In re Estate of Eichstadt
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The Supreme Court affirmed in part and reversed in part the judgment of the circuit court finding that a surviving wife (Wife) did not voluntarily enter into a premarital agreement that waived any right she had to the property of her deceased husband (Husband) and that the agreement was unconscionable, holding that the circuit court erred in invalidating the agreement under the provisions of S.D. Codified Laws 29A-2-213(b) and S.D. Codified Laws 25-2-21(a)(2).
After Husband died, Wife petitioned the circuit court for, inter alia, her elective share and homestead allowance. At issue was the validity of the premarital agreement signed by Wife. The circuit court found that Wife did not voluntarily sign the agreement and that the agreement was unconscionable. The Supreme Court reversed in part, holding that the circuit court (1) did not clearly err in finding that Wife did not voluntarily sign the agreement and that the agreement was void and unenforceable on this basis; but (2) erred in finding that the agreement was unconscionable.
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