statue of limitation on prenuptial after death

[purple020338]

What is the name of your state (only U.S. law)? Missouri

My father and his second wife have a prenuptial agreement signed in 1988. He died last year after a 23 year marriage. Both have children from their first marriages, no children were born to the second marriage. How long does his widow have to contest, and possibly break, the prenuptial agreement they signed?

 

[ecmst12]

Does the prenup even say anything about death as opposed to divorce? Was there a will?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Missouri

My father and his second wife have a prenuptial agreement signed in 1988. He died last year after a 23 year marriage. Both have children from their first marriages, no children were born to the second marriage. How long does his widow have to contest, and possibly break, the prenuptial agreement they signed?

Prenuptials usually deal only with divorce. However the prenuptial could POSSIBLY deal with death. But the laws of intestate succession could supercede it. You need an attorney to look at the prenuptial if you don't want your father's widow to contest. Has the estate entered probate? If not, there are severe problems.

 

[purple020338]

Answering questions.

The prenup says nothing about death opposed to divorce as far as I know. I don't think the matter of death was discussed in it. There was a will and as of next week the time period to contest the will ceases. The matter entered probate 6 months ago.

 

[purple020338]

More info

The prenup was made in 1988 when they married. In 1994 my father deeded the family farm (bought in 1964, and later paid off, by him and his first wife)to the eldest son. In 2004 my father made his will. He died in August 2011. The big question is how long does his widow have to nulify the prenup and try to become part or full owner of the family farm. His widow has been saying for 20 years that she didn't understand what she signed, she was forced to sign it, etc. Could we lose the place our parents bought, where we grew up, and where both parents died? If so, how long do we wait on pins and needles to see if the widow will file to take it?

 

[ecmst12]

The prenup is not going to affect anything. The will is what controlls. And it doesn't sound like the farm has been owned by him for a very long time so it wouldn't be involved in probate in the first place.

 

[Ohiogal]

The prenup says nothing about death opposed to divorce as far as I know. I don't think the matter of death was discussed in it. There was a will and as of next week the time period to contest the will ceases. The matter entered probate 6 months ago.

She can therefore take her intestate portion against the will if she so chooses.