Legal Memos

Estate of Eskra (2022) 78 Cal.App.5th 209.  In this case a widow petitioned the probate court seeking to be appointed the personal representative of her late husband’s estate and sought recission of a premarital agreement that waived her interest in her husband’s separate property.  The petition was denied and the denial was affirmed by the court of appeal finding that the widow was not entitled to recission because of her mistaken belief that the premarital agreement would apply only in the event of divorce, rather than death, as this was a unilateral mistake of fact and the widow bore the risk of her mistake because she did not read the final draft of the agreement and did not meet with her attorney to discuss it before signing it.


Related Attorney(s):
Gregory L. McCoy