Legal Question in Wills and Trusts in Florida

Depends on what the prenup says. If all goes to you as long as you remain faithful, etc. or all to you after five years of marriage etc. - really need to see it. Prenups are for the spouse, not so sure about children.

Assuming the term "proper Prenuptial" means a valid enforceable agreement, your scutiny on the Pre Nuptial agreement should be directed to several specifics:

Pay close attention to whether the words incorporate waiver of: spouse's elective share; homestead rights; family allowance; exempt property, since the Florida statutes may still permit certain rights to the spouse for the family allowance and exemptions set forth under the probate laws if they were not properly eliminated or waived under the agreement.

In addition, the rights of spouse to any wrongful death or accident claim are separate from the Nuptial rights or waivers, and a spouse could proceed directly to open the estate if none were opened (or re opend the same if prematurely closed ) needed and attempt to file suit against a negligent party who may have caused the death of the other spouse. Hope this helps some.