Legal Question in Wills and Trusts in Tennessee

Will or Antenuptial ? Does one overide the other?

My father married in 1996 in Tennnessee. HE and his wife signed a antenuptial stating that his assests would stay with Him or his children and that her assets would go to her or her children in the event of divorce or death. Father had a will with this spouse but that will was changed in june 2004 (according to spouse). My Father was on medication used for patients with Alziemers, Blind, and almost deaf when he signed new will. His entire estate was left to his spouse and she is also executrix and power of attorney. Father dies in April 2005 ..spouse has not shown his children the will and has told me, that my father ''trusted her to divide things ups when she dies.'' I have my fathers original antenuptial agreement made with her. Does prenuptial override will ? What is valid..... The wishes of the antenuptial agreement or the will ?? Can I use the antenuptial in probate to force her to probate will ? The asset is my fathers home which does have her on the deed. This home was to be left to his 4 children.

any suggestions???


Asked on 5/13/05, 6:29 pm

3 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Will or Antenuptial ? Does one overide the other?

The devil is in the details. By that, I mean that you should consult with a local attorney who can review BOTH the pre-nup and the will. Only then can anyone give you firm advice. My best guess is that the pre-nup probably trumps the will.

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Answered on 5/14/05, 12:59 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Will or Antenuptial ? Does one overide the other?

This is actually a response to your second posting wherein you stated that her name is on the deed to the property. My response is the same: all the documents need to be reviewed.

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Answered on 5/14/05, 1:02 pm
Autry Jones Jones & Landers, Attorneys At Law

Re: Will or Antenuptial ? Does one overide the other?

I would add a bit of advise to that of Mr. Field. You need to act soon. If she has not offered to will for probate soon, I'd have my attorney file a petition to have you appointed as administrator forcing her to get of the pot. If she has offered the will for probate, go the county courthourse where the will has been offered and ask for copies of all the docuemnts in that case. Take them, and the prenup to the attorney you choose.

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Answered on 5/14/05, 3:22 pm


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