Prenup Validity In Probate

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The court is Superior court of California county of Kern metropolitan division probate department. I am the respondent to * petition: petition for the transfer of personal property to the estate. I have filed my objection but can I send a revised version with cases that support my objection. I was notified by Fidelity Investments I was sole beneficiary of my husbands ERISA qualified Defind contribution 401k retirement account. The petitioner arguing I had prenup so I can not inherited account. She wrote Edward Jones(where I rolled account to) stating she was administering the that I illegally obtained the account and freeze it immediately. And they did, after I was notified by Edward Jones attorney who told me to sighn a stipulation and order he had already prepared. My defense is yes I had a prenup that was handled to me and signed and noterized all on same day , 3 days befor wedding. And a prenup not a valid submission for spousal wavier
In general, yes, you can file an amended objection. You may need to:
- Seek permission from the court first
- Ensure the amended objection is served to the petitioner
- Comply with any court-imposed deadlines
Please consult with a local attorney to be sure about the rules in Kern County.
Relevant court cases
Based on your situation, you might find the following cases relevant:
*. Kennedy v. Plan Administrator for DuPont Savings and Investment Plan - Supreme Court ruled that ERISA plans must follow the designated beneficiary, not a waiver in a divorce decree.
*. Egelhoff v. Egelhoff - Supreme Court upheld that federal law (ERISA) preempts state law in designating plan beneficiaries.
Please consult with a local attorney to understand these cases better.
Any more
For more specific cases, could you provide additional details about your situation? For instance, was your prenuptial agreement reviewed by separate attorneys or was it not disclosed fully and fairly? Answer:
No I did not have an opportunity, also my husband only had a list of assets, no amount or relevant information and listed no debts
Based on your information, consider these cases:
*. In re Marriage of Bonds (*) - California Supreme Court ruled a prenuptial agreement is valid even without independent counsel, if executed voluntarily.
*. In re Marriage of Facter (*) - California Court of Appeal found prenuptial agreements can be invalidated if not disclosed fully and fairly.
Consult a local attorney for more insights.
Ok so even though egelhoff vs egelhoff state states have no jurisdiction on the matter and fidelity says plan documents will govern , the still have a legal basis to ask for account?
Yes, despite the rulings in Egelhoff v. Egelhoff and Fidelity's plan documents, they can still seek the account due to your prenuptial agreement. This is because under ERISA, a spouse can waive their rights to a retirement account, and your prenuptial agreement might be seen as such a waiver.
No under ERISA a prenup is signed before marriage not as wife and IRC says not a valid waiver of spouses rights. The is very strict rules on spousal wavier.
You're correct that ERISA has strict rules on spousal waivers. Have you consulted a local attorney to ensure that your prenup doesn't fall into this category, despite being signed before the marriage?
No because Not only the fact I was not given the opportunity to seek legal advice , nor was I given the all the info needed to make an informed decision, I was told would only be enforced if I divorced him.
Based on your information, it seems there might be an issue regarding the validity of your prenuptial agreement. You may want to consider these points:
*. Adequate legal representation: Were both parties represented by independent legal counsel?
*. Full and fair disclosure: Were all assets and liabilities fully disclosed at the time of prenup?
*. Free and voluntary agreement: Was the prenuptial agreement signed voluntarily without undue pressure or influence?
Please consult a local attorney to understand more about these elements in Kern County, California.