Does My Last Will and Testament Take Precedence Over My Premarital Agreement After My Death?

If the terms contained within a Last Will and Testament and a Premarital Agreement contradict each other, the Probate Court judge assigned to your estate case would decide upon the appropriate application of the two documents as they relate to the distribution of your assets after death.

Read more

Is a Premarital Agreement Legitimate If It Is Not Created by Attorneys Each Representing One of the Parties?

If the soon-to-be husband and wife are concerned about their individual assets entering into the premarital agreement process — or even if they are uncomfortable having financial discussions directly — then the couple should choose to secure individual legal counsel and have the attorneys “negotiate” the document.

(Certainly the bar association would recommend this; that keeps the lawyers working!)

Read more

Can I Use a Premarital Agreement to Protect My Future Spouse’s Credit Report from My Bad Debts?

Generally, a pre-nuptial agreement will not “protect” a future spouse from bad debts, as the premise is not correct. Debt incurred in one person’s name is that person’s debt alone. So regardless of the terms contained in a premarital agreement, the debts of one spouse do not become the debts of the married couple — … Read more