Legal Question in Wills and Trusts in Florida

Re: Prenups & wills

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Prenups will control what will happen to a person's property in both a divorce and in the unfortunate event of death. The provisions of the prenup will override the general provisions of Florida law regarding the rights of a spouse to receive a spousal share from the other spouse's estate.

If a prenup is signed by the parties, the husband will have no right to take from the wife's estate unless she makes a gift to him in the will.

I strongly suggest that she consult with a qualified attorney who can advise her of her legal rights and obligations prior to entering into the prenup.

Scott R. Jay, Esq.

Re: Prenups & wills

She needs to make sure the pre-nup provides for the protection of assests in the event of death.

Re: Prenups & wills

1. Both

2. He would be entitled to his statutory share.