In NC, which is more powerful….. a will or a prenuptial agreement

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In NC, which is more powerful….. a will or a prenuptial agreement

Engaged at 69 years old to a 61 year old man
who has no children. I have much more in
assets than he does. I want my assets
protected. Which will have the most power, a
will or a prenuptial

Asked on August 6, 2019 under Estate Planning, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Actually, you need both a prenup and Will in order to fully cover your assets. A prenup will cover what happens to them in the event of a divorce; aWill will cover what happnes to your assets after your death. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Apples and oranges. A prenuptual affects what happens to assets if you divorce, but has no effect on what happens to them when you die--only a will controls the distribtion of assets after death. Since they do two completely differwnt things, you want both.


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