Enforcement of Antenuptial Agreement
Michael B. Cosentino
Situation
This was a second marriage for both parties. It was the intention of both parties to leave to their respective children any and all assets which they owned prior to the marriage. At the time of the marriage both parties were over the age of 60. The parties executed an antenuptial agreement which included exhibits setting forth the assets of each party. The agreement specifically stated that each party retained title to all assets held under his or her name and disclaimed all rights of descent and distribution to the other’s property and estate except as provided in the agreement. The agreement further stated that each party represented that each fully disclosed to the other his or her assets, current earnings, expectancies and obligations.
When one party passed away, the beneficiaries contacted Attorney Cosentino to enforce the terms of the Antenuptial Agreement.
Action
The Decedent’s wife instituted action to recover certain assets that the Decedent possessed prior to the marriage claiming that they were not fully disclosed to her prior to entering into the antenuptial agreement. The widow claimed that had she known about the asset she would not have entered into the agreement.
Outcome
Litigator Michael B. Cosentino, Founding Partner at Wilchins Cosentino & Novins LLP, successfully represented the beneficiaries of an estate against a challenge by the Decedent’s widow challenging the enforceability of an antenuptial agreement executed in 1999.