Legal Question in Wills and Trusts in California

Re: Prenuptial Agreement after 27 years

Mr. Sher's answer is valid for WA law, too. Here, a pre nup can be declared invalid for various reasons, but the mere passage of time is not generally one of the reasons.

Both CA and WA are community property states, and re-writing his trust to effectively disinherit her is not in accord with the common law or the statutes.

Hope that helps. Elizabeth Powell

Re: Prenuptial Agreement after 27 years

The prenup is valid if it is valid by its terms. Without reading the agreement I can't tell you more. If any assets are your dad's or community property will also depend upon the terms of the prenup. Also, the prenup may not be valid and your mom can and should consult an attorney who can best protect her interests.

Re: Prenuptial Agreement after 27 years

The prenuptial agreement does not become void because of the passage of time. But if your mother was not represented by counsel and your father was, or there was some other element of lack of equal standing or understanding in making the agreement, then it might never have been valid. Your would have to check with an attorney as to that.

In California, all property obtained during marriage by the use of community funds as opposed to money the individual had before marriage or inherits during the marriage, is considered community property. So unless your father used his separate money he had before they were married to buy the property and to make all the payments on it since, which is very doubtful, the property is community property and your mother is entitled to half of it.