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Wills, Trusts & Estates Keyed to Bonfield
Matter of Greiff
Citation:
703 N.E.2d 752 (N.Y. 1998)Facts
Helen Greiff and Herman Greiff married in 1988, when Helen was 65 and Herman was 77. They both entered into reciprocal prenuptial agreements that waived the statutory right of election against each other’s estate. Three months after their marriage, Herman Greiff passed away, leaving a will that bequeathed his entire estate to his children from a previous marriage, with no provision for his surviving wife, Helen. In response, Mrs. Greiff petitioned for a statutory elective share of the estate. However, Herman’s children countered her claim by presenting the two prenuptial agreements, arguing that they precluded Mrs. Greiff from exercising her right of election against her husband’s estate.
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