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Estate of Berzinis

Supreme Judicial Court of Maine
Feb 14, 1986
505 A.2d 86 (Me. 1986)

Summary

holding that a premarital agreement that spoke only in terms of divorce did not operate as a waiver of the wife's right to an elective share of her decedent husband's estate

Summary of this case from Dow v. Billing

Opinion

Argued November 22, 1985.

Decided February 14, 1986.

Appeal from the Probate Court, Piscataquis County.

Ranger, Fessenden Copeland, P.A., Orville T. Ranger (orally), Brunswick, for plaintiff.

Perkins, Thompson, Hinckley Keddy, Linda D. McGill (orally), Portland, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN and SCOLNIK, JJ.


The Personal Representatives of Robert R. Berzinis, late of Greenville, appeal from a judgment of the Piscataquis County Probate Court on May 2, 1985, recognizing the rights of the Petitioner, Gail Berzinis, as the surviving spouse, to an elective share, a homestead allowance, an exempt property allowance and a family allowance.

The Personal Representatives rely upon a certain written agreement dated December 2, 1982, signed by the couple prior to their marriage on December 15, 1982. They assert that by that writing the wife had effectively waived all right to elect and all other rights in her husband's estate pursuant to 18-A M.R.S.A. § 2-204 (1979).

The operative language of their antenuptial agreement is found in Section III thereof:

All real and personal property owned by either of the parties at the time of their marriage, and all real and personal property that either may acquire from any source whatsoever during their marriage, shall be their respective separate property except as otherwise provided herein.

The central fact is that this agreement contains no waiver whatsoever of the rights of one spouse at the death of the other. In no way does it speak of death.

The use of the term "separate property," which brings to mind the definition of "marital property" in 19 M.R.S.A. § 722-A (1979), is suggestive of a provision for divorce but not of a provision for death.

Indeed, the wife testified that when the decedent asked her to sign this agreement on the eve of their marriage, he told her that the agreement was "in case of divorce."

So it was.

The entry is:

Judgment affirmed.

All concurring.


Summaries of

Estate of Berzinis

Supreme Judicial Court of Maine
Feb 14, 1986
505 A.2d 86 (Me. 1986)

holding that a premarital agreement that spoke only in terms of divorce did not operate as a waiver of the wife's right to an elective share of her decedent husband's estate

Summary of this case from Dow v. Billing

finding no waiver where a premarital agreement in no way mentioned death

Summary of this case from In re Barrows

determining that a wife did not waive her right to an elective share where the premarital agreement "[i]n no way [spoke] of death"

Summary of this case from In re Barrows
Case details for

Estate of Berzinis

Case Details

Full title:ESTATE OF Robert R. BERZINIS

Court:Supreme Judicial Court of Maine

Date published: Feb 14, 1986

Citations

505 A.2d 86 (Me. 1986)

Citing Cases

In re Estate of Barrows

In no way does it speak of death." Estate of Berzinis, 505 A.2d 86, 86 (Me. 1986) (emphasis added). By…

In re Barrows

(Emphasis added.) Cf. Estate of Berzinis, 505 A.2d 86, 86 (Me. 1986) (determining that a wife did not waive…