My Spouse’s Will Is Different Than the Terms in Our Prenuptial Agreement. How Can I Receive My Rightful Inheritance?

A prenuptial agreement is a contract between two individuals that delineates what will happen to their assets if the couple divorces. Some also contain provisions about what will happen if one spouse dies. The latter is especially common if one or both spouses have children from prior relationships. In contrast, a Will is a document that describes how an individual would like their assets to be distributed after their death.

To prevent family discord and potential Will contests, the terms in your Will should match the terms in your prenuptial agreement. Unfortunately, that doesn’t always happen. Historically, if a Will and a prenuptial agreement in South Florida have conflicting terms, the Probate Courts often allow the prenuptial agreement to prevail. However, it’s important to remember that this does not always happen and each case is evaluated on its own merits.

If you discover that the terms in your deceased spouse’s Will differ from those in your prenuptial agreement, you will need to contact a probate litigation attorney. Your attorney will carefully review both documents and check to see:

• Were both documents properly executed? If one of the documents was not signed and dated, lacked witnesses, or had other technical errors, the remaining one would prevail.

• Did the prenuptial agreement contain a sunset clause? While most prenuptial agreements last the duration of the marriage, some include terms noting that they expire after the couple has been married for a specified amount of time. Your attorney will ensure that your prenuptial agreement is still in effect.

Your attorney will also investigate if the Will written while your spouse was incapacitated or under duress. If so, this would invalidate it, and your attorney will seek to prove this.

Your attorney will inform the attorney handling the probate for your spouse’s Will that you plan to contest it since it does not match the terms of your prenuptial agreement. At this point, the beneficiaries in your spouse’s Will may investigate your prenuptial agreement to try and prove that it was invalid and that the terms of the Will should prevail.

Will contests can take years to resolve, even if they are settled out of Court. The probate litigation attorneys at Huth, Pratt & Milhauser are experienced at winning complex litigation cases involving Will contests. We will expertly and compassionately guide you through the legal maze of fighting for the inheritance that your spouse intended for you. Contact us today to learn how our legal experts can help you.

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HPM is a specialized law firm that offers a wide range of legal services in the specialty areas
of Wills, Trusts, Estates, Probate and Guardianship for planning, administration, and litigation.
The experience and skills of our attorneys and staff, coupled with our knowledge of applicable
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