Question
Randall Shanks was a successful attorney, and Teresa, his fianc was a secretary and office manager in his office. To preserve his assets for his
Randall Shanks was a successful attorney, and Teresa, his fianc was a secretary and office manager in his office. To preserve his assets for his children from a prior marriage, Randall suggested they sign a premarital agreement, and Teresa agreed. Randall drafted an agreement and gave it to Teresa ten days before their wedding. As she asked him questions about it, he responded, but he told her to get independent legal advice. Teresa consulted with an attorney from another state, who concluded that the agreement would force Teresa to waive all of her rights as a spouse. She told Teresa to get advice from a lawyer licensed in Teresa's home state. Teresa ignored this advice but returned the agreement to Randall asking him to make some changes the out-of-state attorney had suggested. Randall gave a revised agreement to Teresa and told her to review it with her lawyer. However, Teresa did not seek further legal advice. Randall and Teresa signed the agreement and were married. The marriage later failed (big surprise), and when Randall asked for enforcement of the premarital agreement, Teresa alleged that she was the victim of "undue influence." Was there undue influence in this case?
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