Legal Question in Family Law in New York

Re: Pre-Nuptial Agreement

There is no legal requirement to retain a

copy of any pre-nuptial agreement nor is

there any requirement that such agreements

be filed. This would permit the parties

to the agreement to terminate them at will.

There could be other reasons for the retention

of assets by a surviving spouse. There are

provisions of the SCPA and EPTL which define

non-probate assets which pass to the surviving

spouse regardless of the provisions of any

will or other agreement

Clearly this possibility must be examined.

The only other possibility is to conduct a

search for the "missing" document and determine

if a reasonable fascimile can be found, and

if there is independent evidence as to

its authenticity, and lack of revocation

Re: Pre-Nuptial Agreement

You should contact a local attorney. Because there is a minor child involved, the probate court will be much more willing to get involved in this matter.

There is no reason your minor child should not have a share in the estate.