complete waiver of rights by the widow to take by laws of descent and distribution. The agreement failed to state if there was an understanding on her part that the husband's rights in her estate were far less substantial than the wife's rights in his estate and that therefore she was waiving far more than he was. The attorney who drafted the agreement said that the main concern of the agreement was to retain the status quo of each party and that H was not concerned with what W would receive upon H's death. The agreement was held invalid by the probate court under a presumption of nondisclosure and the evidence presented was not enough to overcome that presumption. The circuit court affirmed, and Court of Appeals reversed; the party seeking to invalidate the contract had the burden of proof.