Legal Questions

Kitty27 · Mar 17, 2013

Hello,all!

For all the legal experts,I have a couple of questions.

1.If a couple had a prenup,but the husband dies while they are still married, would the prenup still be valid?

2.Could the wife change the will to leave her everything?

3.Say the husband had a will that left trust funds for the kids and the rest to the wife, could his death somehow invalidate the kids trust funds? Is there some legal loophole the wife could exploit? Would his children be able to mount a legal challenge in court?

4. Say the will was in the process of being changed while he was still alive,but left incomplete because he died,what would happen to his estate and the prenup?

My story is set in Georgia. I have a nefarious and ruthless trophy wife plotting murder in my WIP and want to get the legal stuff right. Any responses/references would be greatly appreciated!

Thanks in advance!

cornflake · Mar 17, 2013

Kitty27 said:
Hello,all!

For all the legal experts,I have a couple of questions.

1.If a couple had a prenup,but the husband dies while they are still married, would the prenup still be valid?

It can, it depends on how it's written.

2.Could the wife change the will to leave her everything?

Goodness no. Unless you mean is it possible for someone to stealthily commit fraud or to convince someone incapacitated to change something in his or her will, which then yes - if you mean can she legally change someone else's will, no.

3.Say the husband had a will that left trust funds for the kids and the rest to the wife, could his death somehow invalidate the kids trust funds? Is there some legal loophole the wife could exploit? Would his children be able to mount a legal challenge in court?

I don't understand what you mean - if the trust funds are to be created based on the terms in the will how would his death, which is what would invoke the conditions of the will, invalidate the trust funds?

4. Say the will was in the process of being changed while he was still alive,but left incomplete because he died,what would happen to his estate and the prenup?

The prenup wouldn't change, presumably. Also presumably whatever was in the previous will or in the latest version at the time of his death, if it was valid, signed, whatever, would be in force.

My story is set in Georgia. I have a nefarious and ruthless trophy wife plotting murder in my WIP and want to get the legal stuff right. Any responses/references would be greatly appreciated!

Thanks in advance!

I'm not sure what you're looking to have happen exactly?

Kitty27 · Mar 17, 2013

cornflake said:
I'm not sure what you're looking to have happen exactly?

Thanks for answering!

I'm basically looking for her to somehow switch things up where he leaves her everything. Maybe a legal loophole that somehow invalidates the will and its terms?

Pj Little · Mar 17, 2013

Generally speaking, a prenup may apply to a situation of divorce or separation. It is not a Will. To effect the prenup or set it in motion certain things must happen to cause it. .

In most states when a spouse dies the surviving spouse inherits a portion of the estate as do the children -- after all expenses are paid. Many states today are 50/50. Without a prenup you cannot divorce and leave the spouse and parent of your natural children penniless.

If there is tons of money a lawyer and Will is sure to be very nearby. Every state is different. Anyone can contest a Will. unless it contains a "no-contest" clause. There is nothing like greedy adult kids contesting daddy's Will.

Emotions run high when parents and natural children die - expecially when it is unexpected.

Cathy C · Mar 18, 2013

But there's nothing saying the wife couldn't produce a later Will that overturns the one with the trust for the kids. That also happens all the time. Have the Will witnessed by people not known to the kids, in a different town, and you've got an epic legal battle on your hands to prove the new Will was forged.

jclarkdawe · Mar 18, 2013

1. How old are the children? That makes a big difference.

2. How important and dominant is the will issue in your book? Is this part of the back story or is it the story? The level of response here needs to be based upon how much of the information is going to be critical to your story.

There have been quite a few massive legal battles over this situation. Results are all over the place.

Best of luck,

Jim Clark-Dawe

Kitty27 · Mar 19, 2013

Pj Little said:
Generally speaking, a prenup may apply to a situation of divorce or separation. It is not a Will. To effect the prenup or set it in motion certain things must happen to cause it. .

In most states when a spouse dies the surviving spouse inherits a portion of the estate as do the children -- after all expenses are paid. Many states today are 50/50. Without a prenup you cannot divorce and leave the spouse and parent of your natural children penniless.

If there is tons of money a lawyer and Will is sure to be very nearby. Every state is different. Anyone can contest a Will. unless it contains a "no-contest" clause. There is nothing like greedy adult kids contesting daddy's Will.

Emotions run high when parents and natural children die - expecially when it is unexpected.

Thanks so much! I won't off the kids,lol. You are giving me ideas!

Cathy C said:
But there's nothing saying the wife couldn't produce a later Will that overturns the one with the trust for the kids. That also happens all the time. Have the Will witnessed by people not known to the kids, in a different town, and you've got an epic legal battle on your hands to prove the new Will was forged.

Cathy,I like you. This is perfect!

jclarkdawe said:
1. How old are the children? That makes a big difference.

2. How important and dominant is the will issue in your book? Is this part of the back story or is it the story? The level of response here needs to be based upon how much of the information is going to be critical to your story.

There have been quite a few massive legal battles over this situation. Results are all over the place.

Best of luck,

Jim Clark-Dawe

Hi,Jim!

The kids are 19 and 20. It's very important,as the original will gives her a settlement,but leaves the majority of the money to the kids.

Legal Questions

Kitty27

So Goth That I Was Born Black

cornflake

practical experience, FTW

Kitty27

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Pj Little

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Cathy C

Ooo! Shiny new cover!

jclarkdawe

Feeling lucky, Query?

Kitty27

So Goth That I Was Born Black