Flashcards Studio

Before marrying, Investor and Teacher signed a premarital agreement. Investor disclosed a schedule showing $4 million in investment accounts, three rental houses, and substantial business debt. Teacher was represented by separate counsel and signed the agreement three weeks before the wedding. The agreement provided that each spouse would keep premarital property and its appreciation as separate property, that each waived any elective share or intestate share in the other's estate, and that neither spouse would ever seek child support for any future child.
Ten years later, Investor died. Investor's will left most assets to Investor's adult child from a prior relationship. Teacher seeks an elective share and also argues that the agreement is unenforceable because Teacher did not understand how much the rental houses might appreciate. The couple had one minor child. Investor's estate argues that the agreement controls all property and support issues.
Discuss which provisions of the premarital agreement are likely enforceable and which are not. Address property rights, elective-share waiver, disclosure, voluntariness, and child support.