Prenuptial agreement & getting disinherited from partners will.

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My question pertains to MA law. Can my to-be spouse disinherit me from his will (in event of death) if we get a prenuptial agreement that says so? Or can a surviving spouse get the will waived and get a share?

3 Attorney Answers

Best Answer
He can disinherit with or without a prenuptial, it is just a question of whether your state probate law allows a spouse to elect against the will. Get with an experienced local family law attorney and discuss this -- also, you are going to marry this person under these types of circumstances?
Best Answer
You can waive your marital rights to your spouse's estate in the event of his or her death in a prenup. However, the prenup must still be fair and reasonable. It cannot strip you of all of the benefits of marriage and cannot leave you destitute upon a termination of the marriage.
Best Answer
My question is what are the assets that your fiancé is proposing to keep you from sharing in the event of his death? If you are not certain of the financial picture, you cannot make an informed decision. I recommend that you consult with a family law attorney to review the prenuptial agreement (if there is one already) prior to signing and get your questions answered. You may also want to ask your fiancé' if there is an existing estate plan and how you would handle estate planning as a couple once you are married or prior to the wedding.

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