Court: Executor Can Enter Prenup Battle with Billionaire Developer’s Widow

Posted on March 27, 2018 by Amanda DiChello



Litigation over the late Kirk Kerkorian’s $2 billion estate proves that when a lot of money is at stake, the provisions of a will and prenuptial agreement may be viewed as less than binding. Although this is a California case, it illustrates how the details involved in the execution of a prenuptial agreement can come back to haunt estate administrators.

Kerkorian, a Las Vegas developer who built the MGM Grand hotel, died in 2015 at age 98. His will directed an executor to distribute his money within three years of his death. But it’s taken nearly three years just to wade through claims on the estate raised by Kerkorian’s widow and others.

With billions at stake, it’s no surprise that the distribution of the estate’s assets has been anything but a straightforward process. Kerkorian left the bulk of his money to unspecified charitable organizations. He also had his fourth wife, Una Davis, whom he married in 2014, sign a prenuptial agreement giving up her rights to his money after his death in exchange for $10 million. Although Davis and Kerkorian separated after just two months, they were still married when he died.

Now Davis wants a third of Kerkorian’s estate, approximately $600 million. She argued in an “omitted spouse” petition filed in a Los Angeles Superior Court that she signed the prenup “under duress,” without independent legal counsel, and did not have an adequate understanding of Kerkorian’s financial situation at the time. Davis also maintained that the elderly Kerkorian lacked the capacity to make financial decisions at his age and was therefore unduly influenced by others. Finally, Davis also pointed out that although she signed the $10 million prenup, Kerkorian did not.

Executor Anthony Mandekic sought permission to oppose Davis’ omitted spouse petition, as required by California probate law. The Superior Court granted his request and Davis appealed.

On Jan. 19, the Court of Appeals concluded that the executor proved he had “good cause” to get involved in Davis’ lawsuit. It also noted that Mandekic’s familiarity with Kerkorian's financial and personal affairs put him in a position to advocate for what Kerkorian's intentions were in regards to leaving Davis out of his will. Further, Mandekic had no financial interest in Kerkorian’s estate, having already received a bequest that Davis did not challenge. Finally, allowing Mandekic to participate in Davis’ petition would bring the dispute to a quicker conclusion, the appeals court said.

Even though it’s undisputed that the will did not include Davis, it remains to be seen how this challenge to the prenuptial agreement will be resolved. Her allegations that she was pressured to sign the document without consulting an attorney of her own and the fact that Kerkorian was well into his 90s at the time are substantive issues for the court to decide. Adding an executor to the mix who is knowledgeable about Kerkorian’s intent and state of mind could be a turning point in completing the administration of his estate.

Our Mission

Lorem ipsum dolor sit amet, consectetur elit, sed do eiusmod tempor ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

Our Plan

Sed ut perspiciatis unde omnis iste natus error sit voluptatem doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo.

Our Vision

Nemo enim ipsam voluptatem quia voluptas sit aut odit aut fugit, sed quia magni dolores eos qui ratione voluptatem sequi nesciunt Neque porro quisquam est, qui dolorem ipsum quia dolor sit amet.

Services

Laudem latine persequeris id sed, ex fabulas delectus quo. No vel partiendo abhorreant vituperatoribus, ad pro quaestio laboramus. Ei ubique vivendum pro. At ius nisl accusam lorenta zanos paradigno tridexa panatarel.

Lorem Ipsum

Voluptatum deleniti atque corrupti quos dolores et quas molestias excepturi sint occaecati cupiditate non provident

Dolor Sitema

Minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat tarad limino ata

Sed ut perspiciatis

Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur

Magni Dolores

Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum

Nemo Enim

At vero eos et accusamus et iusto odio dignissimos ducimus qui blanditiis praesentium voluptatum deleniti atque

Eiusmod Tempor

Et harum quidem rerum facilis est et expedita distinctio. Nam libero tempore, cum soluta nobis est eligendi

Call To Action

Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.

Call To Action

Our Skills

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip

HTML 100%
CSS 90%
JavaScript 75%
Photoshop 55%

Facts

Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque

274

Clients

421

Projects

1,364

Hours Of Support

18

Hard Workers

Our Portfolio

  • All
  • App
  • Card
  • Web

App 1

App

Web 3

Web

App 2

App

Card 2

Card

Web 2

Web

App 3

App

Card 1

Card

Card 3

Card

Web 1

Web

Our Clients

Testimonials

Team

Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque

Walter White

Chief Executive Officer

Sarah Jhonson

Product Manager

William Anderson

CTO

Amanda Jepson

Accountant

Contact Us

Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque

Address

A108 Adam Street, NY 535022, USA

Phone Number

+1 5589 55488 55

Your message has been sent. Thank you!