A premarital agreement that waived all rights to the “separate property” of the other spouse also waived all rights to an individual retirement account (IRA) following the death of the IRA owner even though the existence of the IRA might not have been known to the surviving spouse. A provision of the IRA agreement that made the surviving spouse the beneficiary “If you make no [beneficiary] designation” did not apply because the decedent had designated a beneficiary who predeceased him. In re: Estate of Donald Thomas Schaefer, 2023 PA Super 125, ___ A.3d ___ (7/19/2023), aff’ng 11 Fid.Rep.3d 73 (O.C. Allegheny).

[The validity of the premarital agreement had been upheld in a non-precedential memorandum in a previous appeal. Estate of Schaefer, 281 A.3d 1044, 352 WDA 2021 (Pa. Super. 2022).]