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

[Ariana215]

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

[cavalier1138]

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]

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

[dvlthndr]

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]

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

Are you contemplating murdering your husband?