If you were on a jury, what would you say about the following?

Question

Re: Pre-marital contract.
Facts: Husband & wife were married for 13 years before husband's death, & were together for 6 1/2 years before they married. Contract says Husband "will establish, in the JOINT name of husband & wife, a payable-on-death (POD) account in the principal sum of $150,000 for the sole purpose of distribution to wife at husband's death, & which at distribution shall become her sole & separate property. All interest monies earned on this account shall be deposited to the joint checking account established under subparagraph C of this paragraph 6 & used for daily living expenses, or as otherwise agreed between the parties."
Issue #1: Husband diverted $63,500 from this fund to his personal checking account. Is wife entitled to reimbursement after husband's death?
Issue #2: No interest money was ever deposited to joint checking acct & no agreement to do otherwise. Is wife entitled to interest monies on the principal sum for the term of the marriage?

Answer 1

#1--yes.

#2--no (probably--might need more info). Since the prenup doesn't state that the agreement has to be written, an oral or tacit agreement can be assumed by the conduct of the parties.

Answer 2

It basically says you're entitled to 150k no matter what the rest of the document says, no matter what the Will says. Worst case you bring a Breach of Contract action against the Estate.

If the PreNup is valid, that's prior to any provision of the Will. If the Will specifically provides something else for you, you get that, too.

Answer 3

I would think the $63,500 would have to be put back. The interest, since it wasn't taken care of at the time, is probably lost to you. A jury, I would think would say, that daily expenses were taken care of in some way.

Answer 4

Issue #1: no,since somehow husband managed to do this,he did it no one else so no one else is responsible for reimbursing it to you. #2: all money;principal and interest from policy are wifes and wifes only especially if she is named beneficiary no matter length of marriage

Answer 5

Dear Pammy,

Yes to both. Get a good attorney. Go for it, kiddo!! Good luck. Don't let the attorney eat up all your money!!

Answer 6

With or without a will all assets will belong to the wife. Even if they was married for a day

Answer 7

You really need to be asking a lawyer these questions.
We can all give you our opinions, but if I were you, I would want to know my legal rights.

Answer 8

too much info, too much confusion, go to a lawyer.