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In Re Benker Estate
Citations: 296 N.W.2d 167; 97 Mich. App. 754Docket: Docket 43369
Court: Michigan Court of Appeals; June 3, 1980; Michigan; State Appellate Court
Charles Benker died intestate on December 15, 1976, leaving his wife, Elizabeth Benker, and his daughter, Ruth Counts, as his sole heirs. Prior to their marriage, Charles and Elizabeth signed an antenuptial agreement waiving their rights to inherit from each other. Elizabeth later challenged the validity of this agreement, claiming it was void due to insufficient disclosure regarding Charles's estate. Ruth Counts appealed a Wayne County Circuit Court order that upheld the probate court's invalidation of the agreement. The Michigan Court of Appeals found that the trial court failed to properly allocate the burden of proof concerning the antenuptial agreement's validity. Michigan law presumes antenuptial agreements are valid and allows waivers of inheritance rights through written agreements executed with fair disclosure. The court reinforced that while fair disclosure is required, the burden of proof rests with the party seeking to invalidate the agreement, not the party defending it. Citing legal precedent, the court clarified that the claimant of nondisclosure must prove their case, distinguishing between fraud and nondisclosure but implying the same burden of proof applies. Although there might be supportive facts for Elizabeth's claims, the court emphasized that she bears the responsibility to prove nondisclosure. The court reversed the lower court’s ruling and remanded the case for further proceedings consistent with its findings.