QUESTION
can a post marital agreement be revoked in a will?
Asked on Nov 29th, 2016 on Wills and Probate - New York
More details to this question:
my father and step mom had a post-marital agreement for over 20 years, as they both intended to preserve their respective estates for their children from previous marriages....and then only 8 months before his death after being ill and at her mercy he changed his will in which he revoked his side of the agreement which protected his estate from her and gave her premarital assets...against eveything he had ever said he would do...she enjoyed the benefits of her estate being protected for her kids until he died as i don't believe they revoked it unilaterally ad formally..and even if they did she nagged him into doing what he said he would never do under duress fraud and undue unfluence :( can she be removed from the will? also they filed in county in ny where he died but he has owned property and been a florida resident for years?
1 ANSWER
1 Award
The post nuptual agreement will determine how it can be revoked. The will and revocation can be challenged on the usual grounds, but it is an uphill fight. You can also challenge jurisidiction in NY. However, you need to object to probate on those grounds. As next of kin, you will be served with the citation for the court hearing.
Answered on Nov 30th, 2016 at 4:15 PM