In the pre-nup she was denied access to all of his properties and money earned from said properties. Now that he has died, can she control his properties and earn money from them.
A nuptial agreement removes legal rights that a spouse would otherwise have (i.e. not to be disinherited). However, the nuptial does not preclude naming the spouse in the estate plan. For example, many 2nd marriages enter with a nuptial agreement. Once the spouses have been married for many years, the protection of the children from the first marriage often become secondary or at least equal to protection of a long-term second marriage spouse.
Talk to an attorney and have him/her advise you about your rights under the trust agreement.
A prenuptial agreement if properly drafted and followed should protect your family. However, your father could have been more genereous than the agreement required and that is usually permissible under the agreement. Make sure there was no undue influence or duress if this was the case. You need to have this agreement and the situation reviewed by an estate attorney to be sure of where your family stands.
Your dad's will once probated is a matter of public record. The step mom's will is a private document that you have no right to see.
Hope this helps.
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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website for more tax, estate and business articles is www.sjfpc.com
LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
In order to properly answer your question, an attorney would need to review both the prenuptial agreement and the trust. It is possible for a person to be more generous than what was originally stated in a pre or post-nuptial agreement. Circumstances often change over time and something that was once a concern of the person requesting a prenuptial may no longer be a concern.
Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. www.ferraezlucas.com The information provided is for educational purposes and not intended to provide legal advice or to create an attorney client relationship. Please contact me at adam.yourlawpro.com or call my office should you like to discuss your Florida legal matter further.
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