Surviving spouse did not meet her burden of proving that full and fair disclosure of assets was not made in the schedules included in the prenuptial agreement, and her testimony that she did not see the entire agreement before signing … Continue reading
Tag Archives: Prenuptial Agreement
The Oklahoma Supreme Court has held that a decedent’s unused federal estate tax exclusion amount (referred to in IRC section 2010 as the “deceased spousal unused exclusion amount,” or “DSUE”) is an asset of the decedent’s estate that the administrator … Continue reading
Surviving spouse who unsuccessfully attempted to elect against the decedent’s will and who took other actions to challenge the validity of a prenuptial agreement ordered to pay reasonable legal fees to the estate in accordance with the prenuptial agreement, and … Continue reading
An oral prenuptial agreement may be established by clear and convincing evidence, and the court found credible the wife’s testimony that there was an agreement that she would have an interest in the marital residence based on her use of … Continue reading
Prenuptial agreement and probated will upheld in declaratory judgment against widow’s claim of modification of prenuptial agreement, because widow did not prove modification through clear and convincing evidence and she is barred from testifying because of Dead Man’s Rule. Tuscano … Continue reading
Court decided in declaratory judgment that widow’s notice of claim against decedent’s estate had merit under prenuptial agreement, pertaining to payment of mortgage and substitute payments for reduced salary, using contract construction. Campbell Estate (No. 1), 2 Fid. Rep. 3d … Continue reading
The Court allowed for payment of widow’s attorney fees against estate under prenuptial agreement, which was a hybrid agreement of half hourly rate plus 20% recovered, but Court reduced attorney fees to full hourly rate plus $75,000. Campbell Estate (No. … Continue reading