Legal Question in Wills and Trusts in Louisiana

In Limbo

My husband died of a sudden heart attack. We were married almost 10 years. After being married almost 3 months, my husband asked me to sign a Separate Property Agreement because he wanted to build a house for us and he did not want to lose it as he had in his first divorce. he stressed it was in the event of divorce.

He has been estranged from his family for years. He had no children. There was no financial disclosure on his part, I did not speak with his attorney, nor did I have an attorney. I have been told that the agreement could probably be overturned.

Our home was built AFTER our marriage on 2 acres he had owned prior to the marriage. The mortgage has been paid off. I paid all debts after my husband died out of a personal injury settlement from a car accident.

There was only $10,000 life insurance which I used for funeral expenses. My husbands Police retirement stopped after his death as did my health insurance.

My husband's estranged sisters now want his estate. They did not even speak orior to his death. One sister went into court after his death behind my back and was named executrix of his estate. I was not notified at the time.

Where do you think I stand?


Asked on 3/03/02, 7:33 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: In Limbo

Although a well written "pre-nuptual" agreement is difficult to shake, at worst, his estate is indebted to you.

Consult an attorney as soon as possible.

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Answered on 3/04/02, 11:08 am


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