Brandon, FL asked in Family Law for Florida

Q: My husband and I have a prenup ( that he wanted me to sign 4 days before we got married)

and long story short in the prenup what's mine is mine and what's his is his. He recently put me on the deed of his house ( the one we currently live in) however our prenup says that if I die before my husband, he will be getting a certain amount of $$$ from my estate. How do I avoid for him to get my part of the house if I die, as I would like to leave it to our 2 children ( one is ours together and I have another son from previous marriage)? It sounds like a prenup supersedes a trust and I was wondering if there are other way I could leave my part of the house to the children

Related Topics:
2 Lawyer Answers
Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: This is serious. You should not signed the prenuptial agreement 4 days before you marry. You should have the prenuptial agreement reviewed. This is not a matter that should be taken so lightly that you expect it to be resolved by question and answer session.

Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You need to look carefully at the deed to the house and how it is titled. If it is tenancy bu the entireties then he will get the house if you die first and likewise you will get the house if he dies first. A specific dollar amount owed per the prenup will be enforceable regardless of how the house is titled. I agree with my colleague that these are complex issues that should be discussed in person with a family local lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.