JACQUELYN ADELSON
v.
JODI KALTER, ETC.
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A will or trust bequest of a greater amount than required by a prenuptial agreement satisfies the prenuptial obligation and precludes any additional claim under the agreement.
[1] A bequest or trust distribution that exceeds the amount required by a prenuptial agreement satisfies the prenuptial obligation and constitutes full performance of the con…
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Join FLexlaw to unlock all legal intelligence“A will or trust that bequests a different—but greater—amount than required by a prenuptial agreement generally complies with the prenuptial agreement.”
Court's statement of applicable law regarding satisfaction of prenuptial obligations
Adelson and her deceased husband executed a prenuptial agreement providing she would receive the greater of $250,000 or ten percent of his estate upon…
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Third District Court of Appeal State of Florida Opinion filed April 30, 2025. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D24-0337 Lower Tribunal No. 23-14000 ________________ Jacquelyn Adelson, Appellant, vs. Jodi Kalter, etc., Appellee. An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge. Kluger, Kaplan, Silverman, Katzen and Levine, P.L., and Bruce A. Katzen, and Marissa A. Reichel, and Samson Appellate Law, and Daniel M. Samson, for appellant. Buchbinder & Elegant, P.A., and Harris J. Buchbinder, for appellee. Before GORDO, BOKOR and GOODEN, JJ.
PER CURIAM.
2
This case concerns interpretation of a prenuptial agreement and trust documents. Because we find that summary judgment was properly entered, we affirm. Appellant Jacquelyn Adelson and her deceased husband entered into a prenuptial agreement. It provided that, upon the death of her husband, Adelson would receive the greater of $250,000 or an amount equal to ten percent of the estate. Two months after the marriage, the decedent amended his trust documents to reflect the terms of the prenuptial agreement. Six years later, however, the decedent executed a third amendment to his trust documents. It provided Adelson would receive $1,000,000 upon his death. This amendment stated that the prior amendment was “deleted in its entirety.” In 2022, the decedent passed away. At the time, his net estate was worth $4,943.475.59. Adelson received $1,000,000 from the estate in accordance with the third amendment. But Adelson filed a statement of claim seeking an additional amount— the greater of $250,000 or an amount equal to ten percent of the estate. Appellee Jodi Kalter, the personal representative of the estate, objected.
Thereafter, Adelson filed suit asserting she is entitled the additional amount, claiming the trust was an additional gift and she is entitled to these
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sharps v. Sharps, 219 So. 2d 735 (Fla. 3d DCA 1969)
- In re Est. of Samuel B. Sacks, 267 So. 2d 888 (Fla. 3d DCA 1972)