Summary
The Supreme Court of Virginia held that a premarital agreement waived the surviving spouse's claims to an elective share, family allowance, and exempt property with respect to property identified as the decedent's separate property in the agreement. The court also held that inherited Peruvian property was maintained as separate property and that life insurance policies transferred to an irrevocable trust were properly excluded from the augmented estate because the claimant failed to establish the statutory valuation threshold. The court affirmed the denial of attorney's fees for elective-share litigation because those fees served the executor's personal interests rather than the estate.
Holdings
- The premarital agreement waived the surviving spouse's rights to an elective share, family allowance, and exempt property insofar as those claims sought recovery from property designated as separate property and listed in the agreement's appendices.
- The decedent's inherited remainder interests in the Peruvian properties were maintained as separate property and were properly excluded from the augmented estate.
- The life-insurance policies were properly excluded because the surviving spouse failed to prove that their value exceeded the statutory $10,000 threshold when transferred.
- The executor was not entitled to attorney's fees from the estate for litigation pursuing his personal elective-share claim.
Questions Presented
- Whether the premarital agreement waived the surviving spouse's claims to an elective share, family allowance, and exempt property with respect to property listed in the agreement.
- Whether inherited remainder interests in real property in Peru were maintained as separate property and therefore excluded from the augmented estate.
- Whether life-insurance policies transferred to an irrevocable trust were includable in the augmented estate under the statutory valuation and five-year pullback provisions.
- Whether the executor was entitled to attorney's fees from the estate for litigation pursuing his personal elective-share claim.
Disposition
affirmed
Cases Cited (17)
- Pysell v. Keck, 263 Va. 457, 559 S.E.2d 677 (2002)(distinguished)
- Wilson v. Holyfield, 227 Va. 184, 313 S.E.2d 396 (1984)(followed)
- Virginian Ry. Co. v. Hood, 152 Va. 254, 146 S.E. 284 (1929)(followed)
- State Farm Mut. Ins. Co. v. Justis, 168 Va. 158, 190 S.E. 163 (1937)(followed)
- J.M. Turner & Co. v. Delaney, 211 Va. 168, 176 S.E.2d 422 (1970)(followed)
- Wilby v. Gostel, 265 Va. 437, 578 S.E.2d 796 (2003)(followed)
- Ainslie v. Inman, 265 Va. 347, 577 S.E.2d 246 (2003)(followed)
- Horner v. Department of Mental Health, 268 Va. 187, 597 S.E.2d 202 (2004)(followed)
- In re Gordon E. Hannett, 270 Va. 223, 619 S.E.2d 465 (2005)(followed)
- Turner v. Commonwealth, 226 Va. 456, 309 S.E.2d 337 (1983)(followed)
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