Saturday, June 27, 2009

Prenuptial Litigation from New York

From New York Probate & Estate Litigation Blog comes Wife's Bipolar Disorder Held Not To Affect Judgment --Prenuptial Agreement Upheld:

"Kings County Surrogate Lopez-Torres has ruled against a wife attempting to set aside a prenuptial agreement in the Estate of Joseph Menahem. In a decision reported in the New York Law Journal on September 10th the court declined to nullify the agreement on grounds of undue influence, fraud or the lack of mental capacity to knowingly execute the agreement.

Prior to her marriage to the decedent, his wife Gita had been hospitalized for mental illness. Subsequently, after her discharge from the hospital, she went on to execute a prenuptial agreement providing that each party waived, among other things, the right of election against each other's estate. Even with her illness, the wife went on to complete a program in medical computer technology from a business school receiving no grade lower than a 'B'."
I suspect that last sentence explains much and I think Indiana courts would hang their decision on the fact of her education just as much did the New York courts.

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