Estate of Eskra
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Brandy filed a probate petition seeking to be appointed the personal representative of her late husband’s (Scott) estate. The trial court denied her petition based on a premarital agreement that waived Brandy’s interests in her husband’s separate property. The court named his parents as co-administrators of the estate. The court of appeal held Brandy was entitled to introduce extrinsic evidence in support of her argument that she and her late husband mistakenly believed the premarital agreement would apply only in the event of divorce, rather than upon death. On remand, the trial court found that the mistake was a unilateral mistake on Brandy’s part and that she was not entitled to rescission. The court expressly found “there was insufficient evidence that Scott encouraged or fostered Brandy’s mistaken belief.”
The court of appeal affirmed. Because Brandy failed to read the agreement and meet with her attorney to discuss it before signing it, she bore the risk of her mistake and is not entitled to rescission.
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