Sister Named Administrator of Brother’s Estate

estate administration attorneysSurrogate Edward W. McCarty, III, sitting in the Surrogate’s Court of Nassau County, recently granted Letters of Administration to the sister of a decedent. The sister had petitioned for Temporary Letters of Administration. In her application she claimed the decedent’s wife had waived her status to inherit from her husband’s estate pursuant to a 1994 prenuptial agreement and in a 2008 postnuptial agreement.

Agreements Obtained by Fraud and Undue Influence

The spouse had alleged the 2008 agreement was fraudulent and a result of undue influence. She also claimed her signature was forged. The court took the position if the postnuptial agreement was indeed set aside the spouse was the sole beneficiary of the estate. However, if the agreement was valid the spouse forfeited all of her rights to inherit under the laws of intestacy.

The Court ruled the evidence submitted proved that the document was signed by the spouse. The court also held that the spouse was unsuccessful in challenging the validity of the 1994 prenuptial agreement. The 1994 prenuptial agreement contained a waiver of all rights to property related to parties marrying. The court therefore granted Temporary Letters of Administration to the sister.


estate administration assistanceIf you waive your rights inherent in a prenuptial agreement or postnuptial agreement, you can’t become the administrator of the estate.

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