Accepted Answer

Since the details are minimal, there are several things that I can tell you.

First, if there are any assets outside of the trust, then you may have rights to at least a portion of those.

Second, if the prenup was executed under duress or you weren't given an opportunity to hire a lawyer for an independant review of the agreement, then you may have a claim to set aside the prenup.

Third, most states have laws that, if a spouse is not given a certain percentage of the marital estate upon death of the other, the surviving souse may take an "elective share" of the marital estate -- usually 1/3 to 1/2. However, the prenup probably overrides the elective share situation.

Fourth, you may communicate your concern with your spouse that you were not adequately provided for and try to revise the prenup or have it dissolve over a period of time.

Fifth, you could hire a lawyer to review the prenup now to see if it would stand up after the death of your spouse.

If this information was responsive, kindly “ACCEPT” so that I may receive the appropriate credit for my time. If you are so inclined, bonuses and positive feedback are always appreciated. Of course, if you require further clarification, please post a reply. Thank you and good luck!

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Please note that I may not be licensed to practice law in your jurisdiction. As such, my above comments shall not be construed as legal advice and shall not be deemed to form an attorney-client relationship.