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Legal question: Pre-Nup and Will

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    Legal question: Pre-Nup and Will

    Suppose you have a prenup that specifically states:

    “The parties hereby stipulate that in the event both parties names are placed on an account that was separate property of one party at the time of this agreement, it is to be assumed that it is for management purposes only, and the account shall remain the property of the original owner or their estate.”

    You also have a will that says:

    “All joint accounts held by X and X shall be the property of X” (the wife) on my death.

    Situation:

    A man passes away in March. He had a pretty substantial estate and got remarried about 15yrs ago. They executed a prenup. My man still received his previous wife’s retirement and SS. He never touched it. He had his daughter on one of his bank accounts and his son on the account his previous wife’s money went into in case one of them needed to access a large chunk of cash if he was debilitated.

    The son ended up taking money so the man removed him from the account and added the new wife so she could get access.

    The man dies, the wife gets put in a home 2 weeks later, her kids empty the account (not a small sum) on the same day since her name was on the account.

    Does the will or the pre-nup take precedence?

    Asking for a friend….


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    #2
    Yikes. That’s a busy situation. Curious to see the responses.


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      #3
      Busy and expensive


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        #4
        These the folks trying to help themselves to the UTV and other tools?

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          #5
          The bank and the police are your starting points. DA’s office eventually.

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            #6
            I’d bet the will takes precedence since it was written later.

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              #7
              **** get a lawyer involved in this ASAP like yesterday.
              I assume there are other heirs that would be in line to the property or money?

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                #8
                Originally posted by Killer View Post
                **** get a lawyer involved in this ASAP like yesterday.
                I assume there are other heirs that would be in line to the property or money?

                Lawyer he been involved. It just takes weeks to feedback on each of these issues.


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                  #9
                  That's a mess, money makes people do strange (bad) things. Best of luck to you.

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                    #10
                    Not a lawyer by any mean, but I would venture a guess that whichever was signed last would take precedence in this specific instance.

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                      #11
                      how is wife paying for nursing home - any chance it was under medicaid that may try to recover some cost from the estate?

                      Also, how did the wife's kids get access to the accounts? that is not clear to me.

                      Of course i have not answered your questions but i don't follow. Sounds like the man had two kids, son was a deadbeat. wife has more kids? did they get a ruling from the court as a guardian? just because she goes into a home doesn't mean her kids should have access.

                      now i assume the husband's daughter wants what should have been excluded from the will via the pre-nup? context will help!

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                        #12
                        A will has to be probated to be binding - has this will been probated?
                        A will does not have any effect on 'non-probate' assets (life insurance contracts, POD accounts, etc.).
                        Way too many issues involved here for anyone other than an attorney looking at the documents to opine.

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                          #13
                          There is still a lot of info that would be needed. Manor in which the accounts were opened and held are big. Were they joint accounts, rights of survivorship, POD beneficiaries listed.....

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                            #14
                            Paging Early bird...someone needs a strong worded threat!
                            All bs in the corner I’m sorry your mom is still having to go through this crap


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                              #15
                              Maybe Woody Harrelson’s dad could help you out with these people, not sure he’s free right now though…

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