Legal Question in Family Law in Arkansas
Premarital Agreement
When my father-in-law married his second wife in 1994, they signed a premarital agreement. Now, my father-in-law is dying of cancer, and only has a short time left. He & his wife do not have a joint checking account--the household bills are paid from his account. His wife would like to be able to sign her name to his checks, to take care of the utilities, in the event that my father-in-law becomes completely unable to do so (he still can, for now). My husband and I do not object to this, nor does the bank. My brother-in-law does, however, and he claims that his attorney told him that the premarital agreement prevents her from being able to do this. I believe my father-in-law's wife's motives are absolutely pure. My brother-in-law's are questionable. But is he right? Would a premarital agreement prevent her from being able to sign my father-in-law's checks, even if my father-in-law gives his permission? Can my father-in-law give his wife power of attorney if he chooses? Thank you for your time.
1 Answer from Attorneys
Re: Premarital Agreement
Providing your father-in-law is competent he can agree to amend or change the provisions of the pre-nup at any time. He may add his wife on the checking account and even give her joint ownership of the account if he so desires.
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