News & Analysis as of

Surviving Spouse Prenuptial Agreements

Chambliss, Bahner & Stophel, P.C.

Estate Planning for Blended Families: Key Considerations to Protect Your Loved Ones

We all remember “The Brady Bunch” — the picture-perfect story of two families seamlessly coming together under one roof, complete with a catchy theme, and every conflict resolved neatly in 22 minutes. But in reality, blending...more

Goulston & Storrs PC

Prenuptial Agreement Held to Be Valid Waiver of Spouse’s Statutory Right of Election

Goulston & Storrs PC on

Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars...more

Downey Brand LLP

See No Evil? Premarital Agreement May Cause Spouse to Lose Inheritance and Role as Administrator of Estate

Downey Brand LLP on

We write today about probate law, premarital agreements and the importance of doing your homework. In Estate of Eskra (2022) ___ Cal.App.5th.____, the First District Court of Appeal upheld a Humboldt County Superior Court...more

Rivkin Radler LLP

Want To Know A Secret? A Will Is Not A Wish List

Rivkin Radler LLP on

Multiple news outlets have reported that a secret Will of the late broadcast legend, Larry King, has been found. According to the reports, this secret Will is handwritten and states: 10/17/19- This is my Last Will and...more

Farrell Fritz, P.C.

Waiver of Right of Election: Correction of Defective Acknowledgment

Farrell Fritz, P.C. on

With a specific statute (Domestic Relations Law §236(3)) mandating that pre-nuptial agreements must be acknowledged, and with a specific statutory form of acknowledgment (Real Property Law §309-a(1)), it is surprising that...more

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