Klenk Law

Does a Prenup cover what happens if I die during my marriage?

Posted on Mon Jun 20, 2016, on Prenups and Prenuptial Agreements

From our “Ask a Question” Mailbag: Do Prenups Address What Happens to my Things if I Die Married?

“I am planning to get married in Philadelphia next year. So, if I get a prenup, will it address who gets my things if I die married?”

A Prenup Agreement Can Cover What Happens If You Die During the Marriage.

Though it does not have to cover this contingency, a prenup agreement (part of every good estate plan) should certainly include what rights and obligations your fiancé and you wish to cement should one of you die. Without a prenup, your surviving spouse is entitled to claim a portion of your assets. This is true no matter what your Will may say. If you die without a Will, your spouse also has the right to serve as the estate’s “Administrator.”  The Administrator has the power to sell assets and determine who receives specific personal property. It is better to spell out what rights the surviving spouse will and will not have. Remember, if the marriage lasts you can agree to update a prenup.

A Prenup Agreement Can Cover What Happens if You Divorce.

A thorough prenuptial agreement addresses not only what happens at your death, but also what happens if you divorce.  Typical subjects are alimony and the division of marital property.  Discuss these subjects.  Now is the time to sort out any disagreements.  Also, draft the prenuptial agreement recognizing that life brings changes.  Plan to review your prenup regularly.  A regular review provides a forum to address life changes.  Typical changes include the arrival of children and expenditures of one person’s money on big purchases.

A Prenuptial Agreement is part of Asset Protection. See my website for more information about Asset Protection.

 A Marital Property List, Part of Every Prenup Agreement.

The Agreement should also clearly state what property belongs to each spouse and which assets are marital property.  Marital properties are assets divided at divorce.  Separate property is property belonging to one spouse or the other.  Separate property is typically not divided at divorce.

Each Marriage is Different, Craft Your Prenup For Your Concerns.

Each relationship is different.  It pays to spend some time before the wedding to document your agreement.  Though this might seem unromantic, mutual respect is the foundation of a healthy relationship. Being able to speak about finances is a sign that you both respect and care for one another.

For more information, see my Article and answers to Standard Prenup Questions

Do Prenups Address What Happens to my Things if I Die Married? Yes, They Can!

In conclusion, in this Post, I tried to answer the question, “Do Prenups Address What Happens to my Things if I Die Married?”  So, let me know how I did, comments and questions are welcome!

Furthermore, I would be happy to answer your questions.  If you have any other matters for a Philadelphia Prenup Attorney about Philadelphia, PA Prenuptial Agreement terms, feel free to contact our office for a free consultation.  We try to make the process painless!

Wills, Trusts, Probate, and Estate Litigation…It’s All We Do!

Author, Peter Klenk, Esq.


Estate Planning, Pennsylvania, Philadelphia, Prenup, Prenup Attorney, Prenup Lawyer, Prenuptial Agreement, Prenuptial Agreement Attorney, Prenuptial Agreement Lawyer, Tatyana Gleyzer

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