Nature of the Case
To access this section all you need to do is click here and register.
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.
Support@ bsmsphd.com
Casebriefs Co