In Re Garbade

221 A.D.2d 844 (1995)

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Nature of the Case

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Facts

Robert married Respondent on 2-2-90. Each had been married and divorced. Robert was a wealthy executive who owned his own construction company and other enterprise. Respondent was unemployed and brought no assets to the marriage. Respondent and Robert signed a prenup agreement under which each waived any right to maintenance, equitable distribution, or community property rights and an elective share in each of their estates. The agreement required Robert to maintain a $100,000 life insurance policy on his life in Respondent's benefit. Robert died in July 1992 unexpectedly at 52 years of age. Respondent and Roberts two sons went to court when Respondent filed a notice of her election under EPTL 5-1.1 despite the fact that she had already gotten $340,000. The sons moved for summary judgment based on the prenup agreement. Respondent claimed that the agreement was obtained by fraud, misrepresentation, duress, and undue influence. The court granted the summary judgment and Respondent appealed.