Marital Agreements
Arapahoe County Estate Planning Attorney
Marital agreements (also known as premarital agreements and prenuptial
agreements) typically become important under the following legal circumstances:
in the event of divorce, in trust settlement and with
probate proceedings. When a married couple has a prenuptial agreement in place
they can be secure in knowing that the decisions they have made together
regarding the distribution of their assets will be enforced, even if they
pass away. If a married couple does not have a marital agreement in place,
state and federal law can interfere with their intentions. However, this
will not occur when the couple creates and signs a marital agreement,
either before or after the marriage.
A marital agreement clearly outlines the agreement of each spouse to the
rights they have in the other spouse's property; when one spouse dies,
a properly drafted marital agreement will supersede state law and will
ensure that the surviving spouse and the estate of the deceased spouse
(often including children from prior marriages) will each enjoy the benefits
that the couple agreed to ahead of time. If your spouse has recently passed
away and you have a martial agreement in place, do not hesitate to contact
The Law Office of Steven R. Owens, P.C.
In addition, it is not uncommon for the couple to establish a
trust in connection with the marital agreement in order to protect each party's
assets. With a trust in place, when one spouse dies, the trust and marital
agreement will ensure that the couple's wishes are respected.
When a spouse dies intestate (without a will) but has a marital agreement,
then the probate court will distribute the assets according to the terms
outlined in the prenuptial agreement.
We Can Help You
If you would like to ensure that you and your spouse agree on and control
the distribution of your respective assets, and are not at the mercy of
state law, you will want to create a marital agreement and you should
call the Arapahoe County
estate planning attorney from our firm today at (303) 536-5579!