Stregack v. Moldofsky

After Manuel Moldofsky's will was admitted to probate, his wife Sally Moldofsky (plaintiff) filed a notice of elective share; Manuel's daughter and estate representative, Susan Stregack (defendant), moved to strike that notice based on a premarital antenuptial agreement in which Manuel and Sally each waived claims to the other's estate. Sally then sued to void the agreement, alleging Manuel knowingly failed to disclose certain assets when it was signed; the probate court and trial court both ruled against Sally, but the district court reversed, holding a surviving spouse could challenge an antenuptial agreement for fraudulent nondisclosure, and Stregack appealed.