Help! How do you reconcile a prenuptial agreement and a surviving spouse's rights under intestacy law?

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Ariana215

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Help! How do you reconcile a prenuptial agreement and a surviving spouse's rights under intestacy law?

Post by Ariana215 » Tue May 05, 2020 4:42 pm

How do you reconcile a prenuptial agreement and a surviving spouse's rights under intestacy law?

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cavalier1138

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Re: Help! How do you reconcile a prenuptial agreement and a surviving spouse's rights under intestacy law?

Post by cavalier1138 » Tue May 05, 2020 4:55 pm

What's the context for this question?

Are you a law student trying to understand a specific family/property law concept? Are you trying to cheat on an exam? Are you seeking legal advice?

Two out of three of those aren't allowed here.

Ariana215

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Re: Help! How do you reconcile a prenuptial agreement and a surviving spouse's rights under intestacy law?

Post by Ariana215 » Tue May 05, 2020 8:16 pm

The first, just looking for an understanding to the question. No exam.

dvlthndr

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Re: Help! How do you reconcile a prenuptial agreement and a surviving spouse's rights under intestacy law?

Post by dvlthndr » Wed May 06, 2020 2:51 am

Intestacy implies that there was no will. It’s a default. In most states, it all goes to the wife (or, less commonly, gets divided between wife and kids).

A prenup agreement is not a will, and it doesn’t go through the formalities that would normally go into a will. It might depend on the state, but my guess would be the whole probate process is still controlled by the intestacy rules. If the prenup has something in there about things you were supposed to put in a will, the remedy would probably be a breach of contract against the estate.

You should talk to somebody that actually practices family/estate law if you want a real answer.

The Lsat Airbender

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Re: Help! How do you reconcile a prenuptial agreement and a surviving spouse's rights under intestacy law?

Post by The Lsat Airbender » Thu May 07, 2020 2:32 pm

Ariana215 wrote:The first, just looking for an understanding to the question. No exam.
Are you contemplating murdering your husband?

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