Kellar v. Estate of Kellar

¶1 — After her husband’s death, Donna Kellar challenged the validity of their prenuptial agreement. The trial court properly struck portions of her declaration made in violation of the dead man’s statute, RCW 5.60.030, and properly concluded that the Estate had not waived the protections of the dead man’s statute. We affirm denial of summary judgment to Donna on the fairness of the prenuptial agreement. We reverse the grant of the Estate’s summary judgment motion on the theories of judicial estoppel and ratification. We reverse the denial of the Estate’s summary judgment motion to find the…