Wills Trusts & Estates keyed to Dukeminier
In re Estate of Garbade
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Garbade owned his own construction company and had interests in other enterprises. The respondent brought no assets to the marriage and was unemployed. The respondent and Garbade signed a prenuptial agreement waiving their rights to distribution of community property and their rights to take an elective share of the other’s estate. The respondent received $340,000 when Garbade died but elected to take a share of Garbade’s estate as his surviving spouse. The Surrogate Court granted the petitioner’s request to set aside the respondent’s election. Thereafter, the respondent appealed.
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