If a premarital agreement is signed after the marriage is it legal? Trust was signed after our marriage but lists diff date.

Asked almost 2 years ago - Temecula, CA

My husband and I were secretly married in 2011. Afterwards, we planned a wedding for the family's sake. The premarital agreement was signed after our 1st wedding but before the 2nd. It stipulates what I will receive in event of his death. A few months later his revocable trust was amended. It states I receive the same as is in premarital agreement. But the marriage date listed is that of the 2nd marriage. He died the next month. Are these documents valid in the state of California?

Additional information

Trustees are claiming premarital agreement is null and void since it was signed after the Dec 2011 marriage. Still, the trust is in place. But the date on the trust is that of the 2nd marriage. Will it stand up in court? I only want what my husband intended for me. Trustee is saying I deserve nothing.

Attorney answers (4)

  1. Bert Z. Tigerman

    Contributor Level 15

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    Answered . It is difficult to respond without reviewing the trust. If the "premarital" agreement recites (as they usually do) that the consideration is the ensuing marriage it may be that the premarital is no good; but, if the trust incorporates the premarital by reference the trust may prevail. You must consult a competent probate attorney to determine your rights.

    DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any... more
  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . My advise to you, if it makes a difference in the amounts you will received because of your husband's death, is to seek out the immediate advice from a probate lawyer in your area. Only an attorney who has reviewed the agreement and declaration of trust can advise you.

    If each agreement was executed with the required formalities each agreement will be “valid.” However, the devil is always in the details. The ambiguity you mention, or others, could result in a distribution under the trust different from what you believe was intended. So, it’s important you have a probate attorney review the documents and advise you. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Scott Richard Kaufman

    Contributor Level 20

    3

    Lawyers agree

    Answered . If it is signed after marriage it is not a pre marital agreement.

  4. Richard Forrest Gould-Saltman

    Contributor Level 19

    Answered . The "premarital" agreement wasn't really a premarital agreement, it was a POST-marital agreement, and the rules for enforcement are different. You need to speak to an EXPERIENCED EXPERT trusts/estates attorney to straighten this out.

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