Legal Question in Family Law in California

Pre-nup Enforcement Before Divorce is Finalized

Hi,

I signed a prenup agreement which stated that in the event of my husband' s

death, I would be entitled to 90% of his estate, life insurance...etc. The pre-

nup also stated that he would have to draw up a new will /trust to reflect this

within 30 days of the signing.

A new Will was made that gave me all of his estate, and a Trust was set up

naming me the executor of his estate with the power of attorney to make

medical decisions on his behalf, if he was no longer able to...etc - as per the

pre-nup.

We were married for approximately 3 years and I filed for divorce around 6

months ago. We have a settlement conference coming up, but it is again

being delayed because my husband had an emergency procedure done and

is currently in the hospital.

We are still legally husband and wife and my understanding is that the pre-

nup is still enforceable while we are still ''legally'' married - which we are.

I know that he changed his will and trust since I filed for divorce - how legal

is that, since there is still a pre-nup?

What will happen in the event of his death, if we are not legally divorced?

Thank you,

--name removed--


Asked on 3/20/06, 1:56 am

1 Answer from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Pre-nup Enforcement Before Divorce is Finalized

The answers to your questions are based in the documents, and they would have to be reviewed before a meaningful opinion could be expressed.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 3/20/06, 11:03 am


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