L
Lee2519
Guest
Following is a shortened version of the situation. (For further details please read the thread entitled Post Nuptial Agreement... Pls help!!! For the lawyer who responded in the previous thread I have answered your questions in the other thread.
Estate in Florida
My father was married 18 years to his second wife. Four years ago after realizing his wife was greedy and not faithful he had her sign a post nuptial agreement giving up her right to an outright distribution of his 401k (qualified retirement plan). In this agreement as well as the last will and testament, it states, she is entitled to 10% of the principal value per annum. Upon her death, the remaining balance, if any, will be distributed to my brother and myself.
Okay here are the problems:
The wicked step-mother has hired an atty and is claiming my father did not disclose all of his assets in the post nuptial. My father included a life insurace policy of 250k that she is to inherit, however, did not disclose a 100k life ins policy that my brother and I are to inherit I looked up the Fl Statue that governs The waiver of spousal rights that is mentioned in the post nuptial and it states EACH SPOUSE SHALL MAKE A FAIR DICLOSURE TO THE OTHER OF THAT SPOUSE'S ESTATE.....
Therefore, what constitutes a fair disclosure? All other assets were listed but the life ins policy.
The other problem is that my father filled out the beneficiary provision on his 401k many years ago and named my step-mother as the beneficary not the trust. The post nuptial agreement and Will was created after the beneficiary provision.
Which takes precedence??
Its obvious we will be going to court over this matter. Do I hire a probate atty or a litigation atty. I need someone who can play hard ball to finally put this greedy wicked step-mother in her place. Does anyon know of a experienced atty in Broward Cty or Palm Beach Cty. (Boca Raton)
Thank you in advance for your response.
Estate in Florida
My father was married 18 years to his second wife. Four years ago after realizing his wife was greedy and not faithful he had her sign a post nuptial agreement giving up her right to an outright distribution of his 401k (qualified retirement plan). In this agreement as well as the last will and testament, it states, she is entitled to 10% of the principal value per annum. Upon her death, the remaining balance, if any, will be distributed to my brother and myself.
Okay here are the problems:
The wicked step-mother has hired an atty and is claiming my father did not disclose all of his assets in the post nuptial. My father included a life insurace policy of 250k that she is to inherit, however, did not disclose a 100k life ins policy that my brother and I are to inherit I looked up the Fl Statue that governs The waiver of spousal rights that is mentioned in the post nuptial and it states EACH SPOUSE SHALL MAKE A FAIR DICLOSURE TO THE OTHER OF THAT SPOUSE'S ESTATE.....
Therefore, what constitutes a fair disclosure? All other assets were listed but the life ins policy.
The other problem is that my father filled out the beneficiary provision on his 401k many years ago and named my step-mother as the beneficary not the trust. The post nuptial agreement and Will was created after the beneficiary provision.
Which takes precedence??
Its obvious we will be going to court over this matter. Do I hire a probate atty or a litigation atty. I need someone who can play hard ball to finally put this greedy wicked step-mother in her place. Does anyon know of a experienced atty in Broward Cty or Palm Beach Cty. (Boca Raton)
Thank you in advance for your response.