Legal Question in Wills and Trusts in Florida

Pre-nup and will
My husband and I got a pre-nap before we got married. I have a 6years old and He has no children of his own. We both came into the marriage with debts and assets. We stated that we are not responsible for any previous debts and we are only responsible for debts that have both our names on it. In my will I leave all my assets for my six years old son including my life insurance I have before I got married and my son was already the beneficiary. The will was written after I got married. My question is that upon my death can my husband overturn my will and be entitled to my house that we are currently living together in because I have homestead on the property. And if this is the case what can I do to prevent that?

Asked on 9/02/08, 12:41 pm

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

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Re: Pre-nup and will

If the pre-nup was properly drafted and executed, you should be okay. However, your question cannot be answered more definitely without reviewing the document. You need to make sure that there is an original of the document available at your death, or you could record it with the Clerk of Court in your county now.

Answered on 9/02/08, 8:40 pm

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