I was married for 45 years. I am a widow getting married. I have a will in place, and have my retirement accounts, savings, a home in California, and other arrangements in my will, left to my family.
Yes. Your Will does not trump your spouse's rights to an equitable property division if you end up divorcing (this is the Oregon standard). Your premarital property, although not automatically presumed joint, can be considered by a divorce court and divided. You should protect yourself with a prenuptial agreement.
The two documents serve different purposes. A Will directs and controls the distribution of your property to anyone upon your death. A prenuptial agreement controls the distribution of your property to your spouse should there be a divorce. A prenupt does nothing in regards to your property being distributed to anyone except your spouse or to anyone, even your spouse, upon your death. All in all, you should simply review everything with a local attorney to best determine your course of action. Good luck.
A will only provides for the disposition of your property if you die, and under Oregon law, your future spouse can make an election against your will if it doesn't provide for him. You will does absolutely nothing to protect you if you get divorced. You will truly regret getting married without a prenuptial agreement. They are relatively inexpensive and easy to do and they can really save you if your marriage plans don't work out. Furthermore, a prenuptial agreement can be amended or revoked later, if you don't like the way it is set up. Conversely, if you don't get a prenuptial agreement, you can't change your mind later. It's all or nothing in terms of getting a prenuptial agreement PRIOR to getting married. GET THE PRENUP!
