Legal Question in Family Law in Pennsylvania
pre-nuptial clause meaning
My husband died recently. We had a pre-nuptial agreement but soon after we married we wrote void across it and dated it (I'm told that's not legal). We then wrote wills leaving everything to each other and then our children (this was a 2nd marriage) when we both died. Later, we put ALL OUR MONIES and everything we owned in WROS to each other.Therfore we didn't need to probate a will. A lawyer from NY told me (without seeing it) that the pre-nuptial agreement is still valid, which is frightening. A PA lawyer said the following clause makes it not valid. I need a 2nd opinion. ''Transfer Between Parties: Notwithstanding the provisions of this agreement, any other rights acquired by virtue of any transfer or conveyance of property by the parties to each other during their lifetime or by will upon their death, shall not be limited or restricted in any way''...Thank you
1 Answer from Attorneys
Re: pre-nuptial clause meaning
Prenups in PA are governed by contract law principals. Generally, they're written for the contigency that you and your late husband divorced. There's generally language to that effect. I agree with the PA lawyer, that last clause say to the effect that if we part on death this agreement doesn't have any effect.
The question is who would try to enforce the Pre-nup.
The only person who could enforce it against you is your husband now that he has passed it would be his estate. However, he had a will so that covers that.
Who do expect to be unhappy?
John A. Davidson
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