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
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.
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.
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