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Trapani v. Gagliardi

Citations: 502 So. 2d 957; 12 Fla. L. Weekly 406; 1987 Fla. App. LEXIS 6512Docket: No. 86-1358

Court: District Court of Appeal of Florida; January 27, 1987; Florida; State Appellate Court

Narrative Opinion Summary

The appellate court reviewed a trial court decision allowing claims by a widow against her deceased husband's estate, contrary to a prenuptial agreement. The parties, both elderly and previously married, had agreed orally and in writing before marriage that neither would claim the other's assets posthumously. The widow later contested the agreement, claiming coercion and lack of asset disclosure, invoking Florida Statutes section 732.702, which requires asset disclosure for post-marital agreements. The trial court found the agreement unenforceable, citing significant deviation from the oral agreement and lack of disclosure. On appeal, the court reversed this decision, ruling that the written agreement served as a sufficient memorandum of the premarital oral agreement, and thus, did not require asset disclosure. The appellate court emphasized that the core intent of mutual non-inheritance was preserved, and any additional benefits to the widow did not invalidate the agreement. It upheld the validity of pre-marital waivers of rights under existing case law precedent, remanding the case for further proceedings to align with these findings.

Legal Issues Addressed

Enforceability of Prenuptial Agreements under Florida Statutes Section 732.702

Application: The court concluded that a prenuptial agreement signed before marriage does not require asset disclosure to be enforceable under Florida Statutes section 732.702.

Reasoning: The written agreement was confirmed as enforceable, fulfilling the legislative requirements of section 732.702, which does not necessitate asset disclosure for agreements made before marriage.

Role of Asset Disclosure in Post-marital Agreements

Application: The appellate court determined that asset disclosure is required for agreements executed after marriage, which was not applicable in this case.

Reasoning: This statute allows a surviving spouse’s rights to be waived through a written contract, and mandates asset disclosure if such an agreement is executed post-marriage.

Validity of Oral and Written Agreements

Application: The court upheld the enforceability of a written agreement as a confirmation of a premarital oral agreement, despite claims of variance, as the core intent of the parties was maintained.

Reasoning: The court disagreed with the trial court's assessment of variance, stating that the written agreement's provision allowing Carmela to remain in George’s residence for six months did not alter the core understanding that each party would not inherit from the other.

Waiver of Spousal Rights

Application: The prenuptial agreement effectively waived the surviving spouse's rights to the deceased spouse's estate, as recognized by the appellate court.

Reasoning: The court found no relevance in cited cases affecting the validity of King and affirmed the waiver of homestead rights contained in the written agreement.