## Facts

- Manuel Moldofsky died leaving a will that made no provision for his surviving spouse beyond referencing an antenuptial agreement.
- Before marriage, Manuel and Sally Moldofsky executed an antenuptial agreement waiving all rights in each other’s estates.
- The will was admitted to probate, and Sally filed a notice of elective share.
- The personal representative moved to strike the elective share notice based on the antenuptial waiver.
- Sally filed a separate circuit court action seeking cancellation of the antenuptial agreement, alleging Manuel fraudulently failed to disclose assets when the agreement was executed.
- The probate court struck the elective share notice; the circuit court dismissed the fraud action as moot and barred by res judicata.
- The district court of appeal reversed both orders, holding a surviving spouse could challenge the agreement for fraudulent nondisclosure despite § 732.702, creating conflict with another district’s interpretation.

## Issues

1. Whether § 732.702, Florida Statutes (1983), permits a surviving spouse to invalidate a premarital antenuptial waiver in probate based on the decedent’s nondisclosure of assets, including alleged fraudulent nondisclosure.

## Decision

- The Florida Supreme Court quashed the district court decision.
- The court held that, under § 732.702, nondisclosure in any form cannot invalidate an antenuptial agreement in the probate proceedings of a deceased spouse when the agreement was executed before marriage.
- The trial-level effect was reinstated: the elective share notice was properly stricken, and the separate fraud-by-nondisclosure cancellation action could not be used to defeat the agreement’s probate effect.

## Legal Principles

- Under § 732.702(2), fair disclosure is required only if a waiver agreement is executed after marriage; by implication, disclosure is not a statutory condition for premarital waivers in probate.
- Courts may not reintroduce a premarital disclosure requirement in probate by characterizing nondisclosure as “fraudulent nondisclosure” where the statute omits a disclosure condition.
- Statutory requirements govern the validity and enforceability of waivers of spousal probate rights; prior common-law disclosure doctrines yield to the statute in this setting.

## Conclusion

The Florida Supreme Court held that § 732.702 forecloses probate challenges to premarital antenuptial waivers based on any nondisclosure of assets by the decedent, including claims framed as fraud, and therefore the surviving spouse could not assert an elective share inconsistent with the waiver.


Stregack v. Moldofsky, 474 So. 2d 206 (Fla. 1985)