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Ellen
Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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I am getting married and want to protect my pre-marrital assets

Resolved Question:

I am getting married and want to protect my pre-marrital assets (home, car, pensions, retirement accounts/ ira's, bank accounts, ins policy) for my children. My intended spouse, lives in another state and has agreed that he does not want any entitlement to any of my pre-marital assets in the event of my death. Do I need to have pre-nup agreement executed, and can I do this in writing.   Do I need to go to an attorney to create this document? What is the general expected cost, etc.
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.
What state do you reside in?
Customer: replied 8 years ago.
I live in Tennesse, my intended spouse lives in Massachusette
Customer: replied 8 years ago.

I live in Tennessee, and my intended spouse lives in Massachusette

Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your information.


Both Tennessee and Massachusetts are known as an equitable distribution states. This means that assets owned prior to a marriage are considered separate property and not subject to division by the court in a divorce.


However, if you put your new spouse's name on the separate assets, they will become marital property subject to division and creditor claims of your spouse.


A prenuptial is useful to avoid later confusion or disagreement in the event of a divorce, death or creditor claim.


To be enforceable, prenuptial agreements must be entered into without fraud, duress, coercion or overreaching. A full disclosure of the spouses' property is required as well as representation by separate counsel. The prenuptial must have two witnesses and be notarized.

 

I hope that I have fully answered your question and the answer was helpful to you.


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Customer: replied 8 years ago.

What is the general cost of this type of service?

Expert:  Ellen replied 8 years ago.
Hello,

We do not draft documents. However, a local attorney would typically be anywhere from 1500 -5000.

Please CLICK ACCEPT so I can receive credit - Bonus = job well done.


If you have any additional questions that you would like me to assist you with, you can start your question off with: This question is for FLANDNYLAWYER.


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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