Legal Question in Wills and Trusts in Florida

How long can spouse go after Trust without copy of signed Post-nup

My Father and my stepmother had signed a postnuptial agreement many years ago. However, after he deceased, we can not find a signed copy of this agreement, although his lawyer who wrote his Will had a draft copy of this post nuptial, nor do we know who the attorney was who wrote up this post nuptial agreement. We are sure that my stepmother made sure we could not find a copy of this postnuptial. My father had a Will and a Living Trust (everything he had was left in the Trust name--except life insurance and annuity account) that intentionally left my stepmother out of all claims to his estate after he deceased, and she has one likewise. I was informed by the same lawyer who wrote up my Dad's latest Will that if we could not produce a signed copy of this post nuptial agreement that my stepmother could go after 30% of my Dad's estate by Florida law. How long does she have to go after this 30%? Why would FL law let my stepmother be able to get anything? Especially since my father specifically did not want her to have anything from his estate and we will get nothing from her estate? She is wealthy in her own rights!


Asked on 9/10/04, 11:53 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: How long can spouse go after Trust without copy of signed Post-nup

When the will is offered for probate, the wife will have the right to take her eletive share of 30% since Florida permits this unless there was a prior agreement. You will have to prove the signing of the post nuptual agreement if she exercises her elective share rights. I just finished a similar matter where the spouse chose not to take . Good luck.

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Answered on 9/10/04, 3:20 pm


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