Legal Question in Wills and Trusts in New Jersey

Re: Prenuptuals and wills

A Will usually negates the prenumptual agreement, but any bequest can made contingent upon reasonable provisions (e.g., state that the bequest only applies if the person is still married to you and living with you as husband and wife at your date of death; otherwise the prenuptual remains in effect). Since the prenuptual is a contract, it can remain in effect and its terms remain applicable, depending upon the performance (i.e. marrying and remaining married).

Also, since a Will is revocable (i.e., it be changed at any time so long as you remain competent) it will only become effective as to the provisions that are in effect as of your date of incompetency to change ot or date of death. Therefore, the prenumptual remains in effect until you die, unless you have superceded it by a Will that can no longer be changed due to incompetency.

I also suggest having a very broad Power of Attorney in effect (durable, so it remains effective even if you become incompetent), with a person you trust well (other than your spouse) who can possibly change the Will if you should become incompetent or dispose of your assets during your lifetime in a manner you have specified, consistent with the prenuptual and the marital circumstances - (e.g., give them the right to make gifts before you die to persons you wish to inherit from you, if the terms of the prenuptual or your Will conditions for inheritance by your spouse do not remain in effect

Re: Prenuptuals and wills

I submitted a reply to your question and am not sure you received it. I suggested that you speak with an attorney I gave you information on how to contact me if you needed more information) to be sure that the action you take regarding the Will be written in a way to protect you in the event that after you wrote the Will the marriage did not work out and you wanted to be sure the prenuptual would remain in effect. Please confirm that you received my reply and contact me if you need any help in getting the proper documents in place.

Walter LeVine ([email protected])

Re: Prenuptuals and wills

Generally, in the pre-nuptial agreement you andyour spouse waive interests in the other's estate. In your will, you may do anything you want.

If, however, tyou make an agreement to leave certain bequests, things get more complicated.

I suggest you consult with an attorney to discuss yur particular issues.

Daniel Clement