Does a Prenup Override a Beneficiary?

When it comes to the intersection of family law and estate planning, one question that often arises is, “Does a prenup override a beneficiary?” 

The answer to this question is not as straightforward as you might think and depends on several factors. 

Generally, a prenuptial agreement does not automatically override a named beneficiary in a will or on a life insurance policy, but it can influence the distribution of assets upon death.

However, the specific application will depend on your state and the laws of that state.

Let’s take a closer look.

How Does a Prenuptial Agreement Affect a Will?

A prenuptial agreement is a legal contract that defines how assets will be divided in the event of divorce or death. 

While it doesn’t directly affect a will, it may restrict the testator’s freedom to distribute their assets as they wish. 

If a will contradicts the terms of a prenuptial agreement, the courts may uphold the latter, depending on state laws and the specific circumstances.

What Happens if You Die with a Prenup?

If you pass away with a prenuptial agreement in place, the terms of the agreement will generally be enforced. 

This means that any specifications about asset division upon death will be followed.

However, it’s important to note that prenuptial agreements cannot disinherit a spouse entirely. 

Spouses are usually entitled to a portion of the deceased’s estate, known as the elective share.

What Percentage of Prenups Are Thrown Out?

While it’s difficult to pinpoint an exact percentage, it’s true that some prenuptial agreements are invalidated by courts. 

This can happen if the agreement was signed under duress, if there was a lack of full disclosure of assets, or if the terms are deemed unconscionable.

It depends on the requirements of each state, and how many prenups are challenged in the courts.

Is a Prenup Valid After 10 Years?

The validity of a prenuptial agreement is not typically affected by the passage of time. 

As long as the agreement was properly executed and remains fair and equitable, it can be enforced regardless of how many years have passed since it was signed.

How to Nullify a Prenuptial Agreement?

To nullify a prenuptial agreement, one must prove in court that the agreement is invalid. 

This could be due to factors such as coercion, fraud, or unfairness at the time the contract was signed. 

Legal counsel should always be sought in these instances. Make sure you speak with a local attorney, as the laws of your state matter in getting a prenup voided.

Does a Prenup Override State Law?

Prenuptial agreements can override certain state laws pertaining to property division in case of divorce or death. 

However, they cannot override laws regarding child support or public policy laws. 

Further, they cannot entirely disinherit a spouse as per the laws of most states.

Check with a local attorney in your state to learn more about your circumstances.

Spouse Entitlement After Death

Despite the existence of a prenuptial agreement, a surviving spouse is typically entitled to a portion of the deceased’s estate. 

This is known as the elective share and varies from state to state. 

A prenuptial agreement can modify this entitlement, but it cannot eliminate it entirely.

Final Thoughts

While a prenuptial agreement does not automatically override a beneficiary designation, it can significantly influence the distribution of assets upon death. 

It’s crucial to align your prenuptial agreement with your estate planning documents to avoid contradiction and potential legal disputes. 

Always consult with an experienced attorney in both areas (or get two attorneys – one in each area) for guidance in these matters.