Wills Trusts & Estates keyed to Dukeminier
In re Estate of Garbade
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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