Prenuptial Agreement Upheld

The SD Supreme Court handed down 1 new decision this morning. Summary is set forth below. 1) Prenuptial Agreement Upheld, Summary follows: ESTATE OF WEBB, 2026 S.D. 2: At the ages of 57 and 29, prospective H & W executed a prenuptial agreement, “after dating for nearly a year.” In the agreement, “[W] waived right to claim any share of [H's] estate after his death.” The marriage was conducted at an attorney’s office in Faith, SD, in the aftermath of the Atlas Blizzard on October 11, 2013. The prenuptial agreement was signed shortly before the civil ceremony. Upon H’s death 8 years later, W sought an elective share of his estate and also a family allowance. The trial court granted W a family allowance but denied her request for an elective share, upholding the prenuptial agreement. The SD Supreme Court affirmed. The Court’s opinion is authored by Retired Justice Kern. Justice Salter filed a brief opinion, concurring in result but also dissenting in part. This decision may be accessed at http://ujs.sd.gov/Supreme_Court/opinions.aspx .