When someone passes away, they might have left a will or trust that stipulates how their assets are going to be distributed to their spouse, children, and other beneficiaries. What many people don’t know is that a prenuptial agreement can sometimes override a will or trust. In Georgia, how do prenups affect probate, and what happens when the prenuptial agreement conflicts with the terms established in the will or trust? Find out below.
How a Prenuptial Agreement Affects Probate
Under ordinary circumstances, the terms of a will or trust will determine how a decedent’s assets will be distributed to their beneficiaries, usually the spouse, children, close friends, and other family members. If the person left no will or trust, then the assets will be distributed according to state law, which is known as intestate succession.
However, a prenuptial agreement between the spouses can also determine how certain assets will be distributed following the death of a spouse. In some cases, the prenup will actually override the estate plan.
If the prenuptial agreements conflict with the will or trust, then legal complications are bound to arise, and a probate court may get involved.
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What if the Prenup Clashes with the Estate Plan?
There are instances when a prenuptial agreement clashes with the estate plan, whether the estate plan is established via a will or trust.
For example, the prenup might designate a piece of real estate or a certain amount of money to the spouse, but the estate plan designates those assets to the children instead.
When this type of situation occurs, it almost always results in legal challenges, which can be costly and emotionally draining, and often sees family members pitted against each other.
In many cases, an estate can be administered in about a year’s time (depending on the size and complexity of the estate). However, a legal clash between the prenuptial agreement and the estate plan may result in long delays.
Oftentimes, a probate court will require parties to such a disputes to attend mediation. If an agreement cannot be reached, the issue could be taken before a judge.
If you’re in the process of estate planning, know that the best way to avoid this kind of legal problem is to make sure that your prenuptial agreement and all of your estate documents are aligned with one another. Your estate planning attorney should take great care to ensure that your estate planning documents do not conflict with your prenuptial agreement.
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What To Do if You’re Dealing with an Estate Dispute
If you’re the beneficiary of a will or trust and you’re dealing with an estate dispute caused by a prenuptial agreement, then the best course of action is to speak with a fiduciary lawyer right away.
Fiduciary lawyers can review your case, help you understand the possible outcomes and resolutions, and help you choose the best path forward, which may include litigation or alternative dispute resolutions (ARDs).
Related Blog: Alternative Dispute Resolution: What Are My Options?
If you’re dealing with an estate dispute in Georgia, contact Gaslowitz Frankel to set up a consultation. Our legal team has decades of experience achieving strong results in estate disputes. We understand that estate litigation can be emotionally difficult, especially if you’re dealing with the loss of a loved one, and we can offer you legal guidance to help you get through this challenging time.
