Legal Question in Wills and Trusts in Arizona
Legal Claim Against Estate?
I am an only child. My mother died intestate. A few months after my mom's death, her husband converted & destroyed all assets of the estate and abandoned it. I initiated probate, halted foreclosure, & became personal representative. My stepfather's first wife has presented the estate with a claim for back child support owed to her by my stepfather prior to his marriage to my mother. The claim is based on a promise made in court (just before mom's death) by my stepfather to pay the debt (his separate debt) within a year. My mother apparently verbally secured the agreement with her house (her separate property). However, I have original promissory note & second deed of trust which were never signed by anyone and I have the fully executed prenuptial agreement between mom & my stepfather in which he waives all rights to her house, etc., even upon her death. Is the ex-wife's claim against the estate valid?
1 Answer from Attorneys
Re: Legal Claim Against Estate?
No. The prenuptial agreement deprives him of any interest in the real estate, and thus his promise to pay cannot be secured by that property. A verbal promise associated with conveying real estate is void under the statute of frauds.
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