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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7405
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Grandfather passed away and his current wife is refusing to

Customer Question

Grandfather passed away and his current wife is refusing to provide prenuptial agreement, grandfather owned a business and had several acres of land that his wife is now wanting.
Submitted: 4 months ago.
Category: Estate Law
Expert:  LegalGems replied 4 months ago.

I am very sorry to hear this; is there proof re: the prenup's existence?

Customer: replied 4 months ago.
Wife will admit to having one and grandfather was really close to family and informed us all that he was getting one because he lost a lot in a prior marriage
Expert:  LegalGems replied 4 months ago.

Thank you; once probate is filed, one can use the discovery process; basically the executor can send a request for Production to the individual, requesting the document. If it is refused or ignored, they can bring a motion to compel; if granted and the person still refuses, the court can hold the person in contempt of court (for the willful and knowing violation of a court order). This can result in sanctions such as the award of attorney fees, daily fines, even jail time.

If the person continues to withhold the prenuptial, the court may try to recreate the prenuptial by testimony, or even distribute property according to the intestate succession laws such as 1/2 to the spouse, 1/2 to the children. Intestate laws are here:

http://www.azleg.state.az.us/arizonarevisedstatutes.asp?Title=14

For something such as this it is important for the executor to hire an attorney (even more so if the spouse is the executor, because then an interested party would need to petition the court for a motion to compel production)

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 4 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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