Nature of the Case
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Facts
Manuel (H) died, and his will contained no provisions for Sally (W) beyond a reference to an antenuptial agreement. W filed notice of an elective share provision, and Susan Stregack (P), the daughter of H moved to strike that notice based on the antenuptial agreement. W then claimed fraud. The probate court struck the elective share, and the trial court dismissed for mootness and res judicata. The district court reversed; a surviving spouse could challenge an antenuptial agreement for fraudulent nondisclosure by the deceased spouse.
Holding and Decision
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Legal Analysis
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