A claim that a transfer of property is in fraud of marital rights is where a spouse, after the death of the other spouse, seeks to set aside and void a property transfer. It is a unique type of fraud, separate and distinct from the traditional fraud which consists of nine elements. “If established, the…
Legal Articles
Transfers in Fraud of Marital Rights
Estate administration laws have several different pitfalls which can vastly change a probate estate. One of the more interesting scenarios that can occur is when a surviving spouse of a decedent attempts to nullify a conveyance for being “in fraud of marital rights.” The right to attack a conveyance in fraud of marital rights was developed…