Legal Question in Family Law in Texas

does a will supercede a premarital agreement

I signed a premarital agreement before my marriage. Shortly after the marriage my husband prepared a will which allows me more rights to property than the premarital agreement did. When he and/or I die does the Will supercede the premarital agreement? We have aquired property jointly since our marriage and the premarital agreement says that we cannot have joint interest in any property whether it was aquired before or after the marriage. I am concerned about my childrens rights if I were to die.


Asked on 12/15/05, 10:15 pm

1 Answer from Attorneys
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: does a will supercede a premarital agreement

I would address this problem with your husband and an attorney. If something was to happen to him your would not want an ugly will contest based on the pre-nup.

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Answered on 12/15/05, 10:47 pm


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