Wildlands Restoration Volunteers

Prenuptial Agreement Vs Will

There are a few events that would offset the legal advantages of a marriage contract over a will. Below are some situations where the marriage contract does not take precedence over a will. Similarly, these agreements set financial distributions in the event of the death of a spouse. This is especially important for couples with children from previous marriages. However, marriage contracts come into full force and are valid at the time of the beginning of the marriage. They dictate the distribution of pre-marital property in the event of divorce, but they also dictate the distribution of pre-marital property in the event of the death of one of the parties. Since a marriage contract allows the parties to enter into a contract that goes beyond the legal scope of a will, a marriage contract can reinforce a subsequent will. Thus, marriage contracts and wills can be used to reinforce each other, or sometimes one can take precedence over the other. A marriage contract can be used to distribute the estate if a partner dies intestate. Intestacy is if a person dies without a will or estate plan or if the will they made was later invalidated. In most cases, when a person dies intestate, the probate court applies the applicable state law to decide on the division of his or her property. However, since the marriage contract is a contract relating to the property of the person and concluded during the lifetime of the deceased, the court may use the marriage contract to distribute the property of the deceased. Divorce is often considered one of the most traumatic events in a person`s life.

However, if you can handle the financial details quickly and by mutual agreement after deciding to part ways, it can take some of the pain out of the process…