Trust BCLP

Trust BCLP

post-nuptial agreement

Main Content

Waiver Of Year’s Support Through Post-Nuptial Agreement

May 3, 2017

Authors

Luke Lantta

Waiver Of Year’s Support Through Post-Nuptial Agreement

May 3, 2017

by: Luke Lantta

Divorce should put an early end to the marriage vow of “’til death does us part.” But, when it comes to estate disputes, neither divorce nor death can part the path to the courthouse.  In In re: Estate of Boyd, the husband and wife may have suspected their marriage could end: after 15 years of marriage, they separated, reconciled, and then entered into a post-nuptial agreement.  The agreement provided how assets would be distributed if the parties were married at the time of either’s death and provided for distribution of assets if the parties separated or filed for divorce prior to death.  The latter provision is relevant.

The husband filed for divorce and died hours later.  The wife filed a petition for year’s support in the probate

Read More

Post-Will Post-Nuptial Agreement Waived Wife’s Beneficial Rights Under Husband’s Will

November 4, 2011

Authors

Luke Lantta

Post-Will Post-Nuptial Agreement Waived Wife’s Beneficial Rights Under Husband’s Will

November 4, 2011

by: Luke Lantta

It’s not uncommon for couples to divorce and remarry each other or separate and contemplate divorce but stay married.  If a couple does reconcile, they probably want to make sure they review and clean-up any estate planning done during the separation or after the divorce but before the remarriage.

In Steffens v. Evans, a Florida Court of Appeals ruled that a wife waived all of her beneficial rights under her husband’s will by executing a post-nuptial agreement after the husband had executed his will.

Read More
The attorneys of Bryan Cave Leighton Paisner make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.