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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102143
Experience:  Fully licensed attorney in Texas in private practice.
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I am living in Texas. I am engaged to be married. My fiance

Customer Question

I am living in Texas. I am engaged to be married. My fiance wants me to sign a prenup. On the prenup it indicates I get nothing but the marital properties after we get married, but there will be a live estate that I would have to divide things with his kids upon his death. there will be a separate account for him. all assets, monies will only be his to do as he pleases. there will an account that we will mutually have for expenses to pay. I would be required to put money into it. He says he will make a will that would with survivors deed and I would be able to stay in the house if I wanted. will the will supercede the prenup
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: No, I am refusing to sign it. I do not trust what it says there. I feel like he is giving NO self worth of anything. My income is about 50K and I am retired. He makes comparable to that and he still works, and he owns about 10 house or so. I really do not know his assets other than he does have realestate investments
JA: Anything else you want the lawyer to know before I connect you?
Customer: what are my rights. I have been living with him for about 14 months.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If there is a conflict between a pre-nuptial agreement and the Will, the Probate Court will have to make a decision as to which to hold up. Under current Texas doctrine, the prenuptial agreement preempts the Last Will and Testament if there is a conflict, meaning it is considered superior. See HERE.

As such, the prenuptial agreement normally will supersede the Will if the Will conflicts with the prenuptial agreement. Thus, it would be a good idea to ask for whatever someone in your situation wants to be guaranteed to you to be put into the pre-nuptial agreement, and not to place one's hope into the Will.

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