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How do pre- or post-marital agreements impact estate planning?

How do pre- or post-marital agreements impact estate planning?

On Behalf of | Jan 2, 2025 | Estate Planning & Probate, Marital Agreements |

Pre- and post-marital agreements can make a big difference in estate planning, especially when it comes to making sure children from earlier marriages get what you planned for them.

These agreements help decide how to share property and money, following the wishes of both spouses.

Protecting children from earlier marriages

One of the main benefits of marital agreements is protecting the rights of children from earlier marriages. Without these agreements, Texas’s community property laws could mean the surviving spouse gets more of the estate than intended. A pre- or post-marital agreement allows couples to clearly say who gets what, ensuring children from previous relationships receive their inheritance.

Explaining property ownership

Marital agreements also help explain what is separate property and what is joint property. In Texas, property gained during the marriage is usually shared. But a pre- or post-marital agreement can state which things stay separate, helping to avoid confusion or arguments when planning the estate.

Making estate planning simpler

When a marital agreement is in place, it becomes easier to plan the estate. These agreements give clear instructions on how to share assets, helping to avoid conflicts among family members. For blended families, this can be especially important to keep everyone on good terms.

Avoiding legal fights

Pre- and post-marital agreements also lower the chance of legal fights after one spouse passes away. By clearly stating how to divide assets, these agreements make it harder for anyone to challenge the will or argue about fairness, saving time and stress for the family.

Helping families feel secure

Pre- and post-marital agreements allow couples to decide how to handle their property, making sure to meet both their and their children’s needs. These agreements are a helpful tool for estate planning to care for family members according to the couple’s wishes.