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The Impact of a Prenup on a Massachusetts Estate Plan

It used to be that people looked at premarital or prenuptial agreements in a negative light. They assumed it meant that the couple did not trust one another or that they simply did not think that there was any chance that the marriage was going to last. However, the reality is that these agreements can be most important when the marriage is ended by one person passing away.

Of course, the will does have a lot to do with how property is going to change hands in Worcester, Massachusetts, but a prenuptial agreement can come into the picture as well. In fact, language within it could specify which property the will has been drafted to apply to, ensuring that the surviving party will not have to sit back and watch as their belongings are given to the children that their spouse had from another marriage.

The nice thing about a premarital agreement is that, like a will, it is a legally-binding contract. It can lay out rules and regulations that have to be followed, allowing the person who passed away to have some say in what is done with what they owned, even after they are gone. It ensures, especially when a death is early and unexpected, that the steps taken are the ones that the person wanted to be taken, even if they did not have time to convey this, in person, to everyone involved.

When getting married at any age, it is important for those who are tying the knot to think about the legal ramifications of their actions and the estate plan that they want to use in the future, and they may find that a premarital agreement is an important part of that plan.

Source: Huffington Post, “A Premarital Agreement Primer,” June 26, 2014

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