Estate of Eskra: Why Reading Your Premarital Agreement Could Save Your Inheritance Rights
If you’re a California resident managing estate matters or concerned about protecting your family’s assets, the recent Estate of Eskra case offers a critical lesson: failing to read a premarital agreement before signing can permanently waive your inheritance rights—even if you believed the agreement said something different.
What Happened in Estate of Eskra?
Brandy sought appointment as personal representative of her late husband’s estate, but the court denied her petition based on a premarital agreement that waived all her interests in his estate.
The case centered on whether Brandy could rescind (cancel) the premarital agreement based on a unilateral mistake. Brandy testified that she instructed her attorney to remove language making the agreement applicable upon death, believing it would only apply in case of divorce. However, the trial court found that Brandy’s husband knew the agreement applied at death, and critically, that Brandy failed to read the final agreement or consult with her attorney before signing.
The Court’s Ruling: You Bear the Risk of Not Reading
The California First District Court of Appeal affirmed the trial court’s decision in May 2022. The appellate court held that while Brandy made a mistake about the agreement’s contents, she bore the risk of that mistake because she didn’t read the revised agreement or consult with her attorney before signing.
The court emphasized a fundamental principle: to obtain rescission of a contract based on unilateral mistake of fact, the mistaken party must not bear the risk of the mistake. By failing to take basic precautions—reading the document and consulting counsel—Brandy assumed that risk.
What This Means for California Families
This case answers a question many California residents face: “Can I cancel a premarital agreement if I didn’t understand what I was signing?” The answer is generally no, if you had the opportunity to read it and consult an attorney but didn’t.
Key takeaways for anyone entering into estate-related agreements:
How Can You Protect Your Family’s Interests?
Whether you’re considering a premarital agreement, managing a loved one’s estate, or planning your own legacy, proper legal guidance is essential. The Estate of Eskra case demonstrates how a single oversight—not reading a document before signing—can have permanent consequences for your family’s financial security.
California Probate and Trust, PC helps California residents navigate complex estate planning and probate matters with transparency and compassion. Our experienced attorneys provide the one-stop-shop guidance you need to protect what matters most—your family and your legacy.
Case Information
Source: California Lawyers Association – Estate of Eskra
Full Opinion: Read the complete First District opinion (PDF)
Protect Your Family’s Future—Schedule Your Free Consultation Today
Don’t leave your estate planning to chance. Whether you need guidance on premarital agreements, trust administration, or probate matters, California Probate and Trust, PC offers free consultations to help you understand your options and create a plan that protects your loved ones.
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About the Author: Dustin MacFarlane, Esq.
California Licensed Attorney | Estate Planning Specialist
Dustin MacFarlane is the founder of California Probate and Trust, PC, with over 15 years of experience in estate planning, probate administration, and trust law. Licensed by the California State Bar, Dustin has helped thousands of California families protect their assets and plan for the future.
CA Bar License: Active | Practice Areas: Estate Planning, Probate, Trust Administration | Location: Granite Bay, CA
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