Legal Question in Family Law in California

Re: Prenuptial Agreements

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that it depends on where the property is located, where the prenup is executed, and where the two of you are residing when you die (i.e., California or Georgia).

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Prenuptial Agreements

What you want to give him is a "life estate" effective upon your death, which would entitle him to stay there until he died, at which time it would go to whoever is named next. It can be put in the pre-nup, but also needs to be put in a will or some other type of estate planning device.

Re: Prenuptial Agreements

You can never have too much documentation to carry out your wishes especially after you have left this world. I recommend you include your wishes in both your pre-nup. and your will.

Thanks for taking the time to inquire.

Martin