dad's wife signed penutial

[mistressnight2]

Need info about prenuptial law in ohio...my Dad's second wife signed a penuptial agreement to keep my fathers possessions seperate from hers.Theu have never resided in the same house..both has lived totally seperate.She was beneficiary to several accounts and cds totaling nearly 1/2 mill,so she is not out in the cold.Now she says she wants widows benefits which means she wants part of what my father left to me and my two brothers.My dad had her sign this ageement to protect us children from this exact event.There are no children from this second marriage.Where do we stand?

 

[ALawyer]

In need of seeing a lawyer to learn exactly what rights you have and what she has.

 

[mistressnight2]

this i know

Our family already has an att.......I didn't pick him....will i need my own representation.....is there case files that have dealt with this same kind of case and if there is...where do i find it????I am still distraught with the fact that my dad is gone....i am having a hard time dealing with the legal side of this..when my dad was in the hospital I never dreamed he wouldn't be coming back home or he would of prepared us better......his prenup was suppose to protect us children from her having any claim on the rest of his estate or us (his children) having any claim on her possessions.Can anyone provide me with similar cases that has been recorded in OHIO law????

 

[advisor10]

1-16-2002

DEAR MISTRESSNIGHT2:

You have left out some important information:

(1) Is there a will?
(2) Is there a trust?

The will and the prenuptial agreement will have to be examined to see what the exact instructions are.

Exactly what are the "widows benefits" she thinks she is entitled to? It seems that if the prenuptial was drafted by an attorney, and if it was well-written, its legality should be strongly enforced, although that is not to say that some negotiation might be needed so that the amount she receives as widows benefits need not be high but reasonable and fair or minimal.

SINCERELY,

advisor

 

[mistressnight2]

Yes there is a will drawn up in 1979 that clearly lists myself and my two brothers as the beneficiarys of his estate,and our mother as executor.My dad's wife was beneficiary of his 401k,some cd's,stocks,bank accounts, totalling nearly a half million $$$!!!But the approach she may be taking is that the prenup was signed under duress.....the day before/day of the wedding.I'm not sure how Ohio law reads about this kind of situation.I would like to find other case history court settlments dealing with the same situation.The prenup WAS drawn up by my fathers atty.(differnt atty than the will)She really wasn't under any "duress" she knew she had to sign or my dad woudn't marry her.She has her own and properties,she and my dad have NEVER resided in the same house.....they have always lived seperately!!!My 93 year old grandmother's home was also in my dad's name making it part of his estate.She is still living,residing in her house.I am also confused about widow rights.What the heck does that mean?It seems a pre-nup should be lock tight......is it?

 

[mistressnight2]

I forgot to answer one question....she thinks she is entitled to 40% of my dad's estate.