While many people think of prenuptial agreements as instruments used for protecting assets in the event of a divorce, they can also help to determine how property will be disbursed if either party dies. As parties cannot opine on the intent of certain provisions from the grave, it is critical that prenuptial agreements are drafted in a clear and precise manner so that they can be properly interpreted by the courts. A Florida court recently discussed the interpretation of prenuptial agreements in a case in which the wife and the children of the deceased husband disagreed as to the meaning of numerous provisions. If you are engaged and you have substantial assets, it is smart to speak to a knowledgeable Florida marital agreement attorney regarding your options for protecting your wealth.
The Terms of the Agreement
Allegedly, the husband and wife lived together for several years before they decided to wed. The husband briefly mentioned prenuptial agreements before they were engaged but did not mention them again until the day of the wedding. At that point, he demanded that the wife find and complete a prenuptial agreement which she did. The parties then signed the agreement in front of a notary public.
It is reported that the husband died without a will four years after the couple married. The wife sought, among other things, to have the home describe in paragraph two of the agreement to be the husband’s homestead subject to her election of one-half interest. The husband’s children argued that the provision only applied during the husband’s life and that the wife waived any interest in the home. Continue reading ›