Does a Prenup Have Priority Over a Will in Georgia?
Georgia Family law recognizes both prenuptial and postnuptial agreements. Commonly called a prenup, a prenuptial agreement is a contract that couples enter into prior to marriage to clarify what is separate premarital property, debts and assets. While often wrongly looked at as "planning for divorce," many couples recognize that a solid, well-constructed prenup can actually strengthen a marriage by opening the doors of communication and having clear expectations before marriage. A postnuptial agreement is entered into after a couple has married. Georgia family law court generally does not recognize child custody or support agreements in a prenup, but Georgia courts do recognize prenuptial agreements.
Like a prenup, a Georgia will must be signed by both parties to be valid. Most attorneys will agree that even if you have a valid prenup, you also need a will to plan for the distribution of your assets.
5 Reasons You Need Both a Will and a Prenup in Georgia
1. A prenuptial agreement is negotiated and signed before your marriage, and does not consider the distribution of assets acquired during the marriage.
2. Many prenuptial agreements contain a provision that dictates exactly how long the terms of the prenup will exist, and how to cancel the prenup.
3. A prenuptial agreement does not protect your assets from death taxes, while a well-executed will or trust can help protect your estate for your beneficiaries.
4. A prenup does not include child custody or guardianship provisions. Your will can determine the guardianship for your minor children.
5. If a will contradicts a preup, or vice versa, your heirs may have legal grounds to challenge the validity of either document. This could tie your estate up for a very long time in probate court, and cost your estate considerable money.
Georgia courts recognize the validity of both legally executed prenuptial agreements and wills. While the signing date of each document would be used by the court to help determine your most current wishes on how to distribute your assets after your death, creating both a prenuptial agreement before your marriage then executing or updating a will after your marriage is the best way to safeguard your loved ones.
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When searching for a reliable attorney that can help you with estate planning, probate, and personal injury cases, turn to SmithTaire Legal in Lawrenceville, Georgia. Our firm will ensure that you are properly represented and educated. Applying compassion, experience, and resourcefulness to every case we undertake, we are dedicated to your future success. We create a unique experience for each of our clients.
If you need help with creating a will to protect your loved ones after you are gone, contact your trusted legal partner, the team at SmithTaire Legal. Our virtual office is open and we can help you via telephone, email, FaceTime, Zoom, DocuSign and other tools.
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