[WSBAPT] Waiving right in spouse estate under prenup

Ashley Raymond ashleyraymondlaw at gmail.com
Fri Mar 17 16:09:27 PDT 2017


Prenup has the following language:

"The surviving party shall not have any right, title or interest by virtue
of any laws, including, without limitation, any laws of intestate
succession, homestead, award in lieu of homestead, family allowance,
meretricious relationship, Retirement Plan or ERISA, in the property of the
deceased Party, and the surviving Party shall not assert or accept any
interest therein, except either to the extent the deceased Party has
expressly made a provision for the surviving Party in the deceased Party's
Will, Revocable Living Trust or other probate, nonprobate, intestate
succession, or any other transfer effective at death, and/or to the extent
expressly provided in this Agreement."

So, if deceased passed without a will, would this provision in work to
treat surviving spouse as essentially pre-deceasing Decedent?



*Ashley Raymond, J.D., LL.M.*
Ashley Raymond, PLLC
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ashley at ashleyraymondlaw.com

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