Premarital & Postmarital Agreements
How Marital Agreements Impact Your Will
When creating a last will and testament, your focus is generally on the
present and the future. However, prior contracts and agreements can play
a big role in how your will is interpreted in probate. In many cases,
the terms of a prenuptial or postnuptial agreement will actually supersede
your will when the two conflict.
To ensure that your wishes are protected after you pass, call our experienced
McKinney probate attorneys at Willingham Law Firm today. Our skilled legal
team has created more than 4000 wills on behalf of our clients, giving
us the knowledge and experience to guide you through even the most complex
estate planning matters.
Premarital agreements can negate portions of your will. Make sure your
wishes are protected by calling (214) 250-4407 today.
Determining What Property You Can Pass On
Most prenuptial agreements dictate which spouse owns what in a marriage,
and also state who gets what in the event of a divorce or separation.
However, many will also include terms which specify how each spouse will
write their will, and how property will be divided after one spouse dies.
When these terms conflict with your will, the court will most often choose
to uphold the agreement instead of the will.
When One Spouse Has No Will
If a spouse dies without an estate plan or will, or if their will is deemed
invalid, the probate court can use the terms of a pre or postmarital agreement
to divide their estate. Interestingly, these marital agreements can actually
supersede state law. For example, you cannot disenfranchise your spouse
in your will, but you can specify in a prenuptial agreement that the entire
estate will be left to someone other than your spouse. However, the final
determination will made by the court.
Don’t Wait to Create a Will – Call (214) 250-4407
When you trust your estate planning to Willingham Law Firm, you can expect
dedicated counsel from a McKinney probate lawyer who truly cares about
protecting your wishes and interests. Our experienced team has helped
more than 2,000 clients through a wide variety of estate planning matters,
including wills, living trusts, probate, and more.
Take steps to protect your wishes after you pass. Call our firm to schedule your
free case consultation.