Legal Question in Family Law in Virginia
PreNup or Will takes precedence?
My Fiance and I are discussing the PreNuptual Agreement and I was wondering which would take precedence? He already has a will with a trust for his children and he will be revising it after the wedding to include me. Right now, the Prenup mentions 'divorce, separation, or death'. I am very confused. His lawyer says that the Will would take precedence.
Asked on 9/23/04, 3:00 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: PreNup or Will takes precedence?
I agree with his lawyer but if you're seriously considering a prenuptial agreement you yourself should have the advice of your own counsel to ensure that your rights are properly and fully protected.
Answered on 9/23/04, 8:28 pm