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If I have a will in place and remarry with a prenuptial agreement, so I have to re-execute my will?

If I have a will in place and remarry with a prenuptial agreement, so I have to re-execute my will?

Q: Does marriage override a living will?

Marriage does not override a living will. A living will, which outlines your medical preferences, remains valid after marriage. However, it's wise to review and possibly update your living will to reflect your current wishes and any changes in your circumstances after marriage.

Full question:

If you have a living will, marry, and prior to marriage you execute a premarital agreement, does my will have to be re-executed after marriage?

Category: Wills and Estates
Date: 04/07/2025
State: National

Answer:

There is a difference in a Will and a Living Will. For the Living Will, it would remain valid. For a Will, since you are now married you may want to update your Will.

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.

FAQs

Does a will take precedence over a prenuptial agreement?

Generally, a will and a prenuptial agreement serve different purposes. A will distributes your assets after death, while a prenuptial agreement outlines asset distribution during marriage or divorce. If there is a conflict, the terms of the prenuptial agreement may take precedence over the will regarding marital property. It's essential to ensure both documents are consistent to avoid legal disputes.

Does a will supersede marital property?

A will does not supersede marital property laws. In most states, marital property is jointly owned by spouses and is typically not distributed through a will. Instead, marital property is divided according to state law during divorce or upon death. It's important to understand how your state defines marital property to ensure your will aligns with these laws.

Does a will override a prenuptial agreement?

A will does not override a prenuptial agreement. The prenuptial agreement governs the distribution of assets during marriage or divorce, while a will addresses asset distribution after death. If there is a conflict, the prenuptial agreement usually prevails regarding marital property. It's advisable to review both documents to ensure they are compatible.

Does a will cancel out a prenup?

No, a will does not cancel out a prenuptial agreement. Each document serves its own purpose: a prenup manages assets during marriage or divorce, while a will dictates asset distribution after death. If the terms conflict, the prenup typically takes precedence regarding marital assets. Always consult a legal professional to ensure both documents align.

Does marriage override a living will?

Do prenups supersede wills?

Prenuptial agreements do not supersede wills; they address different issues. A prenup governs asset distribution during marriage or divorce, while a will directs asset distribution after death. If there is a conflict, the prenup may take precedence regarding marital property. It's crucial to ensure both documents are consistent to avoid confusion.