Legal Question in Family Law in Virginia

Re: The enforcement of a postnuptial agreement as a ''contract.''

It really depends on the agreement. Many say that obligations under the agreement are binding on the heirs, etc. You need to have an attorney look over the agreement in the light of what the surviving spouse has or has not done.

Re: The enforcement of a postnuptial agreement as a ''contract.''

The right of an heir or legatee of the decedent to the Pre-nup depend almost entirely upon whether the contract was drafted in such a format as to indicate the intent of the contracting parties was that the benefits be ASSIGNABLE. Generally, most are assignable. Example of the EXCEPTIONS would be rights which would have been exercised by the decedent as a trustee, executor,

cororate director, agent, etc.

Wayne Comer, Esq., Vienna, VA

Re: The enforcement of a postnuptial agreement as a ''contract.''

Only if there's money due the deceased person's

estate under the agreement.