QUESTION
Does a pre-nuptial override beneficiaries?
Asked on Oct 14th, 2014 on Estate Planning - California
More details to this question:
My husband and I have a prenuptial agreement that excludes me from ownership our family home in the event of divorce or death. My husband does not have a will, but has put me on his bank accounts as a beneficiary after we were wed. He believes that all his money will go to me should he die, but I think it would go to Probate and his estate would go to his heirs or siblings because he did not create a will stating otherwise. Who is correct?
4 ANSWERS
Edwin K. Niles
If the home is in his name alone, yes, his estate would have to go through probate, and would go to his closest relatives. If they knew about the pre-nup, they could object to you getting any part of the home. Sounds as if you two need to talk to an estate-planning lawyer.
Answered on Oct 15th, 2014 at 5:48 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You may be on his account, but does the account say pay on death to you? Not just as a joint tenant. Your husband is advised to obtain the services of a probate trust attorney to have a estate plan trust prepared, with other supporting documents, such as a pour over will to back up the trust. Both documents would name you as the beneficiary. And if you have any real estate, personal property, then those assets should be transferred into the trust, as well as other assets.
Answered on Oct 15th, 2014 at 5:44 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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1. All the bank accounts will go to you, so he is right. 2. The house presumably will go to his heirs, but be sure you consult a lawyer BEFORE moving out. Also, depending on what it says in the prenup, you may be entitled to serve as administrator (and be compensated for that).
Answered on Oct 15th, 2014 at 5:40 PM
2 Awards
Beneficiary designations control over all else.
Answered on Oct 15th, 2014 at 5:38 PM