Full question:
After we complete the prenuptual agreement, where do we submit and/or get both our signatures notarized to make this a legal document? Do we then need to file this document with anyone or just hold onto it ourselves? If my fiance completes a Will through this services, where does he submit it to make it a legal document? We both have daughters from previous marriages; if their other parent were to die, would the daughters be responsible in any way for debt that parent incurred?
- Category: Marriage
- Subcategory: Premarital Agreements
- Date:
- State: National
Answer:
After signing, witnessing, and notarizing your prenuptial agreement, you do not need to file it to make it legal. While some areas may allow filing, the rules vary by location. It's best to contact your local probate court or land recorder's office for guidance.
For a will, similar to the prenuptial agreement, filing is not required for it to be valid. However, checking with your local probate court can provide clarity on any specific requirements.
Regarding debts, a deceased parent's debts are typically paid from their estate's assets. Children are not responsible for their parent's debts unless they co-signed or are otherwise legally tied to the debt. In community property states, spouses may be liable for certain debts, depending on when the debt was incurred and other factors. After debts are settled, remaining assets are distributed to the beneficiaries named in the will. If a child inherits property that has a debt, such as a car or house, they will inherit the debt along with the property. If the estate lacks sufficient funds to cover debts, unsecured debts, like credit card debt, may not be paid.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.