What does a pre-nuptial agreement have to do with who you appoint as the Trustee and Executor of your Will?

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What does a pre-nuptial agreement have to do with who you appoint as the Trustee and Executor of your Will?

My husband and I have a prenuptial agreement. We are working on our Wills and in my Will I have my husband as my trustee and executor. In his Will he has his sister, a lawyer, as his executor and trustee. They state this is because of the pre-nuptial but that doesn’t seem right to me. Am I wrong?

Asked on July 25, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is very difficult to give guidance here with out reading all of the agreements involved.  I would strongly suggest that you take the pre nup as well as the draft of the Will to a different attorney - independent of both of you - and ask them to read them and tell you why.  It may be ebcause you waived rights in your pre nup and by being appointed as the fiduciary of the estate you would have the power to over ride same thus causing litigation from other beneficiaries.  Good luck.


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