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Home / Opinion Digests / Wills & Trusts – Statutory Rights Waiver – Sanctions (access required)

Wills & Trusts – Statutory Rights Waiver – Sanctions (access required)

Although a proposed marital agreement provided that decedent's wife would accept the jointly owned marital home and would not seek payment of the mortgage debt from husband's estate and would waive her statutory elective share, the doctrine of res judicata precluded decedent's two adult children from asserting the proposed agreement, executed only by the wife ...

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