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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) 499-9647 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

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.

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