Legal Question in Family Law in Texas

I created a very basic pre-nuptial agreement, in the agreement it states under Separate Property, the following property owned by either party shall remain and be their separate property, Waiver, both parties waive, release and relinquish any ownership or right to any property or monetary gifts acquired by either party by gift, devise, bequest or inheritance.

Will this be enough to protect my inheritance from parents.


Asked on 8/12/10, 8:45 am

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

I assume you purchased or found a form on-line. Now you are looking for free advice on-line.

If you want legal advice from a competent attorney in Texas, you need to sit down with an attorney an pay for it.

You pay for your dental work, your car to be fixed, your a/c to be repaired, etc.

Now you want free legal advice?

I don't do my own dental work and my dentist does not do his own legal work. My mechanic does not do his own legal work and I don't do my own car repairs.

If you want a consultation, email me at [email protected]. It's cheaper to talk to someone before there is a problem than to fix it later. Think of it is pre-marriage maintenance (like automobile maintenance).

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Answered on 8/17/10, 9:21 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that you found this language (or form) on line. Realize that use on-line forms will result in your practicing law on your own, which you are completely allowed to do pursuant to the Texas Rules. There are many ins and outs when dealing with pre and post nuptial agreements. You want to ensure that you are fully protecting your rights and interests and not risking things on some on-line form or language. You should consult with a local law firm regarding the language in a pre-nuptial agreement. If you want to talk about your specifics more in-depth, contact our law firm.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 8/17/10, 10:13 am


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