Legal Question in Wills and Trusts in Maryland
prenuptial agreements
what are the laws concerning a prenuptial agreement in MD. Are they good forever or do they have to be updated. Also, if a will was written after the marriage and did not include the spouse, is it null and void?
3 Answers from Attorneys
Re: prenuptial agreements
Agreements, pre or post nuptial, may need to be reviewed. Ownership in property should be consistent with spousal expectation. Contact me to discuss your legal needs.
Re: prenuptial agreements
A prenuptial agreement is good for the duration of the marriage as long as it was executed before the marriage and as along as you both don't void the agreement. If a will was executed prior to the marriage, it does not become null and void but it should be updated since your circumstances have changed.
Re: prenuptial agreements
A Will, whether executed before or after the marriage is perfectly valid if it does not include the spouse. The spouse, however, would be entitled to disregard the Will and take his or her elective or statutory share -- a portion of the estate. In Maryland, this would be 1/3 of the estate if there are surviving children, or 1/2 if not.