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Foster v. Estate of Gomes

27 So. 3d 145 (2010)

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Foster v. Estate of Gomes

Florida District Court of Appeal
27 So. 3d 145 (2010)

  • Written by Tammy Boggs, JD

Facts

Before getting married, Lora Foster (defendant) and Edward Gomes entered into an antenuptial agreement. Gomes had disclosed most of his assets to Foster before they signed the agreement but omitted one asset worth approximately $10,000. Under the agreement, Foster waived all her rights to Gomes’s property, including her right to an elective share. After Gomes died, his will was admitted to probate. Foster petitioned to seek an elective share. Gomes’s personal representative (plaintiff) moved to strike the petition on the grounds that Foster had waived her elective-share right in the antenuptial agreement. The trial court upheld the agreement. Foster appealed, arguing that Gomes’s failure to completely disclose his assets invalidated the antenuptial agreement.

Rule of Law

Issue

Holding and Reasoning (Cohen, J.)

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Casebooks

Wills, Trusts, and Estates

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