Geddings v. Geddings

Before marrying, Mr. and Mrs. Geddings signed a premarital contract disclaiming any interest in each other's estates, but Mr. Geddings never disclosed the value of his own estate to Mrs. Geddings, and the attorney preparing the contract never discussed his assets with her when she signed. After Mr. Geddings's death, Mrs. Geddings (plaintiff) sought her statutory elective share of his estate; his children from an earlier marriage (defendants) argued she had waived that right by signing the premarital contract. The probate court found the waiver invalid for lack of fair disclosure, and the circuit court affirmed.