Elder Law Lawyer: Prenups Harm You Even After Spouse Dies
You wouldn’t think I’d need to deal with a lot of pre- and post-nuptial agreements in my work as an Elder Law lawyer, but what many people don’t realize is that the rights you give up in a prenup don’t come back just because your spouse passes away.
This means that if your husband or wife dies, you may not have any right to their money, their house, or any other property that was in their name. If the only documentation you have that refers to your marital rights is that pre- or post-nuptial agreement, you’re going to have a difficult time getting anything—even if your spouse verbally agreed to give you more rights.
The law says that the information contained in the prenup and his or her Florida Will has to be considered first, which is why it’s so important to put everything down in writing.
Get It in Writing, Says Elder Law Lawyer
People who complete prenups do so because they have concerns and want to feel protected by legal documentation, but when marriages last, their feelings often change and they want their spouse to be entitled to what they own. Unfortunately, a verbally expressed desire to change your rights isn’t the same as actually doing it.
Make sure that your spouse doesn’t put off any intended changes to their Florida Will or you could find yourself high and dry. As soon as he or she decides to alter your rights and increase what you are entitled to, set up an appointment with an Elder Law lawyer and make it legally binding.