L
Lee2519
Guest
My Dad passed away one month ago in Florida. He had his wife sign a post nuptial agreement giving up her right to an outright distribution of his retirement plan (401K). Before she signed, she hired an attorney to review this agreement and to explain the meaning and legal effect of it. The agreement as well as the last will and testament clearly states that she is entitled to 10% of the principal value of the plan per annum. Upon her death, my brother and I are to receive the balance of the plan.
My step-mother has hired an attorney and is now stating the agreement is not valid since my father did not disclose all of his assets in the agreement. Apparently, he didn't disclose a life insurance policy of 100k that my brother and I have inherited. However, he did disclose all other assets including the life insurace policy of 250k in which my step-mother inherited.
Please advise what grounds my brother and I have at securing the 401k and granting my fathers wishes. Both my brother and step-mother are executors of the will.
Since my Dad did not disclose this info does this automatically mean the post nuptial is not valid. Please help!!!!!!
My step-mother has hired an attorney and is now stating the agreement is not valid since my father did not disclose all of his assets in the agreement. Apparently, he didn't disclose a life insurance policy of 100k that my brother and I have inherited. However, he did disclose all other assets including the life insurace policy of 250k in which my step-mother inherited.
Please advise what grounds my brother and I have at securing the 401k and granting my fathers wishes. Both my brother and step-mother are executors of the will.
Since my Dad did not disclose this info does this automatically mean the post nuptial is not valid. Please help!!!!!!