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I live in the state of Florida and I am curious about how legal documents stand in the courts and which is stronger than the next. My parents have a prenuptial agreement and now my step father is trying to write in his Will that he wants the Prenuptial agreement to be null and void. Can he do this without my mother's agreement? Is a prenuptial agreement stronger than a will or not? In the prenup it states that after 5 years, in the case of death, my mother is entitled to everything and now he wants his will to make it null and void and give her nothing, (they have been married over 5 years now) can he do this? I'm trying to do some pre-investigation for my mom before hiring a lawyer and anyone who knows the laws in Florida could be a great help. Can a man screw a women behind her back and leave her with nothing?

2007-12-20 05:05:39 · 5 answers · asked by SROCK 1 in Family & Relationships Marriage & Divorce

5 answers

I would assume that they are still married? If so she would have legal claim to a minimum of what is stated in the prenup. In most states however even if there is a will involved, she would be entitled to 50% if no prenup exists.

2007-12-20 05:10:27 · answer #1 · answered by IH8TomBrady 3 · 0 0

You cannot Will another legal document null and void. The document in question needs to be amended or dissolved. Your step-father can certainly put whatever he wants in his will, although since he will most likely have his attorney draw up the document I'm sure there will be a conversation about the legality of it before his attorney agrees to anything. If 2 legal documents are in opposition to each other, I'm not sure what the courts consider (date, type of contract, etc) in determining which takes precedence but as long as the pre-nup was entered into in good faith I don't think your step father can simply change his mind and put in his Will that "oh, by the way I changed my mind about giving my wife everything when I die."

However, this is just a guess based on what seems logical. You're much better off talking to an attorney.

2007-12-20 05:18:41 · answer #2 · answered by QT_Pie 5 · 1 1

The will is stronger but one cannot use a will to over ride another legal document as a pre nup. The will divides property as to his wishes upon death where as a pre nup divides property previous owed before marriage as per wises of both parties. So the most the will can do now is assign a certain piece of property to a certain owner, not make the pre nup null and void. So the most he can do is will his property to someone upon his death but you can bet this one would be sure to end up being tested in courts before any property is divided

2007-12-20 05:20:17 · answer #3 · answered by Arthur W 7 · 1 1

I found this but you need to check into it further...

"Most states include a provision in their probate laws preventing one spouse from completely disinheriting the surviving spouse. These laws usually give the surviving spouse the right to elect against what was provided in the will and instead takes a set percentage of the deceased spouse's assets. Typically, the elective share is one-half or one-third of the estate Unified Probate Code Sec. 2-201, 8 U.L.A. 74 (1983). "

2007-12-20 05:23:26 · answer #4 · answered by az_mommma 6 · 0 1

It's his money, and he can do whatever he likes with it.

2007-12-20 05:12:36 · answer #5 · answered by letterstoheather 7 · 0 1

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