Legal Question in Wills and Trusts in New York

Pre-nup versus Will

I have two children from a former marriage. I have a Will with my children named as beneficiaries. My husband does not have a Will, but my husband and I signed a pre-nup in which my husband leaves a substantial amount of his assets to his nieces (he never had children of his own). In the event of his death would all his assets go to me, as his wife or would could the pre-nup be enforced? My husband's intent was that the pre-nup was enforceable only in the event of a divorce.


Asked on 3/31/08, 6:25 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Pre-nup versus Will

You would have to read the language in the agreement. Normally, a pre-nup has language for the spouse to waive his or her right of election. If that is the case, in the event of his death the pre-nup would be enforced and the assets would be distributed pursuant to the will and you would not have a right of election.

Mike.

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Answered on 4/01/08, 8:47 am


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