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pre nup

secondwife1234's picture

Those that have done a pre nup, what is appropriate for staggering the etsate of the will during a course of a marriage? Ex: 1 year 5% of assets ? 5 years 20 % of assets? 50% ? There are  adult children on both sides that are all succussful. Is there a rule of thumb?

notarelative's picture

There's no rule of thumb. It's whatever the parties agree upon. Ours is pretty simple (even though it's pages long). Property before marriage is separate. Property after marriage goes to the spouse (and upon the spouse's death divided among children of both marriages). And it said that after the marriage we would draft wills to reflect the prenup.

As CajunMom said, use two attorneys. You want your attorney to look out for you. The attorney may point out something you never thought of. Our wills were done by separate attorneys -  the attorney that each of us used for the prenup.

 

justmakingthebest's picture

Our prenup didn't cover any of that. It was about each of us protecting ourselves in the event of divorce. Our wills and life insurance policies dictate our estate. We have always had 100% going to the surviving spouse. If we die in an accident together my children inherit my life insurance, his kids get his and our home will be divided among the 4. 

IDontCare3117's picture

You're asking the same question, just using different phrasing.  The question is essentially, "How can I get my hands on as much of my SO's money as possible."

Perhaps your SO should get, oh, DIVORCED before you start talking pre-nups and wills.  

justmakingthebest's picture

Yeah... I feel like her SO should be worried with the obsession with his death and what she wants to be entitled to...