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Prenuptial Agreements and Wills
A prenuptial agreement is a written contract created by two people before they are married. This contract usually lists all of property and debts each person has, and specifies what each person’s rights will be after the marriage. While prenuptial agreements are often written with divorce in mind, they can also be extremely important in the event one of the people dies.
It is generally not legal to disinherit your spouse. Trying to structure your will to prevent your spouse from inheriting part of your estate will not work. Depending on where you live, your spouse is usually entitled to 1/3 to 1/2 of your estate upon your death.
However, a prenuptial agreement can in effect serve to disinherit your spouse. An agreement that specifies what each spouse is entitled to in the event of a death is binding, and would allow you to disperse your property and assets to whomever you wished.
If you have questions about wills, disinheritance, or prenuptial agreements, you should consult with a lawyer. An experienced estate planning lawyer can let you know the relevant laws in your state and how they would affect you in different situations.
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