Prenuptial & Postnuptial Agreements in McKinney
Helping Protect You & Your Family
Being engaged is one of the most joyful periods in someone’s life, which is why it’s easy to forget that entering into a marriage is a legal contract with several severe stipulations attached. No one wants to believe their happy ending won’t pan out in their favor, but the reality is, there is always a chance that either one or both of you may feel the need to terminate the marriage. In the case of that happening, there are certain precautions to take in order to protect your assets, protect yourself, and protect your family from dealing with a long and complicated process.
In this day and age, prenuptial and postnuptial agreements no longer hold the same taboo they once did. They are simply legal documents that allow you to protect your assets and have become more common than you may think--making them a very necessary precaution. Pre- and postnuptial agreements aren’t only for the rich and famous, and there are more reasons for them than you may realize.
The following are factors that may be cause for a prenuptial or postnuptial agreement:
- Prior marriage
- Children with someone other than future spouse
- Dual-income household
- Significant difference in earning power
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 pre- or postnuptial agreement will actually supersede your will when the two conflict.
To ensure your wishes are protected after you pass, contact our experienced McKinney prenuptial agreement attorney at The Willingham Law Firm, PC 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.
Determining What Property You Can Pass On
Most prenuptial agreements dictate which spouse owns what in a marriage, while also stating 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 postnuptial 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.
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