Lawyer’s Move From Representing Widow to Estate is Problematic
OCTOBER 31, 2011 VOLUME 18 NUMBER 37 Floyd Spence, a Republican Congressman from South Carolina, was a long-time survivor of a heart-lung transplant and a (separate) kidney transplant when he died in 2001, at the age of 73. He was survived by his second wife, Deborah Spence, and four adult sons from his first marriage […]
Marital Agreements and Death of One Spouse
OCTOBER 17, 2011 VOLUME 18 NUMBER 36 John and Marsha, contemplating marriage, want to enter into an agreement spelling out what will happen to their separate and community property if they later divorce, or when one of them dies. Or perhaps John and Marsha have been married for years, but are contemplating separation and maybe […]
Agreement Between Spouses Voided Ten Years After Signing
OCTOBER 13, 2003 VOLUME 11, NUMBER 15 Reported court cases involving prenuptial agreements sometimes seem to be confused and contradictory. State laws governing such agreements vary somewhat, but the outcome of a challenge is almost always dependent on the peculiar facts in each case. Consider the prenuptial agreement signed by John and Erin Hollett on […]
Antenuptial Agreement May Not Avoid Claim Against Estate
MARCH 11, 2002 VOLUME 9, NUMBER 37 Before David and Debra Pysell got married they signed an antenuptial agreement. When David Pysell died several years later without having written a will, Debra Pysell claimed a share of his estate. The executor of his estate objected, citing the antenuptial agreement, and the question ultimately had to […]
Prenuptial Agreement Is Valid Despite Wife’s Failure To Read
OCTOBER 1, 2001 VOLUME 9, NUMBER 14 Prenuptial agreements, though not particularly romantic, are often important to couples about to be married. Particularly in second marriage situations, a prenuptial agreement can reduce anxiety between the new spouses as well as among family members of each spouse. There are some clear rules that must be followed […]
Widow Is Impoverished, But Prenuptial Agreement Stands
FEBRUARY 5, 2001 VOLUME 8, NUMBER 32 Emanuel Lutz was 60 when he met and began dating Lavilla Oswald, a 53-year-old divorcee. The North Dakota couple moved in together in 1986 and shortly began discussing getting married. Mr. Lutz had two children from his first marriage, and he wanted to make sure his estate would […]
Premarital Agreement Protects Husband From Wife’s Creditor
FEBRUARY 14, 2000 VOLUME 7, NUMBER 33 Premarital agreements are increasingly common, particularly in second marriages and between older couples. Do agreements between couples really work? A recent Arizona case provides good evidence that premarital agreements really can protect both husband and wife. Christopher and Shelley Schlaefer were married in 1994. They had already signed […]
