Q: My mom and step dad have a post nup on a house they purchased together, It addresses death of spouse and divorce.
Selling and splitting proceeds in divorce, and life estate for death, then sale and split proceeds to family.
But they have moved to assisted living and are selling the house. No mention of this possibility in post nup, so should proceeds be jointly held or split? Also prenup holds assests separately, but does not address death.
A:
Not seeing the actual post-nup, my response is limited to your narrative. The proceeds would be marital property. Husband and wife can agree on how they want to divide the proceeds. They could split it 50/50, 60/40 however they choose. Since there is nothing in the post-nup about moving to assisted living, I'd say they are open to do what they choose.
Regarding death, do the mom and step dad have a will? If they don't have a will, they should get one. Otherwise, how assets are handled would be in accordance with state law.
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