I have meet a new lady since my first wife's death I am consedering marrage there is quite an age difference between us I hope she wants me for my love not just a divorce so she can get material things
Obtaining a prenuptial agreement is the only safe way to protect yourself. If she is marying you for love and not money, a prenuptial agreement shouldn't be an impediment to your marriage. They are generally not expensive to obtain and provide dramatic protections in case of divorce or death.
Jeff B. Skoubye
"Your Business & Estate Planning Resource"
Olsen Skoubye & Nielson, LLC
Attorneys at Law
999 Murray Holladay Road, Suite 200
Salt Lake City, Utah 84117
(801) 365-1030 (Main Line)
(801) 365-1012 (Direct Line)
(801) 365-1031 (Fax)
Information found on this web site is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site or via email. Olsen Skoubye & Nielson, LLC nor any of its attorneys will undertake representation of a client without the client first signing a written retainer and representation agreement.
I agree with Attorney Skoubye. You should also set up or revise all of your estate planning, in the event that you get married. That will clarify your intent. The pre-nup deals primarily with what happens in the event of a divorce. The concerns are related, but not the same, in the event of a death. Most good pre-nuptial agreements allow you to "bypass" the provisions of the pre-nup in your estate planning documents. Whether you want to provide for your bride or not, you should clarify this by signing new documents. You will especially want to sign General Durable Power of Attorney forms for health care and financial matters. This will state who you want to be in charge of taking care of you and your financial affairs, if you ever become incapacitated.
Best wishes to you on your relationship! I hope that it is a blessing to you both!
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
To add to what Jeff and James have stated, in Utah if there is no other planning (a will or properly funded trust) the surviving spouse is entitled to all or a portion of your estate. Whether it is all or a portion depends on whether or not you have children from another relationship.
If you have planning in place your spouse will be entitled to the greater of what is provided for in your planning or what she would be entitled to by law (elective share). Therefore, in Utah it is vital to have a pre- or post-nuptial agreement in conjunction with other good estate planning. A pre-nup is usually better than and easier to obtain than a post-nup. Trust based planning usually makes a lot of sense in these situations as well.
Best of luck.
The above comment is general information only and IS NOT LEGAL ADVICE and does not create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. If your question concerns an Estate Planning, Asset Protection Planning, Business Planning, Probate or Administration matter governed by the laws of the State of Utah, Idaho or Arizona, please contact me for personalized service: [email protected], (435) 753-2335.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline